[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3019 Received in Senate (RDS)]
104th CONGRESS
2d Session
H. R. 3019
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 11, 1996
Received
_______________________________________________________________________
AN ACT
Making appropriations for fiscal year 1996 to make a further
downpayment toward a balanced budget, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, and
out of applicable corporate or other revenues, receipts, and funds, for
the several departments, agencies, corporations,and other
organizational units of Government for the fiscal year 1996, and for
other purposes, namely:
TITLE I
CONTINUING APPROPRIATIONS
Sec. 101. (a) Such amounts as may be necessary for programs,
projects or activities provided for in the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 1996, at a rate of operations and to the extent and in the manner
provided for, the provisions of such Act to be effective as if it had
been enacted into law as the regular appropriations Act, as follows:
AN ACT
Making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year ending
September 30, 1996, and for other purposes.
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $74,282,000; including not to exceed $3,317,000 for the
Facilities Program 2000, and in-
cluding $5,000,000 for management and oversight of Immigration and
Naturalization Service activities, both sums to remain available until
expended: Provided, That not to exceed 45 permanent positions and 51
full-time equivalent workyears and $7,477,000 shall be expended for the
Department Leadership Program only for the Offices of the Attorney
General and the Deputy Attorney General, exclusive of augmentation that
occurred in these offices in fiscal year 1995: Provided further, That
not to exceed 76 permanent positions and 90 full-time equivalent
workyears and $9,487,000 shall be expended for the Offices of
Legislative Affairs, Public Affairs and Policy Development: Provided
further, That the latter three aforementioned offices shall not be
augmented by personnel details, temporary transfers of personnel on
either a reimbursable or non-reimbursable basis or any other type of
formal or informal transfer or reimbursement of personnel or funds on
either a temporary or long-term basis.
counterterrorism fund
For necessary expenses, as determined by the Attorney General,
$16,898,000, to remain available until expended, to reimburse any
Department of Justice organization for (1) the costs incurred in
reestablishing the operational capability of an office or facility
which has been damaged or destroyed as a result of the bombing of the
Alfred P. Murrah Federal Building in Oklahoma City or any domestic or
international terrorist incident, (2) the costs of providing support to
counter, investigate or prosecute domestic or international terrorism,
including payment of rewards in connection with these activities, and
(3) the costs of conducting a terrorism threat assessment of Federal
agencies and their facilities: Provided, That funds provided under this
section shall be available only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives and the
Senate in accordance with section 605 of this Act.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration related activities, $38,886,000:
Provided, That the obligated and unobligated balances of funds
previously appropriated to the General Administration, Salaries and
Expenses appropriation for the Executive Office for Immigration Review
and the Office of the Pardon Attorney shall be merged with this
appropriation.
violent crime reduction programs, administrative review and appeals
For activities authorized by sections 130005 and 130007 of Public
Law 103-322, $47,780,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust Fund: Provided,
That the obligated and unobligated balances of funds previously
appropriated to the General Administration, Salaries and Expenses
appropriation under title VIII of Public Law 103-317 for the Executive
Office for Immigration Review shall be merged with this appropriation.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $28,960,000; including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character, to be expended
under the direction of, and to be accounted for solely under the
certificate of, the Attorney General; and for the acquisition, lease,
maintenance and operation of motor vehicles without regard to the
general purchase price limitation.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized by law, $5,446,000.
Legal Activities
salaries and expenses, general legal activities
(including transfer of funds)
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; and rent of private or Government-owned space in the
District of Columbia; $401,929,000; of which not to exceed $10,000,000
for litigation support contracts shall remain available until expended:
Provided, That of the funds available in this appropriation, not to
exceed $22,618,000 shall remain available until expended for office
automation systems for the legal divisions covered by this
appropriation, and for the United States Attorneys, the Antitrust
Division, and offices funded through ``Salaries and Expenses'', General
Administration: Provided further, That of the total amount
appropriated, not to exceed $1,000 shall be available to the United
States National Central Bureau, INTERPOL, for official reception and
representation expenses: Provided further, That notwithstanding 31
U.S.C. 1342, the Attorney General may accept on behalf of the United
States and credit to this appropriation, gifts of money, personal
property and services, for the purpose of hosting the International
Criminal Police Organization's (INTERPOL) American Regional Conference
in the United States during fiscal year 1996.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $4,028,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund, as
authorized by section 6601 of the Omnibus Budget Reconciliation Act,
1989, as amended by Public Law 101-512 (104 Stat. 1289).
In addition, for Salaries and Expenses, General Legal Activities,
$12,000,000 shall be made available to be derived by transfer from
unobligated balances of the Working Capital Fund in the Department of
Justice.
violent crime reduction programs, general legal activities
For the expeditious deportation of denied asylum applicants, as
authorized by section 130005 of Public Law 103-322, $7,591,000, to
remain available until expended, which shall be derived from the
Violent Crime Reduction Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindered laws, $65,783,000: Provided, That notwithstanding any other
provision of law, not to exceed $48,262,000 of offsetting collections
derived from fees collected for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18(a)) shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the General Fund shall
be reduced as such offsetting collections are received during fiscal
year 1996, so as to result in a final fiscal year 1996 appropriation
from the General Fund estimated at not more than $17,521,000: Provided
further, That any fees received in excess of $48,262,000 in fiscal year
1996, shall remain available until expended, but shall not be available
for obligation until October 1, 1996.
salaries and expenses, united states attorneys
For necessary expenses of the Office of the United States
Attorneys, including intergovernmental agreements, $895,509,000, of
which not to exceed $2,500,000 shall be available until September 30,
1997 for the purposes of (1) providing training of personnel of the
Department of Justice in debt collection, (2) providing services to the
Department of Justice related to locating debtors and their property,
such as title searches, debtor skiptracing, asset searches, credit
reports and other investigations, (3) paying the costs of the
Department of Justice for the sale of property not covered by the sale
proceeds, such as auctioneers' fees and expenses, maintenance and
protection of property and businesses, advertising and title search and
surveying costs, and (4) paying the costs of processing and tracking
debts owed to the United States Government: Provided, That of the total
amount appropriated, not to exceed $8,000 shall be available for
official reception and representation expenses: Provided further, That
not to exceed $10,000,000 of those funds available for automated
litigation support contracts and $4,000,000 for security equipment
shall remain available until expended: Provided further, That in
addition to reimbursable full-time equivalent workyears available to
the Office of the United States Attorneys, not to exceed 8,595
positions and 8,862 full-time equivalent workyears shall be supported
from the funds appropriated in this Act for the United States
Attorneys.
violent crime reduction programs, united states attorneys
For activities authorized by sections 190001(d), 40114 and 130005
of Public Law 103-322, $30,000,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust Fund, of
which $20,269,000 shall be available to help meet increased demands for
litigation and related activities, $500,000 to implement a program to
appoint additional Federal Victim's Counselors, and $9,231,000 for
expeditious deportation of denied asylum applicants.
united states trustee system fund
For necessary expenses of the United States Trustee Program,
$102,390,000, as authorized by 28 U.S.C. 589a(a), to remain available
until expended, for activities authorized by section 115 of the
Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy
Act of 1986 (Public Law 99-554), which shall be derived from the United
States Trustee System Fund: Provided, That deposits to the Fund are
available in such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other provision
of law, not to exceed $44,191,000 of offsetting collections derived
from fees collected pursuant to section 589a(f) of title 28, United
States Code, as amended, shall be retained and used for necessary
expenses in this appropriation: Provided further, That the $102,390,000
herein appropriated from the United States Trustee System Fund shall be
reduced as such offsetting collections are received during fiscal year
1996, so as to result in a final fiscal year 1996 appropriation from
such Fund estimated at not more than $58,199,000: Provided further,
That any of the aforementioned fees collected in excess of $44,191,000
in fiscal year 1996 shall remain available until expended, but shall
not be available for obligation until October 1, 1996.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by 5
U.S.C. 3109, $830,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals Service;
including the acquisition, lease, maintenance, and operation of
vehicles and aircraft, and the purchase of passenger motor vehicles for
police-type use without regard to the general purchase price limitation
for the current fiscal year; $423,248,000, as authorized by 28 U.S.C.
561(i), of which not to exceed $6,000 shall be available for official
reception and representation expenses.
violent crime reduction programs, united states marshals service
For activities authorized by section 190001(b) of Public Law 103-
322, $25,000,000, to remain available until expended, which shall be
derived from the Violent Crime Reduction Trust Fund.
federal prisoner detention
(including transfer of funds)
For expenses related to United States prisoners in the custody of
the United States Marshals Service as authorized in 18 U.S.C. 4013, but
not including expenses otherwise provided for in appropriations
available to the Attorney General; $252,820,000, as authorized by 28
U.S.C. 561(i), to remain available until expended.
In addition, for Federal Prisoner Detention, $9,000,000 shall be
made available until expended to be derived by transfer from
unobligated balances of the Working Capital Fund in the Department of
Justice.
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of witnesses,
for expenses of contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, and for per diems in lieu of
subsistence, as authorized by law, including advances, $85,000,000, to
remain available until expended; of which not to exceed $4,750,000 may
be made available for planning, construction, renovations, maintenance,
remodeling, and repair of buildings and the purchase of equipment
incident thereto for protected witness safesites; of which not to
exceed $1,000,000 may be made available for the purchase and
maintenance of armored vehicles for transportation of protected
witnesses; and of which not to exceed $4,000,000 may be made available
for the purchase, installation and maintenance of a secure automated
information network to store and retrieve the identities and locations
of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964, $5,319,000.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (C),
(F), and (G), as amended, $30,000,000 to be derived from the Department
of Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with the
Radiation Exposure Compensation Act, $2,655,000.
payment to radiation exposure compensation trust fund
For payments to the Radiation Exposure Compensation Trust Fund,
$16,264,000, to become available on October 1, 1996.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the detection, investigation, and
prosecution of individuals involved in organized crime drug trafficking
not otherwise provided for, to include intergovernmental agreements
with State and local law enforcement agencies engaged in the
investigation and prosecution of individuals involved in organized
crime drug trafficking, $359,843,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation:
Provided further, That any unobligated balances remaining available at
the end of the fiscal year shall revert to the Attorney General for
reallocation among participating organizations in succeeding fiscal
years, subject to the reprogramming procedures described in section 605
of this Act.
Federal Bureau of Investigation
salaries and expenses
(including transfer of funds)
For expenses necessary for detection, investigation, and
prosecution of crimes against the United States; including purchase for
police-type use of not to exceed 1,815 passenger motor vehicles of
which 1,300 will be for replacement only, without regard to the general
purchase price limitation for the current fiscal year, and hire of
passenger motor vehicles; acquisition, lease, maintenance and operation
of aircraft; and not to exceed $70,000 to meet unforeseen emergencies
of a confidential character, to be expended under the direction of, and
to be accounted for solely under the certificate of, the Attorney
General; $2,189,183,000, of which not to exceed $50,000,000 for
automated data processing and telecommunications and technical
investigative equipment and $1,000,000 for undercover operations shall
remain available until September 30, 1997; of which not less than
$102,345,000 shall be for counterterrorism investigations, foreign
counterintelligence, and other activities related to our national
security; of which not to exceed $98,400,000 shall remain available
until expended; of which not to exceed $10,000,000 is authorized to be
made available for making payments or advances for expenses arising out
of contractual or reimbursable agreements with State and local law
enforcement agencies while engaged in cooperative activities related to
violent crime, terrorism, organized crime, and drug investigations; and
of which $1,500,000 shall be available to maintain an independent
program office dedicated solely to the relocation of the Criminal
Justice Information Services Division and the automation of fingerprint
identification services: Provided, That not to exceed $45,000 shall be
available for official reception and representation expenses: Provided
further, That $58,000,000 shall be made available for NCIC 2000, of
which not less than $35,000,000 shall be derived from ADP and
Telecommunications unobligated balances, and of which $22,000,000 shall
be derived by transfer and available until expended from unobligated
balances in the Working Capital Fund of the Department of Justice.
violent crime reduction programs
For activities authorized by Public Law 103-322, $218,300,000, to
remain available until expended, which shall be derived from the
Violent Crime Reduction Trust Fund, of which $208,800,000 shall be for
activities authorized by section 190001(c); $4,000,000 for Training and
Investigative Assistance authorized by section 210501(c)(2); and
$5,500,000 for establishing DNA quality assurance and proficiency
testing standards, establishing an index to facilitate law enforcement
exchange of DNA identification information, and related activities
authorized by section 210306.
construction
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $97,589,000, to remain
available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of, and to
be accounted for solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs, including
travel and related expenses for participants in such programs and the
distribution of items of token value that promote the goals of such
programs; purchase of not to exceed 1,208 passenger motor vehicles, of
which 1,178 will be for replacement only, for police-type use without
regard to the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of aircraft;
$745,668,000, of which not to exceed $1,800,000 for research and
$15,000,000 for transfer to the Drug Diversion Control Fee Account for
operating expenses shall remain available until expended, and of which
not to exceed $4,000,000 for purchase of evidence and payments for
information, not to exceed $4,000,000 for contracting for ADP and
telecommunications equipment, and not to exceed $2,000,000 for
technical and laboratory equipment shall remain available until
September 30, 1997, and of which not to exceed $50,000 shall be
available for official reception and representation expenses.
violent crime reduction programs
For activities authorized by sections 180104 and 190001(b) of
Public Law 103-322, $60,000,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust Fund.
Immigration and Naturalization Service
salaries and expenses
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to immigration,
naturalization, and alien registration, including not to exceed $50,000
to meet unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for solely under
the certificate of, the Attorney General; purchase for police-type use
(not to exceed 813 of which 177 are for replacement only) without
regard to the general purchase price limitation for the current fiscal
year, and hire of passenger motor vehicles; acquisition, lease,
maintenance and operation of aircraft; and research related to
immigration enforcement; $1,394,825,000, of which $36,300,000 shall
remain available until September 30, 1997; of which $506,800,000 is
available for the Border Patrol; of which not to exceed $400,000 for
research shall remain available until expended; and of which not to
exceed $10,000,000 shall be available for costs associated with the
training program for basic officer training: Provided, That none of the
funds available to the Immigration and Naturalization Service shall be
available for administrative expenses to pay any employee overtime pay
in an amount in excess of $25,000 during the calendar year beginning
January 1, 1996: Provided further, That uniforms may be purchased
without regard to the general purchase price limitation for the current
fiscal year: Provided further, That not to exceed $5,000 shall be
available for official reception and representation expenses: Provided
further, That the Attorney General may transfer to the Department of
Labor and the Social Security Administration not to exceed $10,000,000
for programs to verify the immigration status of persons seeking
employment in the United States: Provided further, That none of the
funds provided in this or any other Act shall be used for the continued
operation of the San Clemente and Temecula checkpoints unless: (1) the
checkpoints are open and traffic is being checked on a continuous 24-
hour basis and (2) the Immigration and Naturalization Service
undertakes a commuter lane facilitation pilot program at the San
Clemente checkpoint within 90 days of enactment of this Act: Provided
further, That the Immigration and Naturalization Service shall
undertake the renovation and improvement of the San Clemente
checkpoint, to include the addition of two to four lanes, and which
shall be exempt from Federal procurement regulations for contract
formation, from within existing balances in the Immigration and
Naturalization Service Construction account: Provided further, That if
renovation of the San Clemente checkpoint is not completed by July 1,
1996, the San Clemente checkpoint will close until such time as the
renovations and improvements are completed unless funds for the
continued operation of the checkpoint are provided and made available
for obligation and expenditure in accordance with procedures set forth
in section 605 of this Act, as the result of certification by the
Attorney General that exigent circumstances require the checkpoint to
be open and delays in completion of the renovations are not the result
of any actions that are or have been in the control of the Department
of Justice: Provided further, That the Office of Public Affairs at the
Immigration and Naturalization Service shall conduct its business in
areas only relating to its central mission, including: research,
analysis, and dissemination of information, through the media and other
communications outlets, relating to the activities of the Immigration
and Naturalization Service: Provided further, That the Office of
Congressional Relations at the Immigration and Naturalization Service
shall conduct business in areas only relating to its central mission,
including: providing services to Members of Congress relating to
constituent inquiries and requests for information; and working with
the relevant congressional committees on proposed legislation affecting
immigration matters: Provided further, That in addition to amounts
otherwise made available in this title to the Attorney General, the
Attorney General is authorized to accept and utilize, on behalf of the
United States, the $100,000 Innovation in American Government Award for
1995 from the Ford Foundation for the Immigration and Naturalization
Service's Operation Jobs program.
violent crime reduction programs
For activities authorized by sections 130005, 130006, and 130007 of
Public Law 103-322, $316,198,000, to remain available until expended,
which will be derived from the Violent Crime Reduction Trust Fund, of
which $38,704,000 shall be for expeditious deportation of denied asylum
applicants, $231,570,000 for improving border controls, and $45,924,000
for expanded special deportation proceedings: Provided, That of the
amounts made available, $75,765,000 shall be for the Border Patrol.
construction
For planning, construction, renovation, equipping and maintenance
of buildings and facilities necessary for the administration and
enforcement of the laws relating to immigration, naturalization, and
alien registration, not otherwise provided for, $25,000,000, to remain
available until expended.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions, including
purchase (not to exceed 853, of which 559 are for replacement only) and
hire of law enforcement and passenger motor vehicles; and for the
provision of technical assistance and advice on corrections related
issues to foreign governments; $2,567,578,000: Provided, That there may
be transferred to the Health Resources and Services Administration such
amounts as may be necessary, in the discretion of the Attorney General,
for direct expenditures by that Administration for medical relief for
inmates of Federal penal and correctional institutions: Provided
further, That the Director of the Federal Prison System (FPS), where
necessary, may enter into contracts with a fiscal agent/fiscal
intermediary claims processor to determine the amounts payable to
persons who, on behalf of the FPS, furnish health services to
individuals committed to the custody of the FPS: Provided further, That
uniforms may be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further, That not to
exceed $6,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$50,000,000 for the activation of new facilities shall remain available
until September 30, 1997: Provided further, That of the amounts
provided for Contract Confinement, not to exceed $20,000,000 shall
remain available until expended to make payments in advance for grants,
contracts and reimbursable agreements and other expenses authorized by
section 501(c) of the Refugee Education Assistance Act of 1980 for the
care and security in the United States of Cuban and Haitian entrants:
Provided further, That no funds appropriated in this Act shall be used
to privatize any Federal prison facilities located in Forrest City,
Arkansas, and Yazoo City, Mississippi: Provided further, That
obligations incurred for the National Institute of Corrections through
March 15, 1996 shall be charged to the amount made available under this
heading.
violent crime reduction programs
For substance abuse treatment in Federal prisons as authorized by
section 32001(e) of Public Law 103-322, $13,500,000, to remain
available until expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility; purchase
and acquisition of facilities and remodeling and equipping of such
facilities for penal and correctional use, including all necessary
expenses incident thereto, by contract or force account; and
constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account;
$334,728,000, to remain available until expended, of which not to
exceed $14,074,000 shall be available to construct areas for inmate
work programs: Provided, That labor of United States prisoners may be
used for work performed under this appropriation: Provided further,
That not to exceed 10 percent of the funds appropriated to ``Buildings
and Facilities'' in this Act or any other Act may be transferred to
``Salaries and Expenses'', Federal Prison System upon notification by
the Attorney General to the Committees on Appropriations of the House
of Representatives and the Senate in compliance with provisions set
forth in section 605 of this Act: Provided further, That of the total
amount appropriated, not to exceed $22,351,000 shall be available for
the renovation and construction of United States Marshals Service
prisoner holding facilities.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase of (not to
exceed five for replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,559,000 of the funds of the corporation shall be
available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be
determined in accordance with the corporation's current prescribed
accounting system, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities acquired
or produced, including selling and shipping expenses, and expenses in
connection with acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and other
property belonging to the corporation or in which it has an interest.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended, and the Missing Children's Assistance Act, as
amended, including salaries and expenses in connection therewith, and
with the Victims of Crime Act of 1984, as amended, $99,977,000, to
remain available until expended, as authorized by section 1001 of title
I of the Omnibus Crime Control and Safe Streets Act, as amended by
Public Law 102-534 (106 Stat. 3524).
violent crime reduction programs, justice assistance
For assistance (including amounts for administrative costs for
management and administration, which amounts shall be transferred to
and merged with the ``Justice Assistance'' account) authorized by the
Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-
322 (``the 1994 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968, as amended (``the 1968 Act''); and the Victims of Child Abuse
Act of 1990, as amended (``the 1990 Act''); $202,400,000, to remain
available until expended, which shall be derived from the Violent Crime
Reduction Trust Fund; of which $6,000,000 shall be for the Court
Appointed Special Advocate Program, as authorized by section 218 of the
1990 Act; $750,000 for Child Abuse Training Programs for Judicial
Personnel and Practitioners, as authorized by section 224 of the 1990
Act; $130,000,000 for Grants to Combat Violence Against Women to
States, units of local governments and Indian tribal governments, as
authorized by section 1001(a)(18) of the 1968 Act; $28,000,000 for
Grants to Encourage Arrest Policies to States, units of local
governments and Indian tribal governments, as authorized by section
1001(a)(19) of the 1968 Act; $7,000,000 for Rural Domestic Violence and
Child Abuse Enforcement Assistance Grants, as authorized by section
40295 of the 1994 Act; $1,000,000 for training programs to assist
probation and parole officers who work with released sex offenders, as
authorized by section 40152(c) of the Violent Crime Control and Law
Enforcement Act of 1994; $50,000 for grants for televised testimony, as
authorized by section 1001(a)(7) of the Omnibus Crime Control and Safe
Streets Act of 1968; $200,000 for the study of State databases on the
incidence of sexual and domestic violence, as authorized by section
40292 of the Violent Crime Control and Law Enforcement Act of 1994;
$1,500,000 for national stalker and domestic violence reduction, as
authorized by section 40603 of the 1994 Act; $27,000,000 for grants for
residential substance abuse treatment for State prisoners authorized by
section 1001(a)(17) of the 1968 Act; and $900,000 for the Missing
Alzheimer's Disease Patient Alert Program, as authorized by section
240001(d) of the 1994 Act: Provided, That any balances for these
programs shall be transferred to and merged with this appropriation.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, for State and Local Narcotics Control
and Justice Assistance Improvements, notwithstanding the provisions of
section 511 of said Act, $388,000,000, to remain available until
expended, as authorized by section 1001 of title I of said Act, as
amended by Public Law 102-534 (106 Stat. 3524), of which $60,000,000
shall be available to carry out the provisions of chapter A of subpart
2 of part E of title I of said Act, for discretionary grants under the
Edward Byrne Memorial State and Local Law Enforcement Assistance
Programs: Provided, That balances of amounts appropriated prior to
fiscal year 1995 under the authorities of this account shall be
transferred to and merged with this account.
violent crime reduction programs, state and local law enforcement
assistance
For assistance (including amounts for administrative costs for
management and administration, which amounts shall be transferred to
and merged with the ``Justice Assistance'' account) authorized by the
Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-
322 (``the 1994 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968, as amended (``the 1968 Act''); and the Victims of Child Abuse
Act of 1990, as amended (``the 1990 Act''); $3,005,200,000, to remain
available until expended, which shall be derived from the Violent Crime
Reduction Trust Fund; of which $1,903,000,000 shall be for Local Law
Enforcement Block Grants, pursuant to H.R. 728 as passed by the House
of Representatives on February 14, 1995 for the purposes set forth in
paragraphs (A), (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728
and for establishing crime prevention programs involving cooperation
between community residents and law enforcement personnel in order to
control, detect, or investigate crime or the prosecution of criminals:
Provided, That recipients are encouraged to use these funds to hire
additional law enforcement officers: Provided further, That funds may
also be used to defray the costs of indemnification insurance for law
enforcement officers: Provided further, That $10,000,000 of this amount
shall be available for educational expenses as set forth in section
200103 of the 1994 Act; $25,000,000 for grants to upgrade criminal
records, as authorized by section 106(b) of the Brady Handgun Violence
Prevention Act of 1993, as amended, and section 4(b) of the National
Child Protection Act of 1993; $147,000,000 as authorized by section
1001 of title I of the 1968 Act, which shall be available to carry out
the provisions of subpart 1, part E of title I of the 1968 Act,
notwithstanding section 511 of said Act, for the Edward Byrne Memorial
State and Local Law Enforcement Assistance Programs; $300,000,000 for
the State Criminal Alien Assistance Program, as authorized by section
242(j) of the Immigration and Nationality Act, as amended; $617,500,000
for Violent Offender Incarceration and Truth in Sentencing Incentive
Grants pursuant to subtitle A of title II of the Violent Crime Control
and Law Enforcement Act of 1994 (as amended by section 114 of this
Act), of which $200,000,000 shall be available for payments to States
for incarceration of criminal aliens, and of which $12,500,000 shall be
available for the Cooperative Agreement Program; $1,000,000 for grants
to States and units of local government for projects to improve DNA
analysis, as authorized by section 1001(a)(22) of the 1968 Act;
$9,000,000 for Improved Training and Technical Automation Grants, as
authorized by section 210501(c)(1) of the 1994 Act; $1,000,000 for Law
Enforcement Family Support Programs, as authorized by section
1001(a)(21) of the 1968 Act; $500,000 for Motor Vehicle Theft
Prevention Programs, as authorized by section 220002(h) of the 1994
Act; $1,000,000 for Gang Investigation Coordination and Information
Collection, as authorized by section 150006 of the 1994 Act; $200,000
for grants as authorized by section 32201(c)(3) of the 1994 Act:
Provided further, That funds made available in fiscal year 1996 under
subpart 1 of part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, may be obligated for programs to
assist States in the litigation processing of death penalty Federal
habeas corpus petitions: Provided further, That any 1995 balances for
these programs shall be transferred to and merged with this
appropriation: Provided further, That if a unit of local government
uses any of the funds made available under this title to increase the
number of law enforcement officers, the unit of local government will
achieve a net gain in the number of law enforcement officers who
perform nonadministrative public safety service: Provided further, That
obligations incurred for Drug Courts through March 15, 1996 shall be
charged to the amount made available under this heading for Local Law
Enforcement Block Grants.
weed and seed program fund
For necessary expenses, including salaries and related expenses of
the Executive Office for Weed and Seed, to implement ``Weed and Seed''
program activities, $28,500,000, which shall be derived from
discretionary grants provided under the Edward Byrne Memorial State and
Local Law Enforcement Assistance Programs, to remain available until
expended for intergovernmental agreements, including grants,
cooperative agreements, and contracts, with State and local law
enforcement agencies engaged in the investigation and prosecution of
violent crimes and drug offenses in ``Weed and Seed'' designated
communities, and for either reimbursements or transfers to
appropriation accounts of the Department of Justice and other Federal
agencies which shall be specified by the Attorney General to execute
the ``Weed and Seed'' program strategy: Provided, That funds designated
by Congress through language for other Department of Justice
appropriation accounts for ``Weed and Seed'' program activities shall
be managed and executed by the Attorney General through the Executive
Office for Weed and Seed: Provided further, That the Attorney General
may direct the use of other Department of Justice funds and personnel
in support of ``Weed and Seed'' program activities only after the
Attorney General notifies the Committees on Appropriations of the House
of Representatives and the Senate in accordance with section 605 of
this Act.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974, as amended, including salaries and expenses in connection
therewith to be transferred to and merged with the appropriations for
Justice Assistance, $144,000,000, to remain available until expended,
as authorized by section 299 of part I of title II and section 506 of
title V of the Act, as amended by Public Law 102-586, of which: (1)
$100,000,000 shall be available for expenses authorized by parts A, B,
and C of title II of the Act; (2) $10,000,000 shall be available for
expenses authorized by sections 281 and 282 of part D of title II of
the Act for prevention and treatment programs relating to juvenile
gangs; (3) $10,000,000 shall be available for expenses authorized by
section 285 of part E of title II of the Act; (4) $4,000,000 shall be
available for expenses authorized by part G of title II of the Act for
juvenile mentoring programs; and (5) $20,000,000 shall be available for
expenses authorized by title V of the Act for incentive grants for
local delinquency prevention programs.
In addition, for grants, contracts, cooperative agreements, and
other assistance authorized by the Victims of Child Abuse Act of 1990,
as amended, $4,500,000, to remain available until expended, as
authorized by section 214B, of the Act: Provided, That balances of
amounts appropriated prior to fiscal year 1995 under the authorities of
this account shall be transferred to and merged with this account.
public safety officers benefits
For payments authorized by part L of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796), as amended, such
sums as are necessary, to remain available until expended, as
authorized by section 6093 of Public Law 100-690 (102 Stat. 4339-4340),
and, in addition, $2,134,000, to remain available until expended, for
payments as authorized by section 1201(b) of said Act.
General Provisions--Department of Justice
Sec. 114. (a) Grant Program.--Subtitle A of title II of the Violent
Crime and Law Enforcement Act of 1994 is amended to read as follows:
``Subtitle A--Violent Offender Incarceration and Truth-in-Sentencing
Incentive Grants
``SEC. 20101. DEFINITIONS.
``As used in this subtitle--
``(1) the term ``indeterminate sentencing' means a system
by which--
``(A) the court may impose a sentence of a range
defined by statute; and
``(B) an administrative agency, generally the
parole board, or the court, controls release within the
statutory range;
``(2) the term `part 1 violent crime' means murder and
nonnegligent manslaughter, forcible rape, robbery, and
aggravated assault as reported to the Federal Bureau of
Investigation for purposes of the Uniform Crime Reports; and
``(3) the term `State' means a State of the United States,
the District of Columbia, or any commonwealth, territory, or
possession of the United States.
``SEC. 20102. AUTHORIZATION OF GRANTS.
``(a) In General.--The Attorney General shall provide grants to
eligible States--
``(1) to build or expand correctional facilities to
increase the prison bed capacity for the confinement of persons
convicted of a part 1 violent crime or adjudicated delinquent
for an act which if committed by an adult, would a part 1
violent crime;
``(2) to build or expand temporary or permanent
correctional facilities, including facilities on military
bases, prison barges, and boot camps, for the confinement of
convicted nonviolent offenders and criminal aliens, for the
purpose of freeing suitable existing prison space for the
confinement of persons convicted of a part 1 violent crime; and
``(3) to build or expand jails.
``(b) Regional Compacts.--
``(1) In general.--Subject to paragraph (2), States may
enter into regional compacts to carry out this subtitle. Such
compacts shall be treated as States under this subtitle.
``(2) Requirement.--To be recognized as a regional compact
for eligibility for a grant under section 20103 or 20104, each
member State must be eligible individually.
``(3) Limitation on receipt of funds.--No State may receive
a grant under this subtitle both individually and as part of a
compact.
``(c) Limitations.--
``(1) Except as provided in paragraph (2), an eligible
State may receive either a general grant under section 20103 or
a truth-in-sentencing incentive grant under section 20104.
``(2) Exception.--An eligible State may receive a grant
under both sections 20103 and 20104 if the amount that such
State is eligible to receive under section 20103 in a year
equals or exceeds the amount that such State is eligible to
receive under section 20104 for that year.
``(d) Applicability.--Notwithstanding the eligibility requirements
of sections 20103 and 20104, a State that certifies to the Attorney
General that, as of the date of enactment of the Department of Justice
Appropriations Act, 1996, such State has enacted legislation in
reliance on subtitle A of title II of the Violent Crime Control and Law
Enforcement Act, as enacted on September 13, 1994, and would in fact
qualify under those provisions, shall be eligible to receive a grant
for fiscal year 1996 as though such State qualifies under sections
20103 or 20104 of this subtitle.
``SEC. 20103. GENERAL GRANTS.
``(a) In General.--To be eligible to receive a grant under this
section, a State shall submit an application to the Attorney General
that provides assurances that such State has, since 1993--
``(1) increased the percentage of persons convicted of a
part 1 violent crime sentenced to prison;
``(2) increased the average prison time actually to be
served in prison by persons convicted of a part 1 violent crime
sentenced to prison; and
``(3) increased the average percentage of time of the
sentence to be actually served in prison by persons convicted
of a part 1 violent crime and sentenced to prison.
``(b) Indeterminate Sentencing Exception.--Notwithstanding
subsection (a), a State shall be eligible for a grant under this
section if such State submits an application to the Attorney General
that provides assurances that the State on the date of the enactment of
the Departments of Commerce, Justice, and State, the Judiciary and
Related Agencies Appropriations Act, 1996--
``(1) practices indeterminate sentencing with regard to any
part 1 violent crime; and
``(2) since 1993 the State has increased--
``(A) the percentage of persons convicted of a part
1 violent crime sentenced to prison; and
``(B) the average time served in the State for the
offenses of murder, rape, and robbery under the State's
sentencing and release guidelines for such offenses.
``SEC. 20104. TRUTH-IN-SENTENCING INCENTIVE GRANTS.
``(a) Eligibility.--To be eligible to receive a grant under this
section, a State shall submit an application to the Attorney General
that provides assurances that--
``(1) such State has implemented truth-in-sentencing laws
that require persons convicted of a part 1 violent crime to
serve not less than 85 percent of the sentence imposed (not
counting time not actually served, such as administrative or
statutory incentives for good behavior);
``(2) such State has truth-in-sentencing laws that have
been enacted, but not yet implemented, that require such State,
not later than 3 years after such State submits an application
to the Attorney General, to provide that persons convicted of a
part 1 violent crime serve not less than 85 percent of the
sentence imposed; or
``(3) if, in the case of a State that on the date of
enactment of the Departments of Commerce, Justice, and State,
the Judiciary and Related Agencies Appropriations Act, 1996,
practices indeterminate sentencing with regard to any part 1
violent crime, such State demonstrates that the average time
served for part 1 violent crimes in the State equals at least
85 percent of the sentences established for such crimes under
the State's sentencing and release guidelines (not counting
time not actually served, such as administrative or statutory
incentives for good behavior).
``(b) Exception.--Notwithstanding subsection (a), a State may
provide that the Governor of the State may allow for the earlier
release of--
``(1) a geriatric prisoner; or
``(2) a prisoner whose medical condition precludes the
prisoner from posing a threat to the public, but only after a
public hearing in which representatives of the public and the
prisoner's victims have had an opportunity to be heard
regarding a proposed release.
``SEC. 20105. SPECIAL RULES.
``(a) Sharing of Funds With Counties and Other Units of Local
Government.--
``(1) Reservation.--Each State shall reserve not more than
15 percent of the amount of funds allocated in a fiscal year
pursuant to section 20106 for counties and units of local
government to construct, develop, expand, modify, or improve
jails and other correctional facilities.
``(2) Factors for determination of amount.--To determine
the amount of funds to be reserved under this subsection, a
State shall consider the burden placed on a county or unit of
local government that results from the implementation of
policies adopted by the State to carry out sections 20103 and
20104.
``(b) Additional Requirement.--To be eligible to receive a grant
under section 20103 or 20104, a State shall provide assurances to the
Attorney General that the State has implemented or will implement not
later than 18 months after the date of the enactment of this subtitle
policies that provide for the recognition of the rights and needs of
crime victims.
``(c) Funds for Juvenile Offenders.--Notwithstanding any other
provision of this subtitle, if a State, or unit of local government
located in a State that otherwise meets the requirements of sections
20103 or 20104, certifies to the Attorney General that exigent
circumstances exist that require the State to expend funds to confine
juvenile offenders, the State may use funds received under this
subtitle to build or expand juvenile correctional facilities or
pretrial detention facilities for juvenile offenders.
``(d) Private Facilities.--A State may use funds received under
this subtitle for the privatization of facilities to carry out the
purposes of section 20102.
``SEC. 20106. FORMULA FOR GRANTS.
``In determining the amount of funds that may be granted to each
State eligible to receive a grant under section 20103 or 20104, the
Attorney General shall apply the following formula:
``(1) Minimum amount for grants under section 20103.--Of
the amount set aside for grants for section 20103, 0.6 percent
shall be allocated to each eligible State, except that the
United States Virgin Islands, American Samoa, Guam, and the
Commonwealths of Puerto Rico and the Northern Mariana Islands
shall each be allocated 0.05 percent.
``(2) Minimum amount for grants under section 20104.--Of
the amount set aside for grants for section 20104--
``(A) if less than 20 States are awarded grants
under section 20104, 2.5 percent of the amounts paid
shall be allocated to each eligible State, except that
the United States Virgin Islands, American Samoa, Guam,
and the Commonwealths of Puerto Rico and the Northern
Mariana Islands shall each be allocated 0.05 percent;
and
``(B) if 20 or more States are awarded grants under
section 20104, 2.0 percent of the amounts awarded shall
be allocated to each eligible State in a fiscal year
for a grant under section 20104, except that the United
States Virgin Islands, American Samoa, Guam, and the
Commonwealths of Puerto Rico and the Northern Mariana
Islands shall each be allocated 0.04 percent.
``(3) Additional amounts based on number of part 1 violent
crimes.--
``(A) Distribution of remaining amounts.--The
amounts remaining after the application of paragraph
(1) or (2) shall be allocated to each eligible State in
the ratio that the average annual number of part 1 violent crimes
reported by such State to the Federal Bureau of Investigation for the 3
years preceding the year in which the determination is made bears to
the average annual number of part 1 violent crimes reported by all such
States to the Federal Bureau of Investigation for the 3 years preceding
the year in which the determination is made.
``(B) Unavailable data.--If data regarding part 1
violent crimes in any State is unavailable for the 3
years preceding the year in which the determination is
made or substantially inaccurate, the Attorney General
shall utilize the best available comparable data
regarding the number of violent crimes for the previous
year for the State for the purposes of allocation of
funds under this subtitle.
``(4) Regional compacts.--In determining the funds that
States organized as a regional compact may receive, the
Attorney General shall first apply the formula in either
paragraph (1) or (2) and (3) of this section to each member
State of the compact. The States organized as a regional
compact may receive the sum of the amounts so determined.
``SEC. 20107. ACCOUNTABILITY.
``(a) Fiscal Requirements.--A State that receives funds under this
subtitle shall use accounting, audit, and fiscal procedures that
conform to guidelines prescribed by the Attorney General, and shall
ensure that any funds used to carry out the programs under section
20102(a) shall represent the best value for the State governments at
the lowest possible cost and employ the best available technology.
``(b) Administrative Provisions.--The administrative provisions of
sections 801 and 802 of the Omnibus Crime Control and Safe Streets Act
of 1968 shall apply to the Attorney General under this subtitle in the
same manner that such provisions apply to the officials listed in such
sections.
``SEC. 20108. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--
``(1) Authorizations.--There are authorized to be
appropriated to carry out this subtitle--
``(A) $997,500,000 for fiscal year 1996;
``(B) $1,330,000,000 for fiscal year 1997;
``(C) $2,527,999,000 for fiscal year 1998;
``(D) $2,660,000,000 for fiscal year 1999; and
``(E) $2,753,100,000 for fiscal year 2000.
``(2) Distribution.--
``(A) In general.--Subject to section 20109, and
except as provided in subparagraph (B), of the amount
appropriated pursuant to paragraph (1)--
``(i) one-third of such amount shall be
allocated pursuant to section 20106 to eligible
states under section 20103; and
``(ii) two-thirds of such amount shall be
allocated pursuant to section 20106 to eligible
states under section 20104.
``(B) Additional funds.--Subject to section 20109,
if the amount appropriated pursuant to paragraph (1)
exceeds $750,000,000--
``(i) half of such amount shall be
allocated pursuant to section 20106 to eligible
States under section 20103; and
``(ii) half of such amount shall be
allocated pursuant to section 20106 to eligible
States under section 20104.
``(b) Limitations on Funds.--
``(1) Uses of funds.--Except as provided in section 20111,
funds made available pursuant to this section shall be used
only to carry out the purposes described in section 20102(a).
``(2) Nonsupplanting requirement.--Funds made available
pursuant to this section shall not be used to supplant State
funds, but shall be used to increase the amount of funds that
would, in the absence of Federal funds, be made available from
State sources.
``(3) Administrative costs.--Not more than 3 percent of the
funds made available pursuant to this section shall be used for
administrative costs.
``(4) Carryover of appropriations.--Funds appropriated
pursuant to this section during any fiscal year shall remain
available until expended.
``(5) Matching funds.--The Federal share of a grant
received under this subtitle may not exceed 90 percent of the
costs of a proposal as described in an application approved
under this subtitle.
``SEC. 20109. PAYMENTS FOR INCARCERATION ON TRIBAL LANDS.
``(a) Reservation of Funds.--Notwithstanding any other provision of
this subtitle, from amounts appropriated under section 20108 to carry
out sections 20103 and 20104, the Attorney General shall reserve, to
carry out this section--
``(1) 0.3 percent in each of fiscal years 1996 and 1997;
and
``(2) 0.2 percent in each of fiscal years 1998, 1999, and
2000.
``(b) Grants to Indian Tribes.--From the amounts reserved under
subsection (a), the Attorney General may make grants to Indian tribes
for the purposes of constructing jails on tribal lands for the
incarceration of offenders subject to tribal jurisdiction.
``(c) Applications.--To be eligible to receive a grant under this
section, an Indian tribe shall submit to the Attorney General an
application in such form and containing such information as the
Attorney General may by regulation require.
``SEC. 20110. PAYMENTS TO ELIGIBLE STATES FOR INCARCERATION OF CRIMINAL
ALIENS.
``(a) In General.--The Attorney General shall make a payment to
each State which is eligible under section 242(j) of the Immigration
and Nationality Act and which meets the eligibility requirements of
section 20104, in such amount as is determined under section 242(j) and
for which payment is not made to such State for such fiscal year under
such section.
``(b) Authorization of Appropriations.--Notwithstanding any other
provision of this subtitle, there are authorized to be appropriated to
carry out this section from amounts authorized under section 20108, an
amount which when added to amounts appropriated to carry out section
242(j) of the Immigration and Nationality Act for fiscal year 1996
equals $500,000,000 and for each of the fiscal years 1997 through 2000
does not exceed $650,000,000.
``(c) Report to Congress.--Not later than May 15, 1999, the
Attorney General shall submit a report to the Congress which contains
the recommendation of the Attorney General concerning the extension of
the program under this section.
``SEC. 20111. SUPPORT OF FEDERAL PRISONERS IN NON-FEDERAL INSTITUTIONS.
``(a) In General.--The Attorney General may make payments to States
and units of local government for the purposes authorized in section
4013 of title 18, United States Code.
``(b) Authorization of Appropriations.--Notwithstanding any other
provision of this subtitle, there are authorized to be appropriated
from amounts authorized under section 20108 for each fiscal years 1996
through 2000 such sums as may be necessary to carry out this section.
``SEC. 20112. REPORT BY THE ATTORNEY GENERAL.
``Beginning on July 1, 1996, and each July 1 thereafter, the
Attorney General shall report to the Congress on the implementation of
this subtitle, including a report on the eligibility of the States
under sections 20103 and 20104, and the distribution and use of funds
under this subtitle.''.
(b) Preference in Payments.--Section 242(j)(4) of the Immigration
and Nationality Act (8 U.S.C. 1252(j)(4)) is amended by adding at the
end the following:
``(C) in carrying out paragraph (1)(A), the
Attorney General shall give preference in making
payments to States and political subdivisions of States
which are ineligible for payments under section 20110
of the Violent Crime Control and Law Enforcement Act of
1994.''.
(c) Conforming Amendments.--
(1) Omnibus crime control and safe streets act of 1968.--
(A) Part v.--Part V of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is repealed.
(B) Funding.--
(i) Section 1001(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended
by striking paragraph (20).
(ii) Notwithstanding the provisions of
subparagraph (A), any funds that remain
available to an applicant under paragraph (20)
of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 shall be used in
accordance with part V of such Act as if such
Act was in effect on the day preceding the date
of enactment of this Act.
(2) Violent crime control and law enforcement act of
1994.--
(A) Table of contents.--The table of contents of
the Violent Crime Control and Law Enforcement Act of
1994 is amended by striking the matter relating to
title V.
(B) Compliance.--Notwithstanding the provisions of
paragraph (1), any funds that remain available to an
applicant under title V of the Violent Crime Control
and Law Enforcement Act of 1994 shall be used in
accordance with such subtitle as if such subtitle was
in effect on the day preceding the date of enactment of
this Act.
(C) Truth-in-sentencing.--The table of contents of
the Violent Crime Control and Law Enforcement Act of
1994 is amended by striking the matter relating to
subtitle A of title II and inserting the following:
``Subtitle A--Truth-in-Sentencing Grants
``Sec. 20101. Definitions.
``Sec. 20102. Authorization of Grants.
``Sec. 20103. General Grants.
``Sec. 20104. Truth-in-sentencing incentive grants.
``Sec. 20105. Special rules.
``Sec. 20106. Formula for grants.
``Sec. 20107. Accountability.
``Sec. 20108. Authorization of appropriations.
``Sec. 20109. Payments for Incarceration on Tribal Lands.
``Sec. 20110. Payments to States for Incarceration of Criminal Aliens.
``Sec. 20111. Support of Federal Prisoners in Non-Federal Institutions.
``Sec. 20112. Report by the Attorney General.''.
This title may be cited as the ``Department of Justice
Appropriations Act, 1996''.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$20,889,000, of which $2,500,000 shall remain available until expended:
Provided, That not to exceed $98,000 shall be available for official
reception and representation expenses.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $40,000,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas; travel
and transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard to 49
U.S.C. 1517; employment of Americans and aliens by contract for
services; rental of space abroad for periods not exceeding ten years,
and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $327,000 for official representation expenses
abroad; purchase of passenger motor vehicles for official use abroad,
not to exceed $30,000 per vehicle; obtain insurance on official motor
vehicles; and rent tie lines and teletype equipment; $264,885,000, to
remain available until expended: Provided, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities without
regard to 15 U.S.C. 4912; and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational and
Cultural Exchange Act shall include payment for assessments for
services provided as part of these activities.
Export Administration
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for services
abroad; rental of space abroad for periods not exceeding ten years, and
expenses of alteration, repair, or improvement; payment of tort claims,
in the manner authorized in the first paragraph of 28 U.S.C. 2672 when
such claims arise in foreign countries; not to exceed $15,000 for
official representation expenses abroad; awards of compensation to
informers under the Export Administration Act of 1979, and as
authorized by 22 U.S.C. 401(b); purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without regard to
any price limitation otherwise established by law; $38,604,000, to
remain available until expended: Provided, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities: Provided
further, That payments and contributions collected and accepted for
materials or services provided as part of such activities may be
retained for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the Department of
Commerce and other export control programs of the United States and
other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, as amended, Public
Law 91-304, and such laws that were in effect immediately before
September 30, 1982, and for trade adjustment assistance, $328,500,000:
Provided, That none of the funds appropriated or otherwise made
available under this heading may be used directly or indirectly for
attorneys' or consultants' fees in connection with securing grants and
contracts made by the Economic Development Administration: Provided
further, That, notwithstanding any other provision of law, the
Secretary of Commerce may provide financial assistance for projects to
be located on military installations closed or scheduled for closure or
realignment to grantees eligible for assistance under the Public Works
and Economic Development Act of 1965, as amended, without it being
required that the grantee have title or ability to obtain a lease for
the property, for the useful life of the project, when in the opinion
of the Secretary of Commerce, such financial assistance is necessary
for the economic development of the area: Provided further, That the
Secretary of Commerce may, as the Secretary considers appropriate,
consult with the Secretary of Defense regarding the title to land on
military installations closed or scheduled for closure or realignment.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $20,000,000: Provided, That
these funds may be used to monitor projects approved pursuant to title
I of the Public Works Employment Act of 1976, as amended, title II of
the Trade Act of 1974, as amended, and the Community Emergency Drought
Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $32,000,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$45,900,000, to remain available until September 30, 1997.
economics and statistics administration revolving fund
The Secretary of Commerce is authorized to disseminate economic and
statistical data products as authorized by 15 U.S.C. 1525-1527 and,
notwithstanding 15 U.S.C. 4912, charge fees necessary to recover the
full costs incurred in their production. Notwithstanding 31 U.S.C.
3302, receipts received from these data dissemination activities shall
be credited to this account, to be available for carrying out these
purposes without further appropriation.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$133,812,000.
periodic censuses and programs
For expenses necessary to collect and publish statistics for
periodic censuses and programs provided for by law, $150,300,000, to
remain available until expended.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration, $17,000,000, to
remain available until expended: Provided, That notwithstanding 31
U.S.C. 1535(d), the Secretary of Commerce is authorized to retain and
use as offsetting collections all funds transferred, or previously
transferred, from other Government agencies for spectrum management,
analysis, and operations and for all costs incurred in
telecommunications research, engineering, and related activities by the
Institute for Telecommunication Sciences of the NTIA in furtherance of
its assigned functions under this paragraph and such funds received
from other Government agencies shall remain available until expended.
public broadcasting facilities, planning and construction
For grants authorized by section 392 of the Communications Act of
1934, as amended, $15,500,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $2,200,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That
notwithstanding the provisions of section 391 of the Act, the prior
year unobligated balances may be made available for grants for projects
for which applications have been submitted and approved during any
fiscal year.
information infrastructure grants
For grants authorized by section 392 of the Communications Act of
1934, as amended, $21,500,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $3,000,000 shall be available for program administration and
other support activities as authorized by section 391 of the Act
including support of the Advisory Council on National Information
Infrastructure: Provided further, That of the funds appropriated
herein, not to exceed 5 percent may be available for telecommunications
research activities for projects related directly to the development of
a national information infrastructure: Provided further, That
notwithstanding the requirements of section 392(a) and 392(c) of the
Act, these funds may be used for the planning and construction of
telecommunications networks for the provision of educational, cultural,
health care, public information, public safety or other social
services.
Patent and Trademark Office
salaries and expenses
For necessary expenses of the Patent and Trademark Office provided
for by law, including defense of suits instituted against the
Commissioner of Patents and Trademarks; $82,324,000, to remain
available until expended: Provided, That the funds made available under
this heading are to be derived from deposits in the Patent and
Trademark Office Fee Surcharge Fund as authorized by law: Provided
further, That the amounts made available under the Fund shall not
exceed amounts deposited; and such fees as shall be collected pursuant
to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, shall remain available
until expended.
Science and Technology
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology, $259,000,000, to remain available until expended, of which
not to exceed $8,500,000 may be transferred to the ``Working Capital
Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension Partnership
of the National Institute of Standards and Technology, $80,000,000, to
remain available until expended, of which not to exceed $500,000 may be
transferred to the ``Working Capital Fund'': Provided, That none of the
funds made available under this heading in this or any other Act may be
used for the purposes of carrying out additional program competitions
under the Advanced Technology Program: Provided further, That any
unobligated balances available from carryover of prior year
appropriations under the Advanced Technology Program may be used only
for the purposes of providing continuation grants.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation of existing
facilities, not otherwise provided for the National Institute of
Standards and Technology, as authorized by 15 U.S.C. 278c-278e,
$60,000,000, to remain available until expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including acquisition,
maintenance, operation, and hire of aircraft; not to exceed 358
commissioned officers on the active list; grants, contracts, or other
payments to nonprofit organizations for the purposes of conducting
activities pursuant to cooperative agreements; and alteration,
modernization, and relocation of facilities as authorized by 33 U.S.C.
883i; $1,795,677,000, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 but consistent with other existing
law, fees shall be assessed, collected, and credited to this
appropriation as offsetting collections to be available until expended,
to recover the costs of administering aeronautical charting programs:
Provided further, That the sum herein appropriated from the general
fund shall be reduced as such additional fees are received during
fiscal year 1996, so as to result in a final general fund appropriation
estimated at not more than $1,792,677,000: Provided further, That any
such additional fees received in excess of $3,000,000 in fiscal year
1996 shall not be available for obligation until October 1, 1996:
Provided further, That fees and donations received by the National
Ocean Service for the management of the national marine sanctuaries may
be retained and used for the salaries and expenses associated with
those activities, notwithstanding 31 U.S.C. 3302: Provided further,
That in addition, $63,000,000 shall be derived by transfer from the
fund entitled ``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'': Provided further, That grants to
States pursuant to sections 306 and 306(a) of the Coastal Zone
Management Act, as amended, shall not exceed $2,000,000.
coastal zone management fund
Of amounts collected pursuant to 16 U.S.C. 1456a, not to exceed
$7,800,000, for purposes set forth in 16 U.S.C. 1456a(b)(2)(A), 16
U.S.C. 1456a(b)(2)(B)(v), and 16 U.S.C. 1461(e).
construction
For repair and modification of, and additions to, existing
facilities and construction of new facilities, and for facility
planning and design and land acquisition not otherwise provided for the
National Oceanic and Atmospheric Administration, $50,000,000, to remain
available until expended.
fleet modernization, shipbuilding and conversion
For expenses necessary for the repair, acquisition, leasing, or
conversion of vessels, including related equipment to maintain and
modernize the existing fleet and to continue planning the modernization
of the fleet, for the National Oceanic and Atmospheric Administration,
$8,000,000, to remain available until expended.
fishing vessel and gear damage compensation fund
For carrying out the provisions of section 3 of Public Law 95-376,
not to exceed $1,032,000, to be derived from receipts collected
pursuant to 22 U.S.C. 1980 (b) and (f), to remain available until
expended.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $999,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the Atlantic
Tunas Convention Act of 1975, as amended (Public Law 96-339), the
Magnuson Fishery Conservation and Management Act of 1976, as amended
(Public Law 100-627) and the American Fisheries Promotion Act (Public
Law 96-561), there are appropriated from the fees imposed under the
foreign fishery observer program authorized by these Acts, not to
exceed $196,000, to remain available until expended.
fishing vessel obligations guarantees
For the cost, as defined in section 502 of the Federal Credit
Reform Act of 1990, of guaranteed loans authorized by the Merchant
Marine Act of 1936, as amended, $250,000: Provided, That none of the
funds made available under this heading may be used to guarantee loans
for any new fishing vessel that will increase the harvesting capacity
in any United States fishery.
Technology Administration
Under Secretary for Technology/Office of Technology Policy
salaries and expenses
For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $5,000,000.
General Administration
salaries and expenses
For expenses necessary for the general administration of the
Department of Commerce provided for by law, including not to exceed
$3,000 for official entertainment, $29,100,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App. 1-11 as amended by Public Law 100-504),
$19,849,000.
National Institute of Standards and Technology
construction of research facilities
(rescission)
Of the unobligated balances available under this heading,
$75,000,000 are rescinded.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act
shall be available for the activities specified in the Act of October
26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed
by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for
advanced payments not otherwise authorized only upon the certification
of officials designated by the Secretary that such payments are in the
public interest.
Sec. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 203. None of the funds made available by this Act may be used
to support the hurricane reconnaissance aircraft and activities that
are under the control of the United States Air Force or the United
States Air Force Reserve.
Sec. 204. None of the funds provided in this or any previous Act,
or hereinafter made available to the Department of Commerce shall be
available to reimburse the Unemployment Trust Fund or any other fund or
account of the Treasury to pay for any expenses paid before October 1,
1992, as authorized by section 8501 of title 5, United States Code, for
services performed after April 20, 1990, by individuals appointed to
temporary positions within the Bureau of the Census for purposes
relating to the 1990 decennial census of population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 605 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, the Secretary of Commerce, no
later than 90 days thereafter, shall submit to the Committees on
Appropriations of the House and the Senate a plan for transferring
funds provided in this Act to the appropriate successor organizations:
Provided, That the plan shall include a proposal for transferring or
rescinding funds appropriated herein for agencies or programs
terminated under such legislation: Provided further, That such plan
shall be transmitted in accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate head of any
successor organization(s) may use any available funds to carry out
legislation dismantling or reorganizing the Department of Commerce to
cover the costs of actions relating to the abolishment, reorganization
or transfer of functions and any related personnel action, including
voluntary separation incentives if authorized by such legislation:
Provided, That the authority to transfer funds between appropriations
accounts that may be necessary to carry out this section is provided in
addition to authorities included under section 205 of this Act:
Provided further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 207. Notwithstanding any other provision of law (including any
regulation and including the Public Works and Economic Development Act
of 1965), the transfer of title to the Rutland City Industrial Complex
to Hilinex, Vermont (as related to Economic Development Administration
Project Number 01-11-01742) shall not require compensation to the
Federal Government for the fair share of the Federal Government of that
real property.
Sec. 208. (a) In General.--The Secretary of Commerce, acting
through the Assistant Secretary for Economic Development of the
Department of Commerce, shall--
(1) not later than January 1, 1996, commence the demolition
of the structures on, and the cleanup and environmental
remediation on, the parcel of land described in subsection (b);
(2) not later than March 31, 1996, complete the demolition,
cleanup, and environmental remediation under paragraph (1); and
(3) not later than April 1, 1996, convey the parcel of land
described in subsection (b), in accordance with the
requirements of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)), to the Tuscaloosa County Industrial
Development Authority, on receipt of payment of the fair market
value for the parcel by the Authority, as agreed on by the
Secretary and the Authority.
(b) Land Parcel.--The parcel of land referred to in subsection (a)
is the parcel of land consisting of approximately 41 acres in Holt,
Alabama (in Tuscaloosa County), that is generally known as the
``Central Foundry Property'', as depicted on a map, and as described in
a legal description, that the Secretary, acting through the Assistant
Secretary for Economic Development, determines to be satisfactory.
Sec. 209. Any costs incurred by a Department or agency funded under
this title resulting from personnel actions taken in response to
funding reductions included in this title shall be absorbed within the
total budgetary resources available to such Department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this provision is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated
as a reprogramming of funds under section 605 of this Act and shall not
be available for obligation or expenditure except in compliance with
the procedures set forth in that section.
Sec. 210. None of the funds appropriated under this Act may be used
to develop new fishery management plans or amendments which create new
individual transferable quota programs, or to implement any such plans
or amendments approved by a Regional Fishery Management Council or the
Secretary of Commerce after January 4, 1995, until offsetting fees to
pay for the cost of administering such plans or amendments are
expressly authorized under the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
This title may be cited as the ``Department of Commerce and Related
Agencies Appropriations Act, 1996''.
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $25,834,000.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon him by the Act
approved May 7, 1934 (40 U.S.C. 13a-13b), $3,313,000, of which $500,000
shall remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $14,288,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services as authorized by 5 U.S.C.
3109, and necessary expenses of the court, as authorized by law,
$10,859,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges
of the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the
United States Court of Federal Claims, bankruptcy judges, magistrate
judges, and all other officers and employees of the Federal Judiciary
not otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $2,433,141,000 (including the purchase of
firearms and ammunition); of which not to exceed $13,454,000 shall
remain available until expended for space alteration projects; of which
not to exceed $10,000,000 shall remain available until expended for
furniture and furnishings related to new space alteration and
construction projects; and of which $500,000 is to remain available
until expended for acquisition of books, periodicals, and newspapers,
and all other legal reference materials, including subscriptions.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $2,318,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
violent crime reduction programs
For activities of the Federal Judiciary as authorized by law,
$30,000,000, to remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund, as authorized by section
190001(a) of Public Law 103-322.
defender services
For the operation of Federal Public Defender and Community Defender
organizations, the compensation and reimbursement of expenses of
attorneys appointed to represent persons under the Criminal Justice Act
of 1964, as amended, the compensation and reimbursement of expenses of
persons furnishing investigative, expert and other services under the
Criminal Justice Act (18 U.S.C. 3006A(e)), the compensation (in
accordance with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel, the
compensation and reimbursement of travel expenses of guardians ad litem
acting on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign
countries with which the United States has a treaty for the execution
of penal sentences, and the compensation of attorneys appointed to
represent jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d), $267,217,000, to remain
available until expended as authorized by 18 U.S.C. 3006A(i): Provided,
That none of the funds provided in this Act shall be available for
Death Penalty Resource Centers or Post-Conviction Defender
Organizations after April 1, 1996.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)); $59,028,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
court security
For necessary expenses, not otherwise provided for, incident to the
procurement, installation, and maintenance of security equipment and
protective services for the United States Courts in courtrooms and
adjacent areas, including building ingress-egress control, inspection
of packages, directed security patrols, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access to
Justice Act (Public Law 100-702); $102,000,000, to be expended directly
or transferred to the United States Marshals Service which shall be
responsible for administering elements of the Judicial Security Program
consistent with standards or guidelines agreed to by the Director of
the Administrative Office of the United States Courts and the Attorney
General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $47,500,000, of which not to exceed $7,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $17,914,000; of which $1,800,000 shall
remain available through September 30, 1997, to provide education and
training to Federal court personnel; and of which not to exceed $1,000
is authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $24,000,000, to the Judicial Survivors'
Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,000,000, and to
the United States Court of Federal Claims Judges' Retirement Fund, as
authorized by 28 U.S.C. 178(l), $1,900,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $8,500,000, of which not
to exceed $1,000 is authorized for official reception and
representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Appropriations made in this title shall be available for
salaries and expenses of the Special Court established under the
Regional Rail Reorganization Act of 1973, Public Law 93-236.
Sec. 303. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and other Judicial
Services, Defender Services'', shall be increased by more than 10
percent by any such transfers: Provided, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
Sec. 304. Notwithstanding any other provision of law, the salaries
and expenses appropriation for district courts, courts of appeals, and
other judicial services shall be available for official reception and
representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $10,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in his capacity as Secretary of the
Judicial Conference.
Sec. 305. Section 333 of title 28, United States Code, is amended--
(1) in the first paragraph by striking ``shall'' the first,
second, and fourth place it appears and inserting ``may''; and
(2) in the second paragraph--
(A) by striking ``shall'' the first place it appears
and inserting ``may''; and
(B) by striking ``, and unless excused by the chief
judge, shall remain throughout the conference''.
This title may be cited as ``The Judiciary Appropriations Act,
1996''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, including expenses authorized by
the State Department Basic Authorities Act of 1956, as amended;
representation to certain international organizations in which the
United States participates pursuant to treaties, ratified pursuant to
the advice and consent of the Senate, or specific Acts of Congress;
acquisition by exchange or purchase of passenger motor vehicles as
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and 22 U.S.C. 2674; and
for expenses of general administration, $1,708,800,000: Provided, That
notwithstanding section 140(a)(5), and the second sentence of section
140(a)(3) of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236), not to exceed $125,000,000 of fees may
be collected during fiscal year 1996 under the authority of section
140(a)(1) of that Act: Provided further, That all fees collected under
the preceding proviso shall be deposited in fiscal year 1996 as an
offsetting collection to appropriations made under this heading to
recover the costs of providing consular services and shall remain
available until expended: Provided further, That starting in fiscal
year 1997, a system shall be in place that allocates to each department
and agency the full cost of its presence outside of the United States.
Of the funds provided under this heading, $24,856,000 shall be
available only for the Diplomatic Telecommunications Service for
operation of existing base services and not to exceed $17,144,000 shall
be available only for the enhancement of the Diplomatic
Telecommunications Service and shall remain available until expended.
Of the latter amount, $9,600,000 shall not be made available until
expiration of the 15 day period beginning on the date when the
Secretary of State and the Director of the Diplomatic
Telecommunications Service submit the pilot program report required by
section 507 of Public Law 103-317.
In addition, not to exceed $700,000 in registration fees collected
pursuant to section 38 of the Arms Export Control Act, as amended, may
be used in accordance with section 45 of the State Department Basic
Authorities Act of 1956, 22 U.S.C. 2717; and in addition not to exceed
$1,223,000 shall be derived from fees from other executive agencies for
lease or use of facilities located at the International Center in
accordance with section 4 of the International Center Act (Public Law
90-553, as amended by section 120 of Public Law 101-246); and in
addition not to exceed $15,000 which shall be derived from
reimbursements, surcharges, and fees for use of Blair House facilities
in accordance with section 46 of the State of Department Basic
Authorities Act of 1956 (22 U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to exceed 20 percent
of the amounts made available in this Act in the appropriation
accounts, ``Diplomatic and Consular Programs'' and ``Salaries and
Expenses'' under the heading ``Administration of Foreign Affairs'' may
be transferred between such appropriation accounts: Provided, That any
transfer pursuant to this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
For an additional amount for security enhancements to counter the
threat of terrorism, $9,720,000, to remain available until expended.
salaries and expenses
For expenses necessary for the general administration of the
Department of State and the Foreign Service, provided for by law,
including expenses authorized by section 9 of the Act of August 31,
1964, as amended (31 U.S.C. 3721), and the State Department Basic
Authorities Act of 1956, as amended, $363,276,000.
For an additional amount for security enhancements to counter the
threat of terrorism, $1,870,000, to remain available until expended.
capital investment fund
For necessary expenses of the Capital Investment Fund, $16,400,000,
to remain available until expended, as authorized in Public Law 103-
236: Provided, That section 135(e) of Public Law 103-236 shall not
apply to funds appropriated under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App.), $27,369,000, notwithstanding section 209(a)(1)
of the Foreign Service Act of 1980 (Public Law 96-465), as it relates
to post inspections: Provided, That notwithstanding any other provision
of law, (1) the Office of the Inspector General of the United States
Information Agency is hereby merged with the Office of the Inspector
General of the Department of State; (2) the functions exercised and
assigned to the Office of the Inspector General of the United States
Information Agency before the effective date of this Act (including all
related functions) are transferred to the Office of the Inspector
General of the Department of State; and (3) the Inspector General of
the Department of State shall also serve as the Inspector General of
the United States Information Agency.
representation allowances
For representation allowances as authorized by section 905 of the
Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $4,500,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services in accordance
with the provisions of section 214 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,579,000.
security and maintenance of united states missions
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300), and the
Diplomatic Security Construction Program as authorized by title IV of
the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4851), $385,760,000, to remain available until expended as
authorized by 22 U.S.C. 2696(c): Provided, That none of the funds
appropriated in this paragraph shall be available for acquisition of
furniture and furnishings and generators for other departments and
agencies.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service
pursuant to the requirement of 31 U.S.C. 3526(e), $6,000,000, to remain
available until expended as authorized by 22 U.S.C. 2696(c), of which
not to exceed $1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same terms and
conditions.
repatriation loans program account
For the cost of direct loans, $593,000, as authorized by 22 U.S.C.
2671: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974. In addition, for administrative expenses necessary to
carry out the direct loan program, $183,000 which may be transferred to
and merged with the Salaries and Expenses account under Administration
of Foreign Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act,
Public Law 96-8 (93 Stat. 14), $15,165,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $125,402,000.
International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $700,000,000:
Provided, That any payment of arrearages shall be directed toward
special activities that are mutually agreed upon by the United States
and the respective international organization: Provided further, That
20 percent of the funds appropriated in this paragraph for the assessed
contribution of the United States to the United Nations shall be
withheld from obligation and expenditure until a certification is made
under section 401(b) of Public Law 103-236 for fiscal year 1996:
Provided further, That certification under section 401(b) of Public Law
103-236 for fiscal year 1996 may only be made if the Committees on
Appropriations and Foreign Relations of the Senate and the Committees
on Appropriations and International Relations of the House of
Representatives are notified of the steps taken, and anticipated, to
meet the requirements of section 401(b) of Public Law 103-236 at least
15 days in advance of the proposed certification: Provided further,
That none of the funds appropriated in this paragraph shall be
available for a United States contribution to an international
organization for the United States share of interest costs made known
to the United States Government by such organization for loans incurred
on or after October 1, 1984, through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $225,000,000:
Provided, That none of the funds made available under this Act shall be
obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least fifteen days in advance of voting
for the new or expanded mission in the United Nations Security Council
(or in an emergency, as far in advance as is practicable), (1) the
Committees on Appropriations of the House of Representatives and the
Senate and other appropriate Committees of the Congress are notified of
the estimated cost and length of the mission, the vital national
interest that will be served, and the planned exit strategy; and (2) a
reprogramming of funds pursuant to section 605 of this Act is
submitted, and the procedures therein followed, setting forth the
source of funds that will be used to pay for the cost of the new or
expanded mission: Provided further, That funds shall be available for
peacekeeping expenses only upon a certification by the Secretary of
State to the appropriate committees of the Congress that American
manufacturers and suppliers are being given opportunities to provide
equipment, services and material for United Nations peacekeeping
activities equal to those being given to foreign manufacturers and
suppliers.
international conferences and contingencies
For necessary expenses authorized by section 5 of the State
Department Basic Authorities Act of 1956, in addition to funds
otherwise available for these purposes, contributions for the United
States share of general expenses of international organizations and
conferences and representation to such organizations and conferences as
provided for by 22 U.S.C. 2656 and 2672 and personal services without
regard to civil service and classification laws as authorized by 5
U.S.C. 5102, $3,000,000, to remain available until expended as
authorized by 22 U.S.C. 2696(c), of which not to exceed $200,000 may be
expended for representation as authorized by 22 U.S.C. 4085.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $12,058,000.
construction
For detailed plan preparation and construction of authorized
projects, $6,644,000, to remain available until expended as authorized
by 22 U.S.C. 2696(c).
american sections, international commissions
For necessary expenses, not otherwise provided for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for the Border
Environment Cooperation Commission as authorized by Public Law 103-182;
$5,800,000, of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint Commission.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $14,669,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions, pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by section 501 of
Public Law 101-246, $5,000,000, to remain available until expended as
authorized by 22 U.S.C. 2696(c).
RELATED AGENCIES
Arms Control and Disarmament Agency
arms control and disarmament activities
For necessary expenses not otherwise provided, for arms control,
nonproliferation, and disarmament activities, $32,700,000, of which not
to exceed $50,000 shall be for official reception and representation
expenses as authorized by the Act of September 26, 1961, as amended (22
U.S.C. 2551 et seq.).
United States Information Agency
salaries and expenses
For expenses, not otherwise provided for, necessary to enable the
United States Information Agency, as authorized by the Mutual
Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C.
2451 et seq.), the United States Information and Educational Exchange
Act of 1948, as amended (22 U.S.C. 1431 et seq.) and Reorganization
Plan No. 2 of 1977 (91 Stat. 1636), to carry out international
communication, educational and cultural activities; and to carry out
related activities authorized by law, including employment, without
regard to civil service and classification laws, of persons on a
temporary basis (not to exceed $700,000 of this appropriation), as
authorized by 22 U.S.C. 1471, and entertainment, including official
receptions, within the United States, not to exceed $25,000 as
authorized by 22 U.S.C. 1474(3); $445,645,000: Provided, That not to
exceed $1,400,000 may be used for representation abroad as authorized
by 22 U.S.C. 1452 and 4085: Provided further, That not to exceed
$7,615,000 to remain available until expended, may be credited to this
appropriation from fees or other payments received from or in
connection with English teaching, library, motion pictures, and
publication programs as authorized by section 810 of the United States
Information and Educational Exchange Act of 1948, as amended: Provided
further, That not to exceed $1,700,000 to remain available until
expended may be used to carry out projects involving security
construction and related improvements for agency facilities not
physically located together with Department of State facilities abroad.
technology fund
For expenses necessary to enable the United States Information
Agency to provide for the procurement of information technology
improvements, as authorized by the United States Information and
Educational Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.),
the Mutual Educational and Cultural Exchange Act of 1961, as amended
(22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91
Stat. 1636), $5,050,000, to remain available until expended.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized by the Mutual Educational and Cultural Exchange Act of 1961,
as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of
1977 (91 Stat. 1636), $200,000,000, to remain available until expended
as authorized by 22 U.S.C. 2455.
eisenhower exchange fellowship program trust fund
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-05), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 1996, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit Organizations),
including the restrictions on compensation for personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship Program as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September
30, 1996, to remain available until expended.
american studies collections endowment fund
For necessary expenses of American Studies Collections as
authorized by section 235 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, all interest and earnings accruing to the
American Studies Collections Endowment Fund on or before September 30,
1996, to remain available until expended.
international broadcasting operations
For expenses necessary to enable the United States Information
Agency, as authorized by the United States Information and Educational
Exchange Act of 1948, as amended, the United States International
Broadcasting Act of 1994, as amended, and Reorganization Plan No. 2 of
1977, to carry out international communication activities;
$325,191,000, of which $5,000,000 shall remain available until
expended, not to exceed $16,000 may be used for official receptions
within the United States as authorized by 22 U.S.C. 1474(3), not to
exceed $35,000 may be used for representation abroad as authorized by
22 U.S.C. 1452 and 4085, and not to exceed $39,000 may be used for
official reception and representation expenses of Radio Free Europe/
Radio Liberty; and in addition, not to exceed $250,000 from fees as
authorized by section 810 of the United States Information and
Educational Exchange Act of 1948, as amended, to remain available until
expended for carrying out authorized purposes; and in addition,
notwithstanding any other provision of law, not to exceed $1,000,000 in
monies received (including receipts from advertising, if any) by or for
the use of the United States Information Agency from or in connection
with broadcasting resources owned by or on behalf of the Agency, to be
available until expended for carrying out authorized purposes.
broadcasting to cuba
For expenses necessary to enable the United States Information
Agency to carry out the Radio Broadcasting to Cuba Act, as amended, the
Television Broadcasting to Cuba Act, and the International Broadcasting
Act of 1994, including the purchase, rent, construction, and
improvement of facilities for radio and television transmission and
reception, and purchase and installation of necessary equipment for
radio and television transmission and reception, $24,809,000 to remain
available until expended: Provided, That not later than April 1, 1996,
the headquarters of the Office of Cuba Broadcasting shall be relocated
from Washington, D.C. to south Florida, and that any funds available
under the headings ``International Broadcasting Operations'',
``Broadcasting to Cuba'', and ``Radio Construction'' may be available
to carry out this relocation.
radio construction
For an additional amount for the purchase, rent, construction, and
improvement of facilities for radio transmission and reception and
purchase and installation of necessary equipment for radio and
television transmission and reception as authorized by 22 U.S.C. 1471,
$40,000,000, to remain available until expended as authorized by 22
U.S.C. 1477b(a).
east-west center
To enable the Director of the United States Information Agency to
provide for carrying out the provisions of the Center for Cultural and
Technical Interchange Between East and West Act of 1960 (22 U.S.C.
2054-2057), by grant to the Center for Cultural and Technical
Interchange Between East and West in the State of Hawaii, $11,750,000:
Provided, That none of the funds appropriated herein shall be used to
pay any salary, or enter into any contract providing for the payment
thereof, in excess of the rate authorized by 5 U.S.C. 5376.
north/south center
To enable the Director of the United States Information Agency to
provide for carrying out the provisions of the North/South Center Act
of 1991 (22 U.S.C. 2075), by grant to an educational institution in
Florida known as the North/South Center, $2,000,000, to remain
available until expended.
national endowment for democracy
For grants made by the United States Information Agency to the
National Endowment for Democracy as authorized by the National
Endowment for Democracy Act, $30,000,000, to remain available until
expended.
General Provisions--Department of State and Related Agencies
Sec. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of 5 U.S.C.; for services as authorized by
5 U.S.C. 3109; and hire of passenger transportation pursuant to 31
U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
not to exceed 5 percent of any appropriation made available for the
current fiscal year for the United States Information Agency in this
Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided
further, That any transfer pursuant to this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 403. Funds appropriated or otherwise made available under this
Act or any other Act may be expended for compensation of the United
States Commissioner of the International Boundary Commission, United
States and Canada, only for actual hours worked by such Commissioner.
Sec. 404. (a) No later than 90 days after enactment of legislation
consolidating, reorganizing or downsizing the functions of the
Department of State, the United States Information Agency, and the Arms
Control and Disarmament Agency, the Secretary of State, the Director of
the United States Information Agency and the Director of the Arms
Control and Disarmament Agency shall submit to the Committees on
Appropriations of the House and the Senate a proposal for transferring
or rescinding funds appropriated herein for functions that are
consolidated, reorganized or downsized under such legislation:
Provided, That such plan shall be transmitted in accordance with
section 605 of this Act.
(b) The Secretary of State, the Director of the United States
Information Agency, and the Director of the Arms Control and
Disarmament Agency, as appropriate, may use any available funds to
cover the costs of actions to consolidate, reorganize or downsize the
functions under their authority required by such legislation, and of
any related personnel action, including voluntary separation incentives
if authorized by such legislation: Provided, That the authority to
transfer funds between appropriations accounts that may be necessary to
carry out this section is provided in addition to authorities included
under section 402 of this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 405. (a) Funds appropriated by this Act for the United States
Information Agency, the Arms Control and Disarmament Agency, and the
Department of State may be obligated and expended notwithstanding
section 701 of the United States Information and Educational Exchange
Act of 1948 and section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, section 53 of the Arms Control and
Disarmament Act, and section 15 of the State Department Basic
Authorities Act of 1956.
(b) Subsection (a) shall cease to be in effect after April 1, 1996.
Sec. 406. Section 36(a)(1) of the State Department Authorities Act
of 1956, as amended (22 U.S.C. 2708), is amended to delete ``may pay a
reward'' and insert in lieu thereof ``shall establish and publicize a
program under which rewards may be paid''.
Sec. 407. Sections 6(a) and 6(b) of Public Law 101-454 are
repealed. In addition, notwithstanding any other provision of law,
Eisenhower Exchange Fellowships, Incorporated, may use one-third of any
earned but unused trust income from the period 1992 through 1995 for
Fellowship purposes in each of fiscal years 1996 through 1998.
Sec. 408. It is the sense of the Senate that none of the funds
appropriated or otherwise made available pursuant to this Act should be
used for the deployment of combat-equipped forces of the Armed Forces
of the United States for any ground operations in Bosnia and
Herzegovina unless--
(1) Congress approves in advance the deployment of such
forces of the Armed Forces; or
(2) the temporary deployment of such forces of the Armed
Forces of the United States into Bosnia and Herzegovina is
necessary to evacuate United Nations peacekeeping forces from a
situation of imminent danger, to undertake emergency air rescue
operations, or to provide for the airborne delivery of
humanitarian supplies, and the President reports as soon as
practicable to Congress after the initiation of the temporary
deployment, but in no case later than 48 hours after the
initiation of the deployment.
Sec. 409. Any costs incurred by a Department or agency funded under
this title resulting from personnel actions taken in response to
funding reductions included in this title shall be absorbed within the
total budgetary resources available to such Department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this provision is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated
as a reprogramming of funds under section 605 of this Act and shall not
be available for obligation or expenditure except in compliance with
the procedures set forth in that section.
This title may be cited as the ``Department of State and Related
Agencies Appropriations Act, 1996''.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
operating-differential subsidies
(liquidation of contract authority)
For the payment of obligations incurred for operating-differential
subsidies as authorized by the Merchant Marine Act, 1936, as amended,
$162,610,000, to remain available until expended.
maritime national security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States as determined by the Secretary of Defense in consultation with
the Secretary of Transportation, $46,000,000, to remain available until
expended: Provided, That these funds will be available only upon
enactment of an authorization for this program.
operations and training
For necessary expenses of operations and training activities
authorized by law, $66,600,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, the
Secretary of Transportation may use proceeds derived from the sale or
disposal of National Defense Reserve Fleet vessels that are currently
collected and retained by the Maritime Administration, to be used for
facility and ship maintenance, modernization and repair, conversion,
acquisition of equipment, and fuel costs necessary to maintain training
at the United States Merchant Marine Academy and State maritime
academies and may be transferred to the Secretary of the Interior for
use as provided in the National Maritime Heritage Act (Public Law 103-
451): Provided further, That reimbursements may be made to this
appropriation from receipts to the ``Federal Ship Financing Fund'' for
administrative expenses in support of that program in addition to any
amount heretofore appropriated.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the Merchant
Marine Act of 1936, $40,000,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $1,000,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $3,500,000, which shall be
transferred to and merged with the appropriation for Operations and
Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and make
necessary repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration, and payments received therefor shall be credited to the
appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year
from the construction fund established by the Merchant Marine Act,
1936, or otherwise, in excess of the appropriations and limitations
contained in this Act or in any prior appropriation Act, and all
receipts which otherwise would be deposited to the credit of said fund
shall be covered into the Treasury as miscellaneous receipts.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of America's
Heritage Abroad, $206,000, as authorized by Public Law 99-83, section
1303.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $8,750,000: Provided, That not to
exceed $50,000 may be used to employ consultants: Provided further,
That none of the funds appropriated in this paragraph shall be used to
employ in excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than
75 billable days, with the exception of the Chairperson who is
permitted 125 billable days.
Commission on Immigration Reform
salaries and expenses
For necessary expenses of the Commission on Immigration Reform
pursuant to section 141(f) of the Immigration Act of 1990, $1,894,000,
to remain available until expended.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304, $1,090,000,
to remain available until expended as authorized by section 3 of Public
Law 99-7.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
as amended (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990 and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary awards to
private citizens; not to exceed $26,500,000, for payments to State and
local enforcement agencies for services to the Commission pursuant to
title VII of the Civil Rights Act of 1964, as amended, sections 6 and
14 of the Age Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991;
$233,000,000: Provided, That the Commission is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from available funds.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-02; not to exceed $600,000 for land and
structure; not to exceed $500,000 for improvement and care of grounds
and repair to buildings; not to exceed $4,000 for official reception
and representation expenses; purchase (not to exceed sixteen) and hire
of motor vehicles; special counsel fees; and services as authorized by
5 U.S.C. 3109; $175,709,000, of which not to exceed $300,000 shall
remain available until September 30, 1997, for research and policy
studies: Provided, That $116,400,000 of offsetting collections shall be
assessed and collected pursuant to section 9 of title I of the
Communications Act of 1934, as amended, and shall be retained and used
for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced as such offsetting collections are
received during fiscal year 1996 so as to result in a final fiscal year
1996 appropriation estimated at $59,309,000: Provided further, That any
offsetting collections received in excess of $116,400,000 in fiscal
year 1996 shall remain available until expended, but shall not be
available for obligation until October 1, 1996.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act of 1936, as
amended (46 App. U.S.C. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-02; $14,855,000: Provided, That not to exceed $2,000 shall
be available for official reception and representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses; $79,568,000: Provided, That not to exceed
$300,000 shall be available for use to contract with a person or
persons for collection services in accordance with the terms of 31
U.S.C. 3718, as amended: Provided further, That notwithstanding any
other provision of law, not to exceed $48,262,000 of offsetting
collections derived from fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976
(15 U.S.C. 18(a)) shall be retained and used for necessary expenses in
this appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the General Fund shall
be reduced as such offsetting collections are received during fiscal
year 1996, so as to result in a final fiscal year 1996 appropriation
from the General Fund estimated at not more than $31,306,000, to remain
available until expended: Provided further, That any fees received in
excess of $48,262,000 in fiscal year 1996 shall remain available until
expended, but shall not be available for obligation until October 1,
1996: Provided further, That none of the funds made available to the
Federal Trade Commission shall be available for obligation for expenses
authorized by section 151 of the Federal Deposit Insurance Corporation
Improvement Act of 1991 (Public Law 102-242, 105 Stat. 2282-2285).
Japan-United States Friendship Commission
japan-united states friendship trust fund
For expenses of the Japan-United States Friendship Commission, as
authorized by Public Law 94-118, as amended, from the interest earned
on the Japan-United States Friendship Trust Fund, $1,247,000; and an
amount of Japanese currency not to exceed the equivalent of $1,420,000
based on exchange rates at the time of payment of such amounts as
authorized by Public Law 94-118.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, as amended,
$278,000,000, of which $266,000,000 is for basic field programs;
$7,000,000 is for the Office of the Inspector General, of which
$5,500,000 shall remain available until expended and be used to
contract with independent public accountants for financial audits of
all recipients in accordance with the requirements of section 509 of
this Act; and $5,000,000 is for management and administration:
Provided, That $198,750,000 of the total amount provided under this
heading for basic field programs shall not be available except for the
competitive award of grants and contracts under section 503 of this
Act.
administrative provisions--legal services corporation
Sec. 501. (a) Funds appropriated under this Act to the Legal
Services Corporation for basic field programs shall be distributed as
follows:
(1) The Corporation shall define geographic areas and make
the funds available for each geographic area on a per capita
basis relative to the number of individuals in poverty
determined by the Bureau of the Census to be within the
geographic area, except as provided in paragraph (2)(B). Funds
for such a geographic area may be distributed by the
Corporation to 1 or more persons or entities eligible for
funding under section 1006(a)(1)(A) of the Legal Services
Corporation Act (42 U.S.C. 2996e(a)(1)(A)), subject to sections
502 and 504.
(2) Funds for grants from the Corporation, and contracts
entered into by the Corporation for basic field programs, shall
be allocated so as to provide--
(A) except as provided in subparagraph (B), an
equal figure per individual in poverty for all
geographic areas, as determined on the basis of the
most recent decennial census of population conducted
pursuant to section 141 of title 13, United States Code
(or, in the case of the Republic of Palau, the
Federated States of Micronesia, the Republic of the
Marshall Islands, Alaska, Hawaii, and the United States
Virgin Islands, on the basis of the adjusted population
counts historically used as the basis for such
determinations); and
(B) an additional amount for Native American
communities that received assistance under the Legal
Services Corporation Act for fiscal year 1995, so that
the proportion of the funds appropriated to the Legal
Services Corporation for basic field programs for
fiscal year 1996 that is received by the Native
American communities shall be not less than the
proportion of such funds appropriated for fiscal year
1995 that was received by the Native American
communities.
(b) As used in this section:
(1) The term ``individual in poverty'' means an individual
who is a member of a family (of 1 or more members) with an
income at or below the poverty line.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved.
Sec. 502. None of the funds appropriated in this Act to the Legal
Services Corporation shall be used by the Corporation to make a grant,
or enter into a contract, for the provision of legal assistance unless
the Corporation ensures that the person or entity receiving funding to
provide such legal assistance is--
(1) a private attorney admitted to practice in a State or
the District of Columbia;
(2) a qualified nonprofit organization, chartered under the
laws of a State or the District of Columbia, that--
(A) furnishes legal assistance to eligible clients;
and
(B) is governed by a board of directors or other
governing body, the majority of which is comprised of
attorneys who--
(i) are admitted to practice in a State or
the District of Columbia; and
(ii) are appointed to terms of office on
such board or body by the governing body of a
State, county, or municipal bar association,
the membership of which represents a majority
of the attorneys practicing law in the locality
in which the organization is to provide legal
assistance;
(3) a State or local government (without regard to section
1006(a)(1)(A)(ii) of the Legal Services Corporation Act (42
U.S.C. 2996e(a)(1)(A)(ii)); or
(4) a substate regional planning or coordination agency
that serves a substate area and whose governing board is
controlled by locally elected officials.
Sec. 503. (a)(1) Not later than April 1, 1996, the Legal Services
Corporation shall implement a system of competitive awards of grants
and contracts for all basic field programs, which shall apply to all
such grants and contracts awarded by the Corporation after March 31,
1996, from funds appropriated in this Act.
(2) Any grant or contract awarded before April 1, 1996, by the
Legal Services Corporation to a basic field program for 1996--
(A) shall not be for an amount greater than the amount
required for the period ending March 31, 1996;
(B) shall terminate at the end of such period; and
(C) shall not be renewable except in accordance with the
system implemented under paragraph (1).
(3) The amount of grants and contracts awarded before April 1,
1996, by the Legal Services Corporation for basic field programs for
1996 in any geographic area described in section 501 shall not exceed
an amount equal to \3/12\ of the total amount to be distributed for
such programs for 1996 in such area.
(b) Not later than 60 days after the date of enactment of this Act,
the Legal Services Corporation shall promulgate regulations to
implement a competitive selection process for the recipients of such
grants and contracts.
(c) Such regulations shall specify selection criteria for the
recipients, which shall include--
(1) a demonstration of a full understanding of the basic
legal needs of the eligible clients to be served and a
demonstration of the capability of serving the needs;
(2) the quality, feasibility, and cost effectiveness of a
plan submitted by an applicant for the delivery of legal
assistance to the eligible clients to be served; and
(3) the experience of the Legal Services Corporation with
the applicant, if the applicant has previously received
financial assistance from the Corporation, including the record
of the applicant of past compliance with Corporation policies,
practices, and restrictions.
(d) Such regulations shall ensure that timely notice regarding an
opportunity to submit an application for such an award is published in
periodicals of local and State bar associations and in at least 1 daily
newspaper of general circulation in the area to be served by the person
or entity receiving the award.
(e) No person or entity that was previously awarded a grant or
contract by the Legal Services Corporation for the provision of legal
assistance may be given any preference in the competitive selection
process.
(f) For the purposes of the funding provided in this Act, rights
under sections 1007(a)(9) and 1011 of the Legal Services Corporation
Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C. 2996j) shall not apply.
Sec. 504. (a) None of the funds appropriated in this Act to the
Legal Services Corporation may be used to provide financial assistance
to any person or entity (which may be referred to in this section as a
``recipient'')--
(1) that makes available any funds, personnel, or equipment
for use in advocating or opposing any plan or proposal, or
represents any party or participates in any other way in
litigation, that is intended to or has the effect of altering,
revising, or reapportioning a legislative, judicial, or
elective district at any level of government, including
influencing the timing or manner of the taking of a census;
(2) that attempts to influence the issuance, amendment, or
revocation of any executive order, regulation, or other
statement of general applicability and future effect by any
Federal, State, or local agency;
(3) that attempts to influence any part of any adjudicatory
proceeding of any Federal, State, or local agency if such part
of the proceeding is designed for the formulation or
modification of any agency policy of general applicability and
future effect;
(4) that attempts to influence the passage or defeat of any
legislation, constitutional amendment, referendum, initiative,
or any similar procedure of the Congress or a State or local
legislative body;
(5) that attempts to influence the conduct of oversight
proceedings of the Corporation or any person or entity
receiving financial assistance provided by the Corporation;
(6) that pays for any personal service, advertisement,
telegram, telephone communication, letter, printed or written
matter, administrative expense, or related expense, associated
with an activity prohibited in this section;
(7) that initiates or participates in a class action suit;
(8) that files a complaint or otherwise initiates or
participates in litigation against a defendant, or engages in a
precomplaint settlement negotiation with a prospective
defendant, unless--
(A) each plaintiff has been specifically
identified, by name, in any complaint filed for
purposes of such litigation or prior to the
precomplaint settlement negotiation; and
(B) a statement or statements of facts written in
English and, if necessary, in a language that the
plaintiffs understand, that enumerate the particular
facts known to the plaintiffs on which the complaint is
based, have been signed by the plaintiffs, are kept on
file by the recipient, and are made available to any
Federal department or agency that is auditing or
monitoring the activities of the Corporation or of the
recipient, and to any auditor or monitor receiving
Federal funds to conduct such auditing or monitoring,
including any auditor or monitor of the Corporation:
Provided, That upon establishment of reasonable cause that an
injunction is necessary to prevent probable, serious harm to
such potential plaintiff, a court of competent jurisdiction may
enjoin the disclosure of the identity of any potential
plaintiff pending the outcome of such litigation or
negotiations after notice and an opportunity for a hearing is
provided to potential parties to the litigation or the
negotiations: Provided further, That other parties to the
litigation or negotiation shall have access to the statement of
facts referred to in subparagraph (B) only through the
discovery process after litigation has begun;
(9) unless--
(A) prior to the provision of financial
assistance--
(i) if the person or entity is a nonprofit
organization, the governing board of the person
or entity has set specific priorities in
writing, pursuant to section 1007(a)(2)(C)(i)
of the Legal Services Corporation Act (42
U.S.C. 2996f(a)(2)(C)(i)), of the types of
matters and cases to which the staff of the
nonprofit organization shall devote time and
resources; and
(ii) the staff of such person or entity has
signed a written agreement not to undertake
cases or matters other than in accordance with
the specific priorities set by such governing
board, except in emergency situations defined
by such board and in accordance with the
written procedures of such board for such
situations; and
(B) the staff of such person or entity provides to
the governing board on a quarterly basis, and to the
Corporation on an annual basis, information on all
cases or matters undertaken other than cases or matters
undertaken in accordance with such priorities;
(10) unless--
(A) prior to receiving the financial assistance,
such person or entity agrees to maintain records of
time spent on each case or matter with respect to which
the person or entity is engaged;
(B) any funds, including Interest on Lawyers Trust
Account funds, received from a source other than the
Corporation by the person or entity, and disbursements
of such funds, are accounted for and reported as
receipts and disbursements, respectively, separate and
distinct from Corporation funds; and
(C) the person or entity agrees (notwithstanding
section 1009(d) of the Legal Services Corporation Act
(42 U.S.C. 2996h(d)) to make the records described in
this paragraph available to any Federal department or
agency that is auditing or monitoring the activities of
the Corporation or of the recipient, and to any
independent auditor or monitor receiving Federal funds
to conduct such auditing or monitoring, including any
auditor or monitor of the Corporation;
(11) that provides legal assistance for or on behalf of any
alien, unless the alien is present in the United States and
is--
(A) an alien lawfully admitted for permanent
residence as defined in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20));
(B) an alien who--
(i) is married to a United States citizen
or is a parent or an unmarried child under the
age of 21 years of such a citizen; and
(ii) has filed an application to adjust the
status of the alien to the status of a lawful
permanent resident under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), which
application has not been rejected;
(C) an alien who is lawfully present in the United
States pursuant to an admission under section 207 of
the Immigration and Nationality Act (8 U.S.C. 1157)
(relating to refugee admission) or who has been granted
asylum by the Attorney General under such Act;
(D) an alien who is lawfully present in the United
States as a result of withholding of deportation by the
Attorney General pursuant to section 243(h) of the
Immigration and Nationality Act (8 U.S.C. 1253(h));
(E) an alien to whom section 305 of the Immigration
Reform and Control Act of 1986 (8 U.S.C. 1101 note)
applies, but only to the extent that the legal
assistance provided is the legal assistance described
in such section; or
(F) an alien who is lawfully present in the United
States as a result of being granted conditional entry
to the United States before April 1, 1980, pursuant to
section 203(a)(7) of the Immigration and Nationality
Act (8 U.S.C. 1153(a)(7)), as in effect on March 31,
1980, because of persecution or fear of persecution on
account of race, religion, or political calamity;
(12) that supports or conducts a training program for the
purpose of advocating a particular public policy or encouraging
a political activity, a labor or antilabor activity, a boycott,
picketing, a strike, or a demonstration, including the
dissemination of information about such a policy or activity,
except that this paragraph shall not be construed to prohibit
the provision of training to an attorney or a paralegal to
prepare the attorney or paralegal to provide--
(A) adequate legal assistance to eligible clients;
or
(B) advice to any eligible client as to the legal
rights of the client;
(13) that claims (or whose employee claims), or collects
and retains, attorneys' fees pursuant to any Federal or State
law permitting or requiring the awarding of such fees;
(14) that participates in any litigation with respect to
abortion;
(15) that participates in any litigation on behalf of a
person incarcerated in a Federal, State, or local prison;
(16) that initiates legal representation or participates in
any other way, in litigation, lobbying, or rulemaking,
involving an effort to reform a Federal or State welfare
system, except that this paragraph shall not be construed to
preclude a recipient from representing an individual eligible
client who is seeking specific relief from a welfare agency if
such relief does not involve an effort to amend or otherwise
challenge existing law in effect on the date of the initiation
of the representation;
(17) that defends a person in a proceeding to evict the
person from a public housing project if--
(A) the person has been charged with the illegal
sale or distribution of a controlled substance; and
(B) the eviction proceeding is brought by a public
housing agency because the illegal drug activity of the
person threatens the health or safety of another tenant
residing in the public housing project or employee of
the public housing agency;
(18) unless such person or entity agrees that the person or
entity, and the employees of the person or entity, will not
accept employment resulting from in-person unsolicited advice
to a nonattorney that such nonattorney should obtain counsel or
take legal action, and will not refer such nonattorney to
another person or entity or an employee of the person or
entity, that is receiving financial assistance provided by the
Corporation; or
(19) unless such person or entity enters into a contractual
agreement to be subject to all provisions of Federal law
relating to the proper use of Federal funds, the violation of
which shall render any grant or contractual agreement to
provide funding null and void, and, for such purposes, the
Corporation shall be considered to be a Federal agency and all
funds provided by the Corporation shall be considered to be
Federal funds provided by grant or contract.
(b) Nothing in this section shall be construed to prohibit a
recipient from using funds from a source other than the Legal Services
Corporation for the purpose of contacting, communicating with, or
responding to a request from, a State or local government agency, a
State or local legislative body or committee, or a member thereof,
regarding funding for the recipient, including a pending or proposed
legislative or agency proposal to fund such recipient.
(c) Not later than 30 days after the date of enactment of this Act,
the Legal Services Corporation shall promulgate a suggested list of
priorities that boards of directors may use in setting priorities under
subsection (a)(9).
(d)(1) The Legal Services Corporation shall not accept any non-
Federal funds, and no recipient shall accept funds from any source
other than the Corporation, unless the Corporation or the recipient, as
the case may be, notifies in writing the source of the funds that the
funds may not be expended for any purpose prohibited by the Legal
Services Corporation Act or this title.
(2) Paragraph (1) shall not prevent a recipient from--
(A) receiving Indian tribal funds (including funds from
private nonprofit organizations for the benefit of Indians or
Indian tribes) and expending the tribal funds in accordance
with the specific purposes for which the tribal funds are
provided; or
(B) using funds received from a source other than the Legal
Services Corporation to provide legal assistance to a covered
individual if such funds are used for the specific purposes for
which such funds were received, except that such funds may not
be expended by recipients for any purpose prohibited by this
Act or by the Legal Services Corporation Act.
(e) As used in this section:
(1) The term ``controlled substance'' has the meaning given
the term in section 102 of the Controlled Substances Act (21
U.S.C. 802).
(2) The term ``covered individual'' means any person who--
(A) except as provided in subparagraph (B), meets
the requirements of this Act and the Legal Services
Corporation Act relating to eligibility for legal
assistance; and
(B) may or may not be financially unable to afford
legal assistance.
(3) The term ``public housing project'' has the meaning as
used within, and the term ``public housing agency'' has the
meaning given the term, in section 3 of the United States
Housing Act of 1937 (42 U.S.C. 1437a).
Sec. 505. None of the funds appropriated in this Act to the Legal
Services Corporation or provided by the Corporation to any entity or
person may be used to pay membership dues to any private or nonprofit
organization.
Sec. 506. None of the funds appropriated in this Act to the Legal
Services Corporation may be used by any person or entity receiving
financial assistance from the Corporation to file or pursue a lawsuit
against the Corporation.
Sec. 507. None of the funds appropriated in this Act to the Legal
Services Corporation may be used for any purpose prohibited or contrary
to any of the provisions of authorization legislation for fiscal year
1996 for the Legal Services Corporation that is enacted into law. Upon
the enactment of such Legal Services Corporation reauthorization
legislation, funding provided in this Act shall from that date be
subject to the provisions of that legislation and any provisions in
this Act that are inconsistent with that legislation shall no longer
have effect.
Sec. 508. (a) The requirements of section 504 shall apply to the
activities of a recipient described in section 504, or an employee of
such a recipient, during the provision of legal assistance for a case
or matter, if the recipient or employee begins to provide the legal
assistance on or after the date of enactment of this Act.
(b) If the recipient or employee began to provide legal assistance
for the case or matter prior to the date of enactment of this Act--
(1) each of the requirements of section 504 (other than
paragraphs (7), (11), and (15) of subsection (a) of such
section) shall, beginning on the date of enactment of this Act,
apply to the activities of the recipient or employee during the
provision of legal assistance for the case or matter; and
(2) the requirements of paragraphs (7), (11), and (15) of
section 504(a) shall apply--
(A) beginning on the date of enactment of this Act,
to the activities of the recipient or employee during
the provision of legal assistance for any additional
related claim for which the recipient or employee
begins to provide legal assistance on or after such
date; and
(B) beginning July 1, 1996, to all other activities
of the recipient or employee during the provision of
legal assistance for the case or matter.
(c) The Legal Services Corporation shall, every 60 days, submit to
the Committees on Appropriations of the Senate and House of
Representatives a report setting forth the status of cases and matters
referred to in subsection (b)(2).
Sec. 509. (a) An audit of each person or entity receiving financial
assistance from the Legal Services Corporation under this Act (referred
to in this section as a ``recipient'') shall be conducted in accordance
with generally accepted government auditing standards and shall report
whether--
(1) the financial statements of the recipient present
fairly its financial position and the results of its financial
operations in accordance with generally accepted accounting
principles;
(2) the recipient has internal control systems to provide
reasonable assurance that it is managing funds, regardless of
source, in compliance with Federal laws and regulations; and
(3) the recipient has complied with Federal laws and
regulations applicable to funds received, regardless of source.
(b) In carrying out the requirements of subsection (a)(3), the
auditor shall select and test a representative number of transactions.
Any noncompliance found by the auditor during the audit under this
section shall be reported within 30 days to the Office of the Inspector
General.
(c) Audits conducted in accordance with this section shall be in
lieu of the financial audits otherwise required by section 1009(c) of
the Legal Services Corporation Act (42 U.S.C. 2996h(c)).
(d) Notwithstanding section 1006(b)(3) of the Legal Services
Corporation Act (42 U.S.C. 2996e(b)(3)), the Legal Services Corporation
shall have access to financial records, time records, retainer
agreements, client trust fund and eligibility records, and client
names, for each recipient, except for reports or records subject to the
attorney-client privilege.
(e) The Legal Services Corporation shall not disclose any name or
document referred to in subsection (d), except to--
(1) a Federal, State, or local law enforcement official; or
(2) an official of an appropriate bar association for the
purpose of enabling the official to conduct an investigation of
a rule of professional conduct.
(f) The requirements of this section shall apply to a recipient for
its first fiscal year beginning on or after January 1, 1996.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, as amended, $1,190,000.
Martin Luther King, Jr. Federal Holiday Commission
salaries and expenses
For necessary expenses of the Martin Luther King, Jr. Federal
Holiday Commission, as authorized by Public Law 98-399, as amended,
$350,000: Provided, That this shall be the final Federal payment to the
Martin Luther King, Jr. Federal Holiday Commission for operations and
necessary closing costs.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,000 for official reception and
representation expenses, $287,738,000, of which $3,000,000 is for the
Office of Economic Analysis, to be headed by the Chief Economist of the
Commission, and of which not to exceed $10,000 may be used toward
funding a permanent secretariat for the International Organization of
Securities Commissions, and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials,
members of their delegations, appropriate representatives and staff to
exchange views concerning developments relating to securities matters,
development and implementation of cooperation agreements concerning
securities matters and provision of technical assistance for the
development of foreign securities markets, such expenses to include
necessary logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance at such
consultations and meetings including: (i) such incidental expenses as
meals taken in the course of such attendance, (ii) any travel and
transportation to or from such meetings, and (iii) any other related
lodging or subsistence: Provided, That immediately upon enactment of
this Act, the rate of fees under section 6(b) of the Securities Act of
1933 (15 U.S.C. 77f(b)) shall increase from one-fiftieth of one
percentum to one-twenty-ninth of one percentum, and such increase shall
be deposited as an offsetting collection to this appropriation, to
remain available until expended, to recover costs of services of the
securities registration process: Provided further, That the total
amount appropriated for fiscal year 1996 under this heading shall be
reduced as such fees are deposited to this appropriation so as to
result in a final total fiscal year 1996 appropriation from the General
Fund estimated at not more than $103,445,000: Provided further, That
any such fees collected in excess of $184,293,000 shall remain
available until expended but shall not be available for obligation
until October 1, 1996: Provided further, That $1,000,000 of the funds
appropriated for the Commission shall be available for the enforcement
of the Investment Advisers Act of 1940 in addition to any other
appropriated funds designated by the Commission for enforcement of such
Act.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 103-403, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and
representation expenses, $219,190,000: Provided, That the Administrator
is authorized to charge fees to cover the cost of publications
developed by the Small Business Administration, and certain loan
servicing activities: Provided further, That notwithstanding 31 U.S.C.
3302, revenues received from all such activities shall be credited to
this account, to be available for carrying out these purposes without
further appropriations.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App. 1-11 as amended by Public Law 100-504),
$8,500,000.
business loans program account
For the cost of direct loans, $4,500,000, and for the cost of
guaranteed loans, $156,226,000, as authorized by 15 U.S.C. 631 note, of
which $1,216,000, to be available until expended, shall be for the
Microloan Guarantee Program, and of which $40,510,000 shall remain
available until September 30, 1997: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That during fiscal year 1996, commitments to guarantee loans under
section 503 of the Small Business Investment Act of 1958, as amended,
shall not exceed the amount of financings authorized under section
20(n)(2)(B) of the Small Business Act, as amended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $92,622,000, which may be transferred to
and merged with the appropriations for Salaries and Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of the
Small Business Act, as amended, $34,432,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan program, $71,578,000, which may be transferred to and merged with
the appropriations for Salaries and Expenses.
surety bond guarantees revolving fund
For additional capital for the ``Surety Bond Guarantees Revolving
Fund'', authorized by the Small Business Investment Act, as amended,
$2,530,000, to remain available without fiscal year limitation as
authorized by 15 U.S.C. 631 note.
administrative provision--small business administration
Sec. 510. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by The State Justice Institute Authorization Act of 1992
(Public Law 102-572 (106 Stat. 4515-4516)), $5,000,000 to remain
available until expended: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 605 (a) None of the funds provided under this Act, or provided
under previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year
1996, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds which (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases funds or
personnel by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or employees; (5)
reorganizes offices, programs, or activities; or (6) contracts out or
privatizes any functions or activities presently performed by Federal
employees; unless the Appropriations Committees of both Houses of
Congress are notified fifteen days in advance of such reprogramming of
funds.
(b) None of the funds provided under this Act, or provided under
previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 1996, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress are
notified fifteen days in advance of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may be used
for the construction, repair (other than emergency repair), overhaul,
conversion, or modernization of vessels for the National Oceanic and
Atmospheric Administration in shipyards located outside of the United
States.
Sec. 607. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
Sec. 608. None of the funds made available in this Act may be used
to implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission covering harassment based on
religion, when it is made known to the Federal entity or official to
which such funds are made available that such guidelines do not differ
in any respect from the proposed guidelines published by the Commission
on October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay for any cost
incurred for (1) opening or operating any United States diplomatic or
consular post in the Socialist Republic of Vietnam that was not
operating on July 11, 1995; (2) expanding any United States diplomatic
or consular post in the Socialist Republic of Vietnam that was
operating on July 11, 1995; or (3) increasing the total number of
personnel assigned to United States diplomatic or consular posts in the
Socialist Republic of Vietnam above the levels existing on July 11,
1995, unless the President certifies within 60 days, based upon all
information available to the United States Government that the
Government of the Socialist Republic of Vietnam is fully cooperating
with the United States in the following four areas:
(1) Resolving discrepancy cases, live sightings and field
activities,
(2) Recovering and repatriating American remains,
(3) Accelerating efforts to provide documents that will
help lead to fullest possible accounting of POW/MIA's,
(4) Providing further assistance in implementing trilateral
investigations with Laos.
Sec. 610. None of the funds made available by this Act may be used
for any United Nations undertaking when it is made known to the Federal
official having authority to obligate or expend such funds (1) that the
United Nations undertaking is a peacekeeping mission, (2) that such
undertaking will involve United States Armed Forces under the command
or operational control of a foreign national, and (3) that the
President's military advisors have not submitted to the President a
recommendation that such involvement is in the national security
interests of the United States and the President has not submitted to
the Congress such a recommendation.
Sec. 611. None of the funds made available in this Act shall be
used to provide the following amenities or personal comforts in the
Federal prison system--
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC-17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or
training equipment for boxing, wrestling, judo, karate, or
other martial art, or any bodybuilding or weightlifting
equipment of any sort;
(4) possession of in-cell coffee pots, hot plates, or
heating elements; or
(5) the use or possession of any electric or electronic
musical instrument.
Sec. 612. None of the funds made available in title II for the
National Oceanic and Atmospheric Administration under the heading
``Fleet Modernization, Shipbuilding and Conversion'' may be used to
implement sections 603, 604, and 605 of Public Law 102-567.
Sec. 613. None of the funds made available in this Act may be used
for ``USIA Television Marti Program'' under the Television Broadcasting
to Cuba Act or any other program of United States Government television
broadcasts to Cuba, when it is made known to the Federal official
having authority to obligate or expend such funds that such use would
be inconsistent with the applicable provisions of the March 1995 Office
of Cuba Broadcasting Reinventing Plan of the United States Information
Agency.
Sec. 614. (a)(1) Section 5002 of title 18, United States Code, is
repealed.
(2) The table of sections for chapter 401 of title 18, United
States Code, is amended by striking out the item relating to the
Advisory Corrections Council.
(b) This section shall take effect 30 days after the date of the
enactment of this Act.
Sec. 615. Any costs incurred by a Department or agency funded under
this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total
budgetary resources available to such Department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this provision is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
working capital fund
(rescission)
Of the unobligated balances available under this heading,
$65,000,000 are rescinded.
DEPARTMENT OF STATE
Administration of Foreign Affairs
acquisition and maintenance of buildings abroad
(rescission)
Of the unobligated balances available under this heading,
$60,000,000 are rescinded.
RELATED AGENCIES
United States Information Agency
radio construction
(rescission)
Of the unobligated balances available under this heading,
$7,400,000 are rescinded.
TITLE VIII--PRISON LITIGATION REFORM
SEC. 801. SHORT TITLE.
This title may be cited as the ``Prison Litigation Reform Act of
1995''.
SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.
(a) In General.--Section 3626 of title 18, United States Code, is
amended to read as follows:
``Sec. 3626. Appropriate remedies with respect to prison conditions
``(a) Requirements for Relief.--
``(1) Prospective relief.--(A) Prospective relief in any
civil action with respect to prison conditions shall extend no
further than necessary to correct the violation of the Federal
right of a particular plaintiff or plaintiffs. The court shall
not grant or approve any prospective relief unless the court
finds that such relief is narrowly drawn, extends no further
than necessary to correct the violation of the Federal right,
and is the least intrusive means necessary to correct the
violation of the Federal right. The court shall give
substantial weight to any adverse impact on public safety or
the operation of a criminal justice system caused by the
relief.
``(B) The court shall not order any prospective relief that
requires or permits a government official to exceed his or her
authority under State or local law or otherwise violates State
or local law, unless--
``(i) Federal law permits such relief to be ordered
in violation of State or local law;
``(ii) the relief is necessary to correct the
violation of a Federal right; and
``(iii) no other relief will correct the violation
of the Federal right.
``(C) Nothing in this section shall be construed to
authorize the courts, in exercising their remedial powers, to
order the construction of prisons or the raising of taxes, or
to repeal or detract from otherwise applicable limitations on
the remedial powers of the courts.
``(2) Preliminary injunctive relief.--In any civil action
with respect to prison conditions, to the extent otherwise
authorized by law, the court may enter a temporary restraining
order or an order for preliminary injunctive relief.
Preliminary injunctive relief must be narrowly drawn, extend no
further than necessary to correct the harm the court finds
requires preliminary relief, and be the least intrusive means
necessary to correct that harm. The court shall give
substantial weight to any adverse impact on public safety or
the operation of a criminal justice system caused by the
preliminary relief and shall respect the principles of comity
set out in paragraph (1)(B) in tailoring any preliminary
relief. Preliminary injunctive relief shall automatically
expire on the date that is 90 days after its entry, unless the
court makes the findings required under subsection (a)(1) for
the entry of prospective relief and makes the order final
before the expiration of the 90-day period.
``(3) Prisoner release order.--(A) In any civil action with
respect to prison conditions, no prisoner release order shall
be entered unless--
``(i) a court has previously entered an order for
less intrusive relief that has failed to remedy the
deprivation of the Federal right sought to be remedied
through the prisoner release order; and
``(ii) the defendant has had a reasonable amount of
time to comply with the previous court orders.
``(B) In any civil action in Federal court with respect to
prison conditions, a prisoner release order shall be entered
only by a three-judge court in accordance with section 2284 of
title 28, if the requirements of subparagraph (E) have been
met.
``(C) A party seeking a prisoner release order in Federal
court shall file with any request for such relief, a request
for a three-judge court and materials sufficient to demonstrate
that the requirements of subparagraph (A) have been met.
``(D) If the requirements under subparagraph (A) have been
met, a Federal judge before whom a civil action with respect to
prison conditions is pending who believes that a prison release
order should be considered may sua sponte request the convening
of a three-judge court to determine whether a prisoner release
order should be entered.
``(E) The three-judge court shall enter a prisoner release
order only if the court finds by clear and convincing evidence
that--
``(i) crowding is the primary cause of the
violation of a Federal right; and
``(ii) no other relief will remedy the violation of
the Federal right.
``(F) Any State or local official or unit of government
whose jurisdiction or function includes the appropriation of
funds for the construction, operation, or maintenance of
program facilities, or the prosecution or custody of persons
who may be released from, or not admitted to, a prison as a
result of a prisoner release order shall have standing to
oppose the imposition or continuation in effect of such relief
and to seek termination of such relief, and shall have the
right to intervene in any proceeding relating to such relief.
``(b) Termination of Relief.--
``(1) Termination of prospective relief.--(A) In any civil
action with respect to prison conditions in which prospective
relief is ordered, such relief shall be terminable upon the
motion of any party or intervener--
``(i) 2 years after the date the court granted or
approved the prospective relief;
``(ii) 1 year after the date the court has entered
an order denying termination of prospective relief
under this paragraph; or
``(iii) in the case of an order issued on or before
the date of enactment of the Prison Litigation Reform
Act, 2 years after such date of enactment.
``(B) Nothing in this section shall prevent the parties
from agreeing to terminate or modify relief before the relief
is terminated under subparagraph (A).
``(2) Immediate termination of prospective relief.--In any
civil action with respect to prison conditions, a defendant or
intervener shall be entitled to the immediate termination of
any prospective relief if the relief was approved or granted in
the absence of a finding by the court that the relief is
narrowly drawn, extends no further than necessary to correct
the violation of the Federal right, and is the least intrusive
means necessary to correct the violation of the Federal right.
``(3) Limitation.--Prospective relief shall not terminate
if the court makes written findings based on the record that
prospective relief remains necessary to correct a current or
ongoing violation of the Federal right, extends no further than
necessary to correct the violation of the Federal right, and
that the prospective relief is narrowly drawn and the least
intrusive means to correct the violation.
``(4) Termination or modification of relief.--Nothing in
this section shall prevent any party or intervener from seeking
modification or termination before the relief is terminable
under paragraph (1) or (2), to the extent that modification or
termination would otherwise be legally permissible.
``(c) Settlements.--
``(1) Consent decrees.--In any civil action with respect to
prison conditions, the court shall not enter or approve a
consent decree unless it complies with the limitations on
relief set forth in subsection (a).
``(2) Private settlement agreements.--(A) Nothing in this
section shall preclude parties from entering into a private
settlement agreement that does not comply with the limitations
on relief set forth in subsection (a), if the terms of that
agreement are not subject to court enforcement other than the
reinstatement of the civil proceeding that the agreement
settled.
``(B) Nothing in this section shall preclude any party
claiming that a private settlement agreement has been breached
from seeking in State court any remedy available under State
law.
``(d) State Law Remedies.--The limitations on remedies in this
section shall not apply to relief entered by a State court based solely
upon claims arising under State law.
``(e) Procedure for Motions Affecting Prospective Relief.--
``(1) Generally.--The court shall promptly rule on any
motion to modify or terminate prospective relief in a civil
action with respect to prison conditions.
``(2) Automatic stay.--Any prospective relief subject to a
pending motion shall be automatically stayed during the
period--
``(A)(i) beginning on the 30th day after such
motion is filed, in the case of a motion made under
paragraph (1) or (2) of subsection (b); or
``(ii) beginning on the 180th day after such motion
is filed, in the case of a motion made under any other
law; and
``(B) ending on the date the court enters a final
order ruling on the motion.
``(f) Special Masters.--
``(1) In general.--(A) In any civil action in a Federal
court with respect to prison conditions, the court may appoint
a special master who shall be disinterested and objective and
who will give due regard to the public safety, to conduct
hearings on the record and prepare proposed findings of fact.
``(B) The court shall appoint a special master under this
subsection during the remedial phase of the action only upon a
finding that the remedial phase will be sufficiently complex to
warrant the appointment.
``(2) Appointment.--(A) If the court determines that the
appointment of a special master is necessary, the court shall
request that the defendant institution and the plaintiff each
submit a list of not more than 5 persons to serve as a special
master.
``(B) Each party shall have the opportunity to remove up to
3 persons from the opposing party's list.
``(C) The court shall select the master from the persons
remaining on the list after the operation of subparagraph (B).
``(3) Interlocutory appeal.--Any party shall have the right
to an interlocutory appeal of the judge's selection of the
special master under this subsection, on the ground of
partiality.
``(4) Compensation.--The compensation to be allowed to a
special master under this section shall be based on an hourly
rate not greater than the hourly rate established under section
3006A for payment of court-appointed counsel, plus costs
reasonably incurred by the special master. Such compensation
and costs shall be paid with funds appropriated to the
Judiciary.
``(5) Regular review of appointment.--In any civil action
with respect to prison conditions in which a special master is
appointed under this subsection, the court shall review the
appointment of the special master every 6 months to determine
whether the services of the special master continue to be
required under paragraph (1). In no event shall the appointment
of a special master extend beyond the termination of the
relief.
``(6) Limitations on powers and duties.--A special master
appointed under this subsection--
``(A) may be authorized by a court to conduct
hearings and prepare proposed findings of fact, which
shall be made on the record;
``(B) shall not make any findings or communications
ex parte;
``(C) may be authorized by a court to assist in the
development of remedial plans; and
``(D) may be removed at any time, but shall be
relieved of the appointment upon the termination of
relief.
``(g) Definitions.--As used in this section--
``(1) the term `consent decree' means any relief entered by
the court that is based in whole or in part upon the consent or
acquiescence of the parties but does not include private
settlements;
``(2) the term `civil action with respect to prison
conditions' means any civil proceeding arising under Federal
law with respect to the conditions of confinement or the
effects of actions by government officials on the lives of
persons confined in prison, but does not include habeas corpus
proceedings challenging the fact or duration of confinement in
prison;
``(3) the term `prisoner' means any person subject to
incarceration, detention, or admission to any facility who is
accused of, convicted of, sentenced for, or adjudicated
delinquent for, violations of criminal law or the terms and
conditions of parole, probation, pretrial release, or
diversionary program;
``(4) the term `prisoner release order' includes any order,
including a temporary restraining order or preliminary
injunctive relief, that has the purpose or effect of reducing
or limiting the prison population, or that directs the release
from or nonadmission of prisoners to a prison;
``(5) the term `prison' means any Federal, State, or local
facility that incarcerates or detains juveniles or adults
accused of, convicted of, sentenced for, or adjudicated
delinquent for, violations of criminal law;
``(6) the term `private settlement agreement' means an
agreement entered into among the parties that is not subject to
judicial enforcement other than the reinstatement of the civil
proceeding that the agreement settled;
``(7) the term `prospective relief' means all relief other
than compensatory monetary damages;
``(8) the term `special master' means any person appointed
by a Federal court pursuant to Rule 53 of the Federal Rules of
Civil Procedure or pursuant to any inherent power of the court
to exercise the powers of a master, regardless of the title or
description given by the court; and
``(9) the term `relief' means all relief in any form that
may be granted or approved by the court, and includes consent
decrees but does not include private settlement agreements.''.
(b) Application of Amendment.--
(1) In general.--Section 3626 of title 18, United States
Code, as amended by this section, shall apply with respect to
all prospective relief whether such relief was originally
granted or approved before, on, or after the date of the
enactment of this title.
(2) Technical amendment.--Subsections (b) and (d) of
section 20409 of the Violent Crime Control and Law Enforcement
Act of 1994 are repealed.
(c) Clerical Amendment.--The table of sections at the beginning of
subchapter C of chapter 229 of title 18, United States Code, is amended
to read as follows:
``3626. Appropriate remedies with respect to prison conditions.''.
SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT.
(a) Initiation of Civil Actions.--Section 3(c) of the Civil Rights
of Institutionalized Persons Act (42 U.S.C. 1997a(c)) (referred to in
this section as the ``Act'') is amended to read as follows:
``(c) The Attorney General shall personally sign any complaint
filed pursuant to this section.''.
(b) Certification Requirements.--Section 4 of the Act (42 U.S.C.
1997b) is amended--
(1) in subsection (a)--
(A) by striking ``he'' each place it appears and
inserting ``the Attorney General''; and
(B) by striking ``his'' and inserting ``the
Attorney General's''; and
(2) by amending subsection (b) to read as follows:
``(b) The Attorney General shall personally sign any certification
made pursuant to this section.''.
(c) Intervention in Actions.--Section 5 of the Act (42 U.S.C.
1997c) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``he'' each place
it appears and inserting ``the Attorney General''; and
(B) by amending paragraph (2) to read as follows:
``(2) The Attorney General shall personally sign any certification
made pursuant to this section.''; and
(2) by amending subsection (c) to read as follows:
``(c) The Attorney General shall personally sign any motion to
intervene made pursuant to this section.''.
(d) Suits by Prisoners.--Section 7 of the Act (42 U.S.C. 1997e) is
amended to read as follows:
``SEC. 7. SUITS BY PRISONERS.
``(a) Applicability of Administrative Remedies.--No action shall be
brought with respect to prison conditions under section 1979 of the
Revised Statutes of the United States (42 U.S.C. 1983), or any other
Federal law, by a prisoner confined in any jail, prison, or other
correctional facility until such administrative remedies as are
available are exhausted.
``(b) Failure of State To Adopt or Adhere to Administrative
Grievance Procedure.--The failure of a State to adopt or adhere to an
administrative grievance procedure shall not constitute the basis for
an action under section 3 or 5 of this Act.
``(c) Dismissal.--(1) The court shall on its own motion or on the
motion of a party dismiss any action brought with respect to prison
conditions under section 1979 of the Revised Statutes of the United
States (42 U.S.C. 1983), or any other Federal law, by a prisoner
confined in any jail, prison, or other correctional facility if the
court is satisfied that the action is frivolous, malicious, fails to
state a claim upon which relief can be granted, or seeks monetary
relief from a defendant who is immune from such relief.
``(2) In the event that a claim is, on its face, frivolous,
malicious, fails to state a claim upon which relief can be granted, or
seeks monetary relief from a defendant who is immune from such relief,
the court may dismiss the underlying claim without first requiring the
exhaustion of administrative remedies.
``(d) Attorney's Fees.--(1) In any action brought by a prisoner who
is confined to any jail, prison, or other correctional facility, in
which attorney's fees are authorized under section 2 of the Revised
Statutes of the United States (42 U.S.C. 1988), such fees shall not be
awarded, except to the extent that--
``(A) the fee was directly and reasonably incurred in
proving an actual violation of the plaintiff's rights protected
by a statute pursuant to which a fee may be awarded under
section 2 of the Revised Statutes; and
``(B)(i) the amount of the fee is proportionately related
to the court ordered relief for the violation; or
``(ii) the fee was directly and reasonably incurred in
enforcing the relief ordered for the violation.
``(2) Whenever a monetary judgment is awarded in an action
described in paragraph (1), a portion of the judgment (not to exceed 25
percent) shall be applied to satisfy the amount of attorney's fees
awarded against the defendant. If the award of attorney's fees is not
greater than 150 percent of the judgment, the excess shall be paid by
the defendant.
``(3) No award of attorney's fees in an action described in
paragraph (1) shall be based on an hourly rate greater than 150 percent
of the hourly rate established under section 3006A of title 18, United
States Code, for payment of court-appointed counsel.
``(4) Nothing in this subsection shall prohibit a prisoner from
entering into an agreement to pay an attorney's fee in an amount
greater than the amount authorized under this subsection, if the fee is
paid by the individual rather than by the defendant pursuant to section
2 of the Revised Statutes of the United States (42 U.S.C. 1988).
``(e) Limitation on Recovery.--No Federal civil action may be
brought by a prisoner confined in a jail, prison, or other correctional
facility, for mental or emotional injury suffered while in custody
without a prior showing of physical injury.
``(f) Hearings.--(1) To the extent practicable, in any action
brought with respect to prison conditions in Federal court pursuant to
section 1979 of the Revised Statutes of the United States (42 U.S.C.
1983), or any other Federal law, by a prisoner confined in any jail,
prison, or other correctional facility, pretrial proceedings in which
the prisoner's participation is required or permitted shall be
conducted by telephone, video conference, or other telecommunications
technology without removing the prisoner from the facility in which the
prisoner is confined.
``(2) Subject to the agreement of the official of the Federal,
State, or local unit of government with custody over the prisoner,
hearings may be conducted at the facility in which the prisoner is
confined. To the extent practicable, the court shall allow counsel to
participate by telephone, video conference, or other communications
technology in any hearing held at the facility.
``(g) Waiver of Reply.--(1) Any defendant may waive the right to
reply to any action brought by a prisoner confined in any jail, prison,
or other correctional facility under section 1979 of the Revised
Statutes of the United States (42 U.S.C. 1983) or any other Federal
law. Notwithstanding any other law or rule of procedure, such waiver
shall not constitute an admission of the allegations contained in the
complaint. No relief shall be granted to the plaintiff unless a reply
has been filed.
``(2) The court may require any defendant to reply to a complaint
brought under this section if it finds that the plaintiff has a
reasonable opportunity to prevail on the merits.
``(h) Definition.--As used in this section, the term `prisoner'
means any person incarcerated or detained in any facility who is
accused of, convicted of, sentenced for, or adjudicated delinquent for,
violations of criminal law or the terms and conditions of parole,
probation, pretrial release, or diversionary program.''.
(e) Report to Congress.--Section 8 of the Act (42 U.S.C. 1997f) is
amended by striking ``his report'' and inserting ``the report''.
(f) Notice to Federal Departments.--Section 10 of the Act (42
U.S.C. 1997h) is amended--
(1) by striking ``his action'' and inserting ``the
action''; and
(2) by striking ``he is satisfied'' and inserting ``the
Attorney General is satisfied''.
SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.
(a) Filing Fees.--Section 1915 of title 28, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``(a) Any'' and inserting ``(a)(1)
Subject to subsection (b), any'';
(B) by striking ``and costs'';
(C) by striking ``makes affidavit'' and inserting
``submits an affidavit that includes a statement of all
assets such prisoner possesses'';
(D) by striking ``such costs'' and inserting ``such
fees'';
(E) by striking ``he'' each place it appears and
inserting ``the person'';
(F) by adding immediately after paragraph
(1), the following new paragraph:
``(2) A prisoner seeking to bring a civil action or appeal a
judgment in a civil action or proceeding without prepayment of fees or
security therefor, in addition to filing the affidavit filed under
paragraph (1), shall submit a certified copy of the trust fund account
statement (or institutional equivalent) for the prisoner for the 6-
month period immediately preceding the filing of the complaint or
notice of appeal, obtained from the appropriate official of each prison
at which the prisoner is or was confined.''; and
(G) by striking ``An appeal'' and inserting ``(3)
An appeal'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively;
(3) by inserting after subsection (a) the following new
subsection:
``(b)(1) Notwithstanding subsection (a), if a prisoner brings a
civil action or files an appeal in forma pauperis, the prisoner shall
be required to pay the full amount of a filing fee. The court shall
assess and, when funds exist, collect, as a partial payment of any
court fees required by law, an initial partial filing fee of 20 percent
of the greater of--
``(A) the average monthly deposits to the prisoner's
account; or
``(B) the average monthly balance in the prisoner's account
for the 6-month period immediately preceding the filing of the
complaint or notice of appeal.
``(2) After payment of the initial partial filing fee, the prisoner
shall be required to make monthly payments of 20 percent of the
preceding month's income credited to the prisoner's account. The agency
having custody of the prisoner shall forward payments from the
prisoner's account to the clerk of the court each time the amount in
the account exceeds $10 until the filing fees are paid.
``(3) In no event shall the filing fee collected exceed the amount
of fees permitted by statute for the commencement of a civil action or
an appeal of a civil action or criminal judgment.
``(4) In no event shall a prisoner be prohibited from bringing a
civil action or appealing a civil or criminal judgment for the reason
that the prisoner has no assets and no means by which to pay the
initial partial filing fee.'';
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``subsection (a) of this section'' and inserting
``subsections (a) and (b) and the prepayment of any partial
filing fee as may be required under subsection (b)''; and
(5) by amending subsection (e), as redesignated by
paragraph (2), to read as follows:
``(e)(1) The court may request an attorney to represent any person
unable to afford counsel.
``(2) Notwithstanding any filing fee, or any portion thereof, that
may have been paid, the court shall dismiss the case at any time if the
court determines that--
``(A) the allegation of poverty is untrue; or
``(B) the action or appeal--
``(i) is frivolous or malicious;
``(ii) fails to state a claim on which relief may
be granted; or
``(iii) seeks monetary relief against a defendant
who is immune from such relief.''.
(b) Exception to Discharge of Debt in Bankruptcy Proceeding.--
Section 523(a) of title 11, United States Code, is amended--
(1) in paragraph (16), by striking the period at the end
and inserting ``; or''; and
(2) by adding at the end the following new paragraph:
``(17) for a fee imposed by a court for the filing of a
case, motion, complaint, or appeal, or for other costs and
expenses assessed with respect to such filing, regardless of an
assertion of poverty by the debtor under section 1915 (b) or
(f) of title 28, or the debtor's status as a prisoner, as
defined in section 1915(h) of title 28.''.
(c) Costs.--Section 1915(f) of title 28, United States Code (as
redesignated by subsection (a)(2)), is amended--
(1) by striking ``(f) Judgment'' and inserting ``(f)(1)
Judgment'';
(2) by striking ``cases'' and inserting ``proceedings'';
and
(3) by adding at the end the following new paragraph:
``(2)(A) If the judgment against a prisoner includes the payment of
costs under this subsection, the prisoner shall be required to pay the
full amount of the costs ordered.
``(B) The prisoner shall be required to make payments for costs
under this subsection in the same manner as is provided for filing fees
under subsection (a)(2).
``(C) In no event shall the costs collected exceed the amount of
the costs ordered by the court.''.
(d) Successive Claims.--Section 1915 of title 28, United States
Code, is amended by adding at the end the following new subsection:
``(g) In no event shall a prisoner bring a civil action or appeal a
judgment in a civil action or proceeding under this section if the
prisoner has, on 3 or more prior occasions, while incarcerated or
detained in any facility, brought an action or appeal in a court of the
United States that was dismissed on the grounds that it is frivolous,
malicious, or fails to state a claim upon which relief may be granted,
unless the prisoner is under imminent danger of serious physical
injury.''.
(e) Definition.--Section 1915 of title 28, United States Code, is
amended by adding at the end the following new subsection:
``(h) As used in this section, the term `prisoner' means any person
incarcerated or detained in any facility who is accused of, convicted
of, sentenced for, or adjudicated delinquent for, violations of
criminal law or the terms and conditions of parole, probation, pretrial
release, or diversionary program.''.
SEC. 805. JUDICIAL SCREENING.
(a) In General.--Chapter 123 of title 28, United States Code, is
amended by inserting after section 1915 the following new section:
``Sec. 1915A. Screening
``(a) Screening.--The court shall review, before docketing, if
feasible or, in any event, as soon as practicable after docketing, a
complaint in a civil action in which a prisoner seeks redress from a
governmental entity or officer or employee of a governmental entity.
``(b) Grounds for Dismissal.--On review, the court shall identify
cognizable claims or dismiss the complaint, or any portion of the
complaint, if the complaint--
``(1) is frivolous, malicious, or fails to state a claim
upon which relief may be granted; or
``(2) seeks monetary relief from a defendant who is immune
from such relief.
``(c) Definition.--As used in this section, the term `prisoner'
means any person incarcerated or detained in any facility who is
accused of, convicted of, sentenced for, or adjudicated delinquent for,
violations of criminal law or the terms and conditions of parole,
probation, pretrial release, or diversionary program.''.
(b) Technical Amendment.--The analysis for chapter 123 of title 28,
United States Code, is amended by inserting after the item relating to
section 1915 the following new item:
``1915A. Screening.''.
SEC. 806. FEDERAL TORT CLAIMS.
Section 1346(b) of title 28, United States Code, is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following:
``(2) No person convicted of a felony who is incarcerated while
awaiting sentencing or while serving a sentence may bring a civil
action against the United States or an agency, officer, or employee of
the Government, for mental or emotional injury suffered while in
custody without a prior showing of physical injury.''.
SEC. 807. PAYMENT OF DAMAGE AWARD IN SATISFACTION OF PENDING
RESTITUTION ORDERS.
Any compensatory damages awarded to a prisoner in connection with a
civil action brought against any Federal, State, or local jail, prison,
or correctional facility or against any official or agent of such jail,
prison, or correctional facility, shall be paid directly to satisfy any
outstanding restitution orders pending against the prisoner. The
remainder of any such award after full payment of all pending
restitution orders shall be forwarded to the prisoner.
SEC. 808. NOTICE TO CRIME VICTIMS OF PENDING DAMAGE AWARD.
Prior to payment of any compensatory damages awarded to a prisoner
in connection with a civil action brought against any Federal, State,
or local jail, prison, or correctional facility or against any official
or agent of such jail, prison, or correctional facility, reasonable
efforts shall be made to notify the victims of the crime for which the
prisoner was convicted and incarcerated concerning the pending payment
of any such compensatory damages.
SEC. 809. EARNED RELEASE CREDIT OR GOOD TIME CREDIT REVOCATION.
(a) In General.--Chapter 123 of title 28, United States Code, is
amended by adding at the end the following new section:
``Sec. 1932. Revocation of earned release credit
``In any civil action brought by an adult convicted of a crime and
confined in a Federal correctional facility, the court may order the
revocation of such earned good time credit under section 3624(b) of
title 18, United States Code, that has not yet vested, if, on its own
motion or the motion of any party, the court finds that--
``(1) the claim was filed for a malicious purpose;
``(2) the claim was filed solely to harass the party
against which it was filed; or
``(3) the claimant testifies falsely or otherwise knowingly
presents false evidence or information to the court.''.
(b) Technical Amendment.--The analysis for chapter 123 of title 28,
United States Code, is amended by inserting after the item relating to
section 1931 the following:
``1932. Revocation of earned release credit.''.
(c) Amendment of Section 3624 of Title 18.--Section 3624(b) of
title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking the first sentence;
(B) in the second sentence--
(i) by striking ``A prisoner'' and
inserting ``Subject to paragraph (2), a
prisoner'';
(ii) by striking ``for a crime of
violence,''; and
(iii) by striking ``such'';
(C) in the third sentence, by striking ``If the
Bureau'' and inserting ``Subject to paragraph (2), if
the Bureau'';
(D) by striking the fourth sentence and inserting
the following: ``In awarding credit under this section,
the Bureau shall consider whether the prisoner, during
the relevant period, has earned, or is making
satisfactory progress toward earning, a high school
diploma or an equivalent degree.''; and
(E) in the sixth sentence, by striking ``Credit for
the last'' and inserting ``Subject to paragraph (2),
credit for the last''; and
(2) by amending paragraph (2) to read as follows:
``(2) Notwithstanding any other law, credit awarded under
this subsection after the date of enactment of the Prison
Litigation Reform Act shall vest on the date the prisoner is
released from custody.''.
SEC. 810. SEVERABILITY.
If any provision of this title, an amendment made by this title, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this
title, the amendments made by this title, and the application of the
provisions of such to any person or circumstance shall not be affected
thereby.
This Act may be cited as the ``Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
1996.''.
(b) Such amounts as may be necessary for programs, projects or
activities provided for in the Department of the Interior and Related
Agencies Appropriations Act, 1996, at a rate of operations and to the
extent and in the manner provided for, the provisions of such Act to be
effective as if it had been enacted into law as the regular
appropriations Act, as follows:
AN ACT
Making appropriations for the Department of the Interior and
related agencies for the fiscal year ending September 30, 1996, and for
other purposes.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $567,152,000, to
remain available until expended, of which $2,000,000 shall be available
for assessment of the mineral potential of public lands in Alaska
pursuant to section 1010 of Public Law 96-487 (16 U.S.C. 3150), and of
which not more than $599,999 shall be available to the Needles
Resources Area for the management of the East Mojave National Scenic
Area, as defined by the Bureau of Land Management prior to October 1,
1994, in the California Desert District of the Bureau of Land
Management, and of which $4,000,000 shall be derived from the special
receipt account established by section 4 of the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-6a(i)):
Provided, That appropriations herein made shall not be available for
the destruction of healthy, unadopted, wild horses and burros in the
care of the Bureau or its contractors; and in addition, $27,650,000 for
Mining Law Administration program operations, to remain available until
expended, to be reduced by amounts collected by the Bureau of Land
Management and credited to this appropriation from annual mining claim
fees so as to result in a final appropriation estimated at not more
than $567,152,000: Provided further, That in addition to funds
otherwise available, and to remain available until expended, not to
exceed $5,000,000 from annual mining claim fees shall be credited to
this account for the costs of administering the mining claim fee
program, and $2,000,000 from communication site rental fees established
by the Bureau.
wildland fire management
For necessary expenses for fire use and management, fire
preparedness, emergency presuppression, suppression operations,
emergency rehabilitation, and renovation or construction of fire
facilities in the Department of the Interior, $235,924,000, to remain
available until expended, of which not to exceed $5,025,000, shall be
available for the renovation or construction of fire facilities:
Provided, That notwithstanding any other provision of law, persons
hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and
lodging without cost from funds available from this appropriation:
Provided further, That such funds are also available for repayment of
advances to other appropriation accounts from which funds were
previously transferred for such purposes: Provided further, That
unobligated balances of amounts previously appropriated to the Fire
Protection and Emergency Department of the Interior Firefighting Fund
may be transferred or merged with this appropriation.
central hazardous materials fund
For expenses necessary for use by the Department of the Interior
and any of its component offices and bureaus for the remedial action,
including associated activities, of hazardous waste substances,
pollutants, or contaminants pursuant to the Comprehensive Environmental
Response, Compensation and Liability Act, as amended (42 U.S.C. 9601 et
seq.), $10,000,000, to remain available until expended: Provided, That,
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party
in advance of or as reimbursement for remedial action or response
activities conducted by the Department pursuant to sections 107 or
113(f) of the Comprehensive Environmental Response, Compensation and
Liability Act, as amended (42 U.S.C. 9607 or 9613(f)), shall be
credited to this account and shall be available without further
appropriation and shall remain available until expended: Provided
further, That such sums recovered from or paid by any party are not
limited to monetary payments and may include stocks, bonds or other
personal or real property, which may be retained, liquidated, or
otherwise disposed of by the Secretary of the Interior and which shall
be credited to this account.
construction and access
For acquisition of lands and interests therein, and construction of
buildings, recreation facilities, roads, trails, and appurtenant
facilities, $3,115,000, to remain available until expended.
payments in lieu of taxes
For expenses necessary to implement the Act of October 20, 1976, as
amended (31 U.S.C. 6901-07), $101,500,000, of which not to exceed
$400,000 shall be available for administrative expenses.
land acquisition
For expenses necessary to carry out the provisions of sections 205,
206, and 318(d) of Public Law 94-579 including administrative expenses
and acquisition of lands or waters, or interests therein, $12,800,000
to be derived from the Land and Water Conservation Fund, to remain
available until expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein including
existing connecting roads on or adjacent to such grant lands;
$93,379,000, to remain available until expended: Provided, That 25 per
centum of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the provisions of the second paragraph of subsection (b) of title
II of the Act of August 28, 1937 (50 Stat. 876).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 per
centum of all moneys received during the prior fiscal year under
sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and
the amount designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$9,113,000, to remain available until expended: Provided, That not to
exceed $600,000 shall be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under sections 209(b), 304(a), 304(b), 305(a), and 504(g) of
the Act approved October 21, 1976 (43 U.S.C. 1701), and sections 101
and 203 of Public Law 93-153, to be immediately available until
expended: Provided, That notwithstanding any provision to the contrary
of section 305(a) of the Act of October 21, 1976 (43 U.S.C. 1735(a)),
any moneys that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act (43
U.S.C. 1735(c)), shall be available and may be expended under the
authority of this or subsequent appropriations Acts by the Secretary to
improve, protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the action of
a resource developer, purchaser, permittee, or any unauthorized person,
without regard to whether all moneys collected from each such
forfeiture, compromise, or settlement are used on the exact lands
damage to which led to the forfeiture, compromise, or settlement:
Provided further, That such moneys are in excess of amounts needed to
repair damage to the exact land for which collected.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
law, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau of
Land Management; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on his certificate, not to exceed $10,000: Provided, That
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly-produced
publications for which the cooperators share the cost of printing
either in cash or in services, and the Bureau determines the cooperator
is capable of meeting accepted quality standards.
United States Fish and Wildlife Service
resource management
For expenses necessary for scientific and economic studies,
conservation, management, investigations, protection, and utilization
of fishery and wildlife resources, except whales, seals, and sea lions,
and for the performance of other authorized functions related to such
resources; for the general administration of the United States Fish and
Wildlife Service; and for maintenance of the herd of long-horned cattle
on the Wichita Mountains Wildlife Refuge; and not less than $1,000,000
for high priority projects within the scope of the approved budget
which shall be carried out by the Youth Conservation Corps as
authorized by the Act of August 13, 1970, as amended by Public Law 93-
408, $497,670,000, to remain available for obligation until September
30, 1997, of which $11,557,000 shall be available until expended for
operation and maintenance of fishery mitigation facilities constructed
by the Corps of Engineers under the Lower Snake River Compensation
Plan, authorized by the Water Resources Development Act of 1976 (90
Stat. 2921), to compensate for loss of fishery resources from water
development projects on the Lower Snake River: Provided, That
unobligated and unexpended balances in the Resource Management account
at the end of fiscal year 1995, shall be merged with and made a part of
the fiscal year 1996 Resource Management appropriation, and shall
remain available for obligation until September 30, 1997: Provided
further, That no monies appropriated under this Act or any other law
shall be used to implement subsections (a), (b), (c), (e), (g), or (i)
of section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533),
until such time as legislation reauthorizing the Act is enacted or
until the end of fiscal year 1996, whichever is earlier, except that
monies appropriated under this Act may be used to delist or reclassify
species pursuant to subsections 4(a)(2)(B), 4(c)(2)(B)(i), and
4(c)(2)(B)(ii) of the Act.
construction
For construction and acquisition of buildings and other facilities
required in the conservation, management, investigation, protection,
and utilization of fishery and wildlife resources, and the acquisition
of lands and interests therein; $37,655,000, to remain available until
expended.
natural resource damage assessment fund
To conduct natural resource damage assessment activities by the
Department of the Interior necessary to carry out the provisions of the
Comprehensive Environmental Response, Compensation, and Liability Act,
as amended (42 U.S.C. 9601, et seq.), Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act of
1990 (Public Law 101-380), and the Act of July 27, 1990 (Public Law
101-337); $4,000,000, to remain available until expended: Provided,
That sums provided by any party in fiscal year 1996 and thereafter are
not limited to monetary payments and may include stocks, bonds or other
personal or real property, which may be retained, liquidated or
otherwise disposed of by the Secretary and such sums or properties
shall be utilized for the restoration of injured resources, and to
conduct new damage assessment activities.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11),
including administrative expenses, and for acquisition of land or
waters, or interest therein, in accordance with statutory authority
applicable to the United States Fish and Wildlife Service, $45,400,000,
to be derived from the Land and Water Conservation Fund, to remain
available until expended.
cooperative endangered species conservation fund
For expenses necessary to carry out the provisions of the
Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as amended by
Public Law 100-478, $8,085,000 for grants to States, to be derived from
the Cooperative Endangered Species Conservation Fund, and to remain
available until expended.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $10,779,000.
rewards and operations
For expenses necessary to carry out the provisions of the African
Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225,
4241-4245, and 1538), $600,000, to remain available until expended.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101-233, $6,750,000, to
remain available until expended.
lahontan valley and pyramid lake fish and wildlife fund
For carrying out section 206(f) of Public Law 101-618, such sums as
have previously been credited or may be credited hereafter to the
Lahontan Valley and Pyramid Lake Fish and Wildlife Fund, to be
available until expended without further appropriation.
rhinoceros and tiger conservation fund
For deposit to the Rhinoceros and Tiger Conservation Fund,
$200,000, to remain available until expended, to be available to carry
out the provisions of the Rhinoceros and Tiger Conservation Act of 1994
(Public Law 103-391).
wildlife conservation and appreciation fund
For deposit to the Wildlife Conservation and Appreciation Fund,
$800,000, to remain available until expended.
administrative provisions
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for purchase of not to exceed 113
passenger motor vehicles; not to exceed $400,000 for payment, at the
discretion of the Secretary, for information, rewards, or evidence
concerning violations of laws administered by the United States Fish
and Wildlife Service, and miscellaneous and emergency expenses of
enforcement activities, authorized or approved by the Secretary and to
be accounted for solely on his certificate; repair of damage to public
roads within and adjacent to reservation areas caused by operations of
the United States Fish and Wildlife Service; options for the purchase
of land at not to exceed $1 for each option; facilities incident to
such public recreational uses on conservation areas as are consistent
with their primary purpose; and the maintenance and improvement of
aquaria, buildings, and other facilities under the jurisdiction of the
United States Fish and Wildlife Service and to which the United States
has title, and which are utilized pursuant to law in connection with
management and investigation of fish and wildlife resources: Provided,
That notwithstanding 44 U.S.C. 501, the Service may, under cooperative
cost sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly-produced
publications for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards: Provided
further, That the United States Fish and Wildlife Service may accept
donated aircraft as replacements for existing aircraft: Provided
further, That notwithstanding any other provision of law, the Secretary
of the Interior may not spend any of the funds appropriated in this Act
for the purchase of lands or interests in lands to be used in the
establishment of any new unit of the National Wildlife Refuge System
unless the purchase is approved in advance by the House and Senate
Committees on Appropriations in compliance with the reprogramming
procedures contained in House Report 103-551: Provided further, That
none of the funds made available in this Act may be used by the U. S.
Fish and Wildlife Service to impede or delay the issuance of a wetlands
permit by the U. S. Army Corps of Engineers to the City of Lake
Jackson, Texas, for the development of a public golf course west of
Buffalo Camp Bayou between the Brazos River and Highway 332: Provided
further, That the Director of the Fish and Wildlife Service may charge
reasonable fees for expenses to the Federal Government for providing
training by the National Education and Training Center: Provided
further, That all training fees collected shall be available to the
Director, until expended, without further appropriation, to be used for
the costs of training and education provided by the National Education
and Training Center: Provided further, That with respect to lands
leased for farming pursuant to Public Law 88-567, if for any reason the
Secretary disapproves for use in 1996 or does not finally approve for
use in 1996 any pesticide or chemical which was approved for use in
1995 or had been requested for use in 1996 by the submission of a
pesticide use proposal as of September 19, 1995, none of the funds in
this Act may be used to develop, implement, or enforce regulations or
policies (including pesticide use proposals) related to the use of
chemicals and pest management that are more restrictive than the
requirements of applicable State and Federal laws related to the use of
chemicals and pest management practices on non-Federal lands.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administration
of the National Park Service, including not to exceed $1,593,000 for
the Volunteers-in-Parks program, and not less than $1,000,000 for high
priority projects within the scope of the approved budget which shall
be carried out by the Youth Conservation Corps as authorized by the Act
of August 13, 1970, as amended by Public Law 93-408, $1,086,014,000,
without regard to the Act of August 24, 1912, as amended (16 U.S.C.
451), of which not to exceed $72,000,000, to remain available until
expended is to be derived from the special fee account established
pursuant to title V, section 5201, of Public Law 100-203, and of which
not more than $500,000 shall be available for development of the
National Park Service's management plan for the Mojave National
Preserve: Provided, That these funds shall be strictly limited to the
development activities for the Preserve's management plan.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, environmental compliance and review,
international park affairs, statutory or contractual aid for other
activities, and grant administration, not otherwise provided for,
$37,649,000: Provided, That $236,000 of the funds provided herein are
for the William O. Douglas Outdoor Education Center, subject to
authorization.
historic preservation fund
For expenses necessary in carrying out the provisions of the
Historic Preservation Act of 1966 (80 Stat. 915), as amended (16 U.S.C.
470), $36,212,000, to be derived from the Historic Preservation Fund,
established by section 108 of that Act, as amended, to remain available
for obligation until September 30, 1997.
construction
For construction, improvements, repair or replacement of physical
facilities, $143,225,000, to remain available until expended: Provided,
That not to exceed $4,500,000 of the funds provided herein shall be
paid to the Army Corps of Engineers for modifications authorized by
section 104 of the Everglades National Park Protection and Expansion
Act of 1989: Provided further, That funds provided under this head,
derived from the Historic Preservation Fund, established by the
Historic Preservation Act of 1966 (80 Stat. 915), as amended (16 U.S.C.
470), may be available until expended to render sites safe for visitors
and for building stabilization.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 1996 by 16 U.S.C.
460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11),
including administrative expenses, and for acquisition of lands or
waters, or interest therein, in accordance with statutory authority
applicable to the National Park Service, $57,600,000, to be derived
from the Land and Water Conservation Fund, to remain available until
expended, and of which $1,500,000 is to administer the State assistance
program: Provided, That any funds made available for the purpose of
acquisition of the Elwha and Glines dams shall be used solely for
acquisition, and shall not be expended until the full purchase amount
has been appropriated by the Congress.
administrative provisions
Appropriations for the National Park Service shall be available for
the purchase of not to exceed 518 passenger motor vehicles, of which
323 shall be for replacement only, including not to exceed 411 for
police-type use, 12 buses, and 5 ambulances: Provided, That none of the
funds appropriated to the National Park Service may be used to process
any grant or contract documents which do not include the text of 18
U.S.C. 1913: Provided further, That none of the funds appropriated to
the National Park Service may be used to implement an agreement for the
redevelopment of the southern end of Ellis Island until such agreement
has been submitted to the Congress and shall not be implemented prior
to the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment of
more than three calendar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the President of the Senate
of a full and comprehensive report on the development of the southern
end of Ellis Island, including the facts and circumstances relied upon
in support of the proposed project.
None of the funds in this Act may be spent by the National Park
Service for activities taken in direct response to the United Nations
Biodiversity Convention.
The National Park Service may enter into cooperative agreements
that involve the transfer of National Park Service appropriated funds
to State, local and tribal governments, other public entities,
educational institutions, and private nonprofit organizations for the
public purpose of carrying out National Park Service programs.
The National Park Service shall, within existing funds, conduct a
Feasibility Study for a northern access route into Denali National Park
and Preserve in Alaska, to be completed within one year of the
enactment of this Act and submitted to the House and Senate Committees
on Appropriations and to the Senate Committee on Energy and Natural
Resources and the House Committee on Resources. The Feasibility Study
shall ensure that resource impacts from any plan to create such access
route are evaluated with accurate information and according to a
process that takes into consideration park values, visitor needs, a
full range of alternatives, the viewpoints of all interested parties,
including the tourism industry and the State of Alaska, and potential
needs for compliance with the National Environmental Policy Act. The
Study shall also address the time required for development of
alternatives and identify all associated costs.
This Feasibility Study shall be conducted solely by the National
Park Service planning personnel permanently assigned to National Park
Service offices located in the State of Alaska in consultation with the
State of Alaska Department of Transportation.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, and the mineral and water resources of the United
States, its Territories and possessions, and other areas as authorized
by law (43 U.S.C. 31, 1332 and 1340); classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); and
publish and disseminate data relative to the foregoing activities; and
to conduct inquiries into the economic conditions affecting mining and
materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C.
98g(1)) and related purposes as authorized by law and to publish and
disseminate data; $729,995,000, of which $62,130,000 shall be available
for cooperation with States or municipalities for water resources
investigations, and of which $137,000,000 for resource research and the
operations of Cooperative Research Units shall remain available until
September 30, 1997, and of which $16,000,000 shall remain available
until expended for conducting inquiries into the economic conditions
affecting mining and materials processing industries: Provided, That no
part of this appropriation shall be used to pay more than one-half the
cost of any topographic mapping or water resources investigations
carried on in cooperation with any State or municipality: Provided
further, That funds available herein for resource research may be used
for the purchase of not to exceed 61 passenger motor vehicles, of which
55 are for replacement only: Provided further, That none of the funds
available under this head for resource research shall be used to
conduct new surveys on private property, including new aerial surveys
for the designation of habitat under the Endangered Species Act, except
when it is made known to the Federal official having authority to
obligate or expend such funds that the survey or research has been
requested and authorized in writing by the property owner or the
owner's authorized representative: Provided further, That none of the
funds provided herein for resource research may be used to administer a
volunteer program when it is made known to the Federal official having
authority to obligate or expend such funds that the volunteers are not
properly trained or that information gathered by the volunteers is not
carefully verified: Provided further, That no later than April 1, 1996,
the Director of the United States Geological Survey shall issue agency
guidelines for resource research that ensure that scientific and
technical peer review is utilized as fully as possible in selection of
projects for funding and ensure the validity and reliability of
research and data collection on Federal lands: Provided further, That
no funds available for resource research may be used for any activity
that was not authorized prior to the establishment of the National
Biological Survey: Provided further, That once every five years the
National Academy of Sciences shall review and report on the resource
research activities of the Survey: Provided further, That if specific
authorizing legislation is enacted during or before the start of fiscal
year 1996, the resource research component of the Survey should comply
with the provisions of that legislation: Provided further, That
unobligated and unexpended balances in the National Biological Survey,
Research, inventories and surveys account at the end of fiscal year
1995, shall be merged with and made a part of the United States
Geological Survey, Surveys, investigations, and research account and
shall remain available for obligation until September 30, 1996:
Provided further, That the authority granted to the United States
Bureau of Mines to conduct mineral surveys and to determine mineral
values by section 603 of Public Law 94-579 is hereby transferred to,
and vested in, the Director of the United States Geological Survey.
administrative provisions
The amount appropriated for the United States Geological Survey
shall be available for purchase of not to exceed 22 passenger motor
vehicles, for replacement only; reimbursement to the General Services
Administration for security guard services; contracting for the
furnishing of topographic maps and for the making of geophysical or
other specialized surveys when it is administratively determined that
such procedures are in the public interest; construction and
maintenance of necessary buildings and appurtenant facilities;
acquisition of lands for gauging stations and observation wells;
expenses of the United States National Committee on Geology; and
payment of compensation and expenses of persons on the rolls of the
United States Geological Survey appointed, as authorized by law, to
represent the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by appropriations
herein made may be accomplished through the use of contracts, grants,
or cooperative agreements as defined in 31 U.S.C. 6302, et seq.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of
royalties, as authorized by law; for enforcing laws and regulations
applicable to oil, gas, and other minerals leases, permits, licenses
and operating contracts; and for matching grants or cooperative
agreements; including the purchase of not to exceed eight passenger
motor vehicles for replacement only; $182,339,000, of which not less
than $70,105,000 shall be available for royalty management activities;
and an amount not to exceed $15,400,000 for the Technical Information
Management System and Related Activities of the Outer Continental Shelf
(OCS) Lands Activity, to be credited to this appropriation and to
remain available until expended, from additions to receipts resulting
from increases to rates in effect on August 5, 1993, from rate
increases to fee collections for OCS administrative activities
performed by the Minerals Management Service over and above the rates
in effect on September 30, 1993, and from additional fees for OCS
administrative activities established after September 30, 1993:
Provided, That beginning in fiscal year 1996 and thereafter, fees for
royalty rate relief applications shall be established (and revised as
needed) in Notices to Lessees, and shall be credited to this account in
the program areas performing the function, and remain available until
expended for the costs of administering the royalty rate relief
authorized by 43 U.S.C. 1337(a)(3): Provided further, That $1,500,000
for computer acquisitions shall remain available until September 30,
1997: Provided further, That funds appropriated under this Act shall be
available for the payment of interest in accordance with 30 U.S.C. 1721
(b) and (d): Provided further, That not to exceed $3,000 shall be
available for reasonable expenses related to promoting volunteer beach
and marine cleanup activities: Provided further, That notwithstanding
any other provision of law, $15,000 under this head shall be available
for refunds of overpayments in connection with certain Indian leases in
which the Director of the Minerals Management Service concurred with
the claimed refund due, to pay amounts owed to Indian allottees or
Tribes, or to correct prior unrecoverable erroneous payments: Provided
further, That beginning in fiscal year 1996 and thereafter, the
Secretary shall take appropriate action to collect unpaid and underpaid
royalties and late payment interest owed by Federal and Indian mineral
lessees and other royalty payors on amounts received in settlement or
other resolution of disputes under, and for partial or complete
termination of, sales agreements for minerals from Federal and Indian
leases.
oil spill research
For necessary expenses to carry out the purposes of title I,
section 1016, title IV, sections 4202 and 4303, title VII, and title
VIII, section 8201 of the Oil Pollution Act of 1990, $6,440,000, which
shall be derived from the Oil Spill Liability Trust Fund, to remain
available until expended.
Bureau of Mines
mines and minerals
For expenses necessary for, and incidental to, the closure of the
United States Bureau of Mines, $64,000,000, to remain available until
expended, of which not to exceed $5,000,000 may be used for the
completion and/or transfer of certain ongoing projects within the
United States Bureau of Mines, such projects to be identified by the
Secretary of the Interior within 90 days of enactment of this Act:
Provided, That there hereby are transferred to, and vested in, the
Secretary of Energy: (1) the functions pertaining to the promotion of
health and safety in mines and the mineral industry through research
vested by law in the Secretary of the Interior or the United States
Bureau of Mines and performed in fiscal year 1995 by the United States
Bureau of Mines at its Pittsburgh Research Center in Pennsylvania, and
at its Spokane Research Center in Washington; (2) the functions
pertaining to the conduct of inquiries, technological investigations
and research concerning the extraction, processing, use and disposal of
mineral substances vested by law in the Secretary of the Interior or
the United States Bureau of Mines and performed in fiscal year 1995 by
the United States Bureau of Mines under the minerals and materials
science programs at its Pittsburgh Research Center in Pennsylvania, and
at its Albany Research Center in Oregon; and (3) the functions
pertaining to mineral reclamation industries and the development of
methods for the disposal, control, prevention, and reclamation of
mineral waste products vested by law in the Secretary of the Interior
or the United States Bureau of Mines and performed in fiscal year 1995
by the United States Bureau of Mines at its Pittsburgh Research Center
in Pennsylvania: Provided further, That, if any of the same functions
were performed in fiscal year 1995 at locations other than those listed
above, such functions shall not be transferred to the Secretary of
Energy from those other locations: Provided further, That the Director
of the Office of Management and Budget, in consultation with the
Secretary of Energy and the Secretary of the Interior, is authorized to
make such determinations as may be necessary with regard to the
transfer of functions which relate to or are used by the Department of
the Interior, or component thereof affected by this transfer of
functions, and to make such dispositions of personnel, facilities,
assets, liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and other
funds held, used, arising from, available to or to be made available in
connection with, the functions transferred herein as are deemed
necessary to accomplish the purposes of this transfer: Provided
further, That all reductions in personnel complements resulting from
the provisions of this Act shall, as to the functions transferred to
the Secretary of Energy, be done by the Secretary of the Interior as
though these transfers had not taken place but had been required of the
Department of the Interior by all other provisions of this Act before
the transfers of function became effective: Provided further, That the
transfers of function to the Secretary of Energy shall become effective
on the date specified by the Director of the Office of Management and
Budget, but in no event later than 90 days after enactment into law of
this Act: Provided further, That the reference to ``function''
includes, but is not limited to, any duty, obligation, power,
authority, responsibility, right, privilege, and activity, or the
plural thereof, as the case may be.
administrative provisions
The Secretary is authorized to accept lands, buildings, equipment,
other contributions, and fees from public and private sources, and to
prosecute projects using such contributions and fees in cooperation
with other Federal, State or private agencies: Provided, That the
Bureau of Mines is authorized, during the current fiscal year, to sell
directly or through any Government agency, including corporations, any
metal or mineral products that may be manufactured in pilot plants
operated by the Bureau of Mines, and the proceeds of such sales shall
be covered into the Treasury as miscellaneous receipts: Provided
further, That notwithstanding any other provision of law, the Secretary
is authorized to convey, without reimbursement, title and all interest
of the United States in property and facilities of the United States
Bureau of Mines in Juneau, Alaska, to the City and Borough of Juneau,
Alaska; in Tuscaloosa, Alabama, to the University of Alabama; in Rolla,
Missouri, to the University of Missouri-Rolla; and in other localities
to such university or government entities as the Secretary deems
appropriate.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, as
amended, including the purchase of not to exceed 15 passenger motor
vehicles for replacement only; $95,470,000, and notwithstanding 31
U.S.C. 3302, an additional amount shall be credited to this account, to
remain available until expended, from performance bond forfeitures in
fiscal year 1996: Provided, That notwithstanding any other provision of
law, the Secretary of the Interior, pursuant to regulations, may
utilize directly or through grants to States, moneys collected in
fiscal year 1996 pursuant to the assessment of civil penalties under
section 518 of the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1268), to reclaim lands adversely affected by coal mining
practices after August 3, 1977, to remain available until expended:
Provided further, That notwithstanding any other provision of law,
appropriations for the Office of Surface Mining Reclamation and
Enforcement may provide for the travel and per diem expenses of State
and tribal personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out the provisions of title IV of
the Surface Mining Control and Reclamation Act of 1977, Public Law 95-
87, as amended, including the purchase of not more than 22 passenger
motor vehicles for replacement only, $173,887,000, to be derived from
receipts of the Abandoned Mine Reclamation Fund and to remain available
until expended: Provided, That grants to minimum program States will be
$1,500,000 per State in fiscal year 1996: Provided further, That of the
funds herein provided up to $18,000,000 may be used for the emergency
program authorized by section 410 of Public Law 95-87, as amended, of
which no more than 25 per centum shall be used for emergency
reclamation projects in any one State and funds for Federally-
administered emergency reclamation projects under this proviso shall
not exceed $11,000,000: Provided further, That prior year unobligated
funds appropriated for the emergency reclamation program shall not be
subject to the 25 per centum limitation per State and may be used
without fiscal year limitation for emergency projects: Provided
further, That pursuant to Public Law 97-365, the Department of the
Interior is authorized to utilize up to 20 per centum from the recovery
of the delinquent debt owed to the United States Government to pay for
contracts to collect these debts: Provided further, That funds made
available to States under title IV of Public Law 95-87 may be used, at
their discretion, for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act.
Bureau of Indian Affairs
operation of indian programs
For operation of Indian programs by direct expenditure, contracts,
cooperative agreements, compacts, and grants including expenses
necessary to provide education and welfare services for Indians, either
directly or in cooperation with States and other organizations,
including payment of care, tuition, assistance, and other expenses of
Indians in boarding homes, or institutions, or schools; grants and
other assistance to needy Indians; maintenance of law and order;
management, development, improvement, and protection of resources and
appurtenant facilities under the jurisdiction of the Bureau of Indian
Affairs, including payment of irrigation assessments and charges;
acquisition of water rights; advances for Indian industrial and
business enterprises; operation of Indian arts and crafts shops and
museums; development of Indian arts and crafts, as authorized by law;
for the general administration of the Bureau of Indian Affairs,
including such expenses in field offices; maintaining of Indian
reservation roads as defined in section 101 of title 23, United States
Code; and construction, repair, and improvement of Indian housing,
$1,384,434,000, of which not to exceed $100,255,000 shall be for
welfare assistance grants and not to exceed $104,626,000 shall be for
payments to tribes and tribal organizations for contract support costs
associated with ongoing contracts or grants or compacts entered into
with the Bureau of Indian Affairs prior to fiscal year 1996, as
authorized by the Indian Self-Determination Act of 1975, as amended,
and up to $5,000,000 shall be for the Indian Self-Determination Fund,
which shall be available for the transitional cost of initial or
expanded tribal contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act; and of which not to exceed $330,711,000 for
school operations costs of Bureau-funded schools and other education
programs shall become available for obligation on July 1, 1996, and
shall remain available for obligation until September 30, 1997; and of
which not to exceed $68,209,000 for higher education scholarships,
adult vocational training, and assistance to public schools under the
Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et
seq.), shall remain available for obligation until September 30, 1997;
and of which not to exceed $71,854,000 shall remain available until
expended for housing improvement, road maintenance, attorney fees,
litigation support, self-governance grants, the Indian Self-
Determination Fund, and the Navajo-Hopi Settlement Program: Provided,
That tribes and tribal contractors may use their tribal priority
allocations for unmet indirect costs of ongoing contracts, grants or
compact agreements: Provided further, That funds made available to
tribes and tribal organizations through contracts or grants obligated
during fiscal year 1996, as authorized by the Indian Self-Determination
Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.), or grants
authorized by the Indian Education Amendments of 1988 (25 U.S.C. 2001
and 2008A) shall remain available until expended by the contractor or
grantee: Provided further, That to provide funding uniformity within a
Self-Governance Compact, any funds provided in this Act with
availability for more than one year may be reprogrammed to one year
availability but shall remain available within the Compact until
expended: Provided further, That notwithstanding any other provision of
law, Indian tribal governments may, by appropriate changes in
eligibility criteria or by other means, change eligibility for general
assistance or change the amount of general assistance payments for
individuals within the service area of such tribe who are otherwise
deemed eligible for general assistance payments so long as such changes
are applied in a consistent manner to individuals similarly situated:
Provided further, That any savings realized by such changes shall be
available for use in meeting other priorities of the tribes: Provided
further, That any net increase in costs to the Federal Government which
result solely from tribally increased payment levels for general
assistance shall be met exclusively from funds available to the tribe
from within its tribal priority allocation: Provided further, That any
forestry funds allocated to a tribe which remain unobligated as of
September 30, 1996, may be transferred during fiscal year 1997 to an
Indian forest land assistance account established for the benefit of
such tribe within the tribe's trust fund account: Provided further,
That any such unobligated balances not so transferred shall expire on
September 30, 1997: Provided further, That notwithstanding any other
provision of law, no funds available to the Bureau of Indian Affairs,
other than the amounts provided herein for assistance to public schools
under the Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C.
452 et seq.), shall be available to support the operation of any
elementary or secondary school in the State of Alaska in fiscal year
1996: Provided further, That funds made available in this or any other
Act for expenditure through September 30, 1997 for schools funded by
the Bureau of Indian Affairs shall be available only to the schools
which are in the Bureau of Indian Affairs school system as of September
1, 1995: Provided further, That no funds available to the Bureau of
Indian Affairs shall be used to support expanded grades for any school
beyond the grade structure in place at each school in the Bureau of
Indian Affairs school system as of October 1, 1995: Provided further,
That notwithstanding the provisions of 25 U.S.C. 2011(h)(1) (B) and
(C), upon the recommendation of a local school board for a Bureau of
Indian Affairs operated school, the Secretary shall establish rates of
basic compensation or annual salary rates for the positions of teachers
and counselors (including dormitory and homeliving counselors) at the
school at a level not less than that for comparable positions in public
school districts in the same geographic area, to become effective on
July 1, 1997: Provided further, That of the funds available only
through September 30, 1995, not to exceed $8,000,000 in unobligated and
unexpended balances in the Operation of Indian Programs account shall
be merged with and made a part of the fiscal year 1996 Operation of
Indian Programs appropriation, and shall remain available for
obligation for employee severance, relocation, and related expenses,
until March 31, 1996.
construction
For construction, major repair, and improvement of irrigation and
power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands and interests in lands; and preparation of lands for farming,
$100,833,000, to remain available until expended: Provided, That such
amounts as may be available for the construction of the Navajo Indian
Irrigation Project and for other water resource development activities
related to the Southern Arizona Water Rights Settlement Act may be
transferred to the Bureau of Reclamation: Provided further, That not to
exceed 6 per centum of contract authority available to the Bureau of
Indian Affairs from the Federal Highway Trust Fund may be used to cover
the road program management costs of the Bureau of Indian Affairs:
Provided further, That any funds provided for the Safety of Dams
program pursuant to 25 U.S.C. 13 shall be made available on a non-
reimbursable basis: Provided further, That for the fiscal year ending
September 30, 1996, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000 that are
provided to tribally controlled grant schools under Public Law 100-297,
as amended, the Secretary of the Interior shall use the Administrative
and Audit Requirements and Cost Principles for Assistance Programs
contained in 43 CFR part 12 as the regulatory requirements: Provided
further, That such grants shall not be subject to section 12.61 of 43
CFR; the Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided further,
That in considering applications, the Secretary shall consider whether
the Indian tribe or tribal organization would be deficient in assuring
that the construction projects conform to applicable building standards
and codes and Federal, tribal, or State health and safety standards as
required by 25 U.S.C. 2005(a), with respect to organizational and
financial management capabilities: Provided further, That if the
Secretary declines an application, the Secretary shall follow the
requirements contained in 25 U.S.C. 2505(f): Provided further, That any
disputes between the Secretary and any grantee concerning a grant shall
be subject to the disputes provision in 25 U.S.C. 2508(e).
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals and for
necessary administrative expenses, $80,645,000, to remain available
until expended; of which $78,600,000 shall be available for
implementation of enacted Indian land and water claim settlements
pursuant to Public Laws 87-483, 97-293, 101-618, 102-374, 102-441, 102-
575, and 103-116, and for implementation of other enacted water rights
settlements, including not to exceed $8,000,000, which shall be for the
Federal share of the Catawba Indian Tribe of South Carolina Claims
Settlement, as authorized by section 5(a) of Public Law 103-116; and of
which $1,045,000 shall be available pursuant to Public Laws 98-500, 99-
264, and 100-580; and of which $1,000,000 shall be available (1) to
liquidate obligations owed tribal and individual Indian payees of any
checks canceled pursuant to section 1003 of the Competitive Equality
Banking Act of 1987 (Public Law 100-86 (101 Stat. 659)), 31 U.S.C.
3334(b), (2) to restore to Individual Indian Monies trust funds, Indian
Irrigation Systems, and Indian Power Systems accounts amounts invested
in credit unions or defaulted savings and loan associations and which
were not Federally insured, and (3) to reimburse Indian trust fund
account holders for losses to their respective accounts where the claim
for said loss(es) has been reduced to a judgment or settlement
agreement approved by the Department of Justice.
technical assistance of indian enterprises
For payment of management and technical assistance requests
associated with loans and grants approved under the Indian Financing
Act of 1974, as amended, $500,000.
indian guaranteed loan program account
For the cost of guaranteed loans $4,500,000, as authorized by the
Indian Financing Act of 1974, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to exceed
$35,914,000.
In addition, for administrative expenses necessary to carry out the
guaranteed loan program, $500,000.
administrative provisions
Appropriations for the Bureau of Indian Affairs shall be available
for expenses of exhibits, and purchase of not to exceed 275 passenger
carrying motor vehicles, of which not to exceed 215 shall be for
replacement only.
Territorial and International Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $65,188,000, of which
(1) $61,661,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, and brown tree snake control and research;
grants to the judiciary in American Samoa for compensation and
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the
Government of American Samoa, in addition to current local revenues,
for construction and support of governmental functions; grants to the
Government of the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the Government
of the Northern Mariana Islands as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $3,527,000 shall be available for salaries
and expenses of the Office of Insular Affairs: Provided, That all
financial transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or utilized by such governments, may be
audited by the General Accounting Office, at its discretion, in
accordance with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 99-396, or any
subsequent legislation related to Commonwealth of the Northern Mariana
Islands Covenant grant funding: Provided further, That of the amounts
provided for technical assistance, sufficient funding shall be made
available for a grant to the Close Up Foundation: Provided further,
That the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine operations and
maintenance of capital infrastructure in American Samoa, Guam, the
Virgin Islands, the Commonwealth of the Northern Mariana Islands, the
Republic of Palau, the Republic of the Marshall Islands, and the
Federated States of Micronesia through assessments of long-range
operations and maintenance needs, improved capability of local
operations and maintenance institutions and agencies (including
management and vocational education training), and project-specific
maintenance (with territorial participation and cost sharing to be
determined by the Secretary based on the individual territory's
commitment to timely maintenance of its capital assets): Provided
further, That any appropriation for disaster assistance under this head
in this Act or previous appropriations Acts may be used as non-Federal
matching funds for the purpose of hazard mitigation grants provided
pursuant to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For economic assistance and necessary expenses for the Federated
States of Micronesia and the Republic of the Marshall Islands as
provided for in sections 122, 221, 223, 232, and 233 of the Compacts of
Free Association, and for economic assistance and necessary expenses
for the Republic of Palau as provided for in sections 122, 221, 223,
232, and 233 of the Compact of Free Association, $24,938,000, to remain
available until expended, as authorized by Public Law 99-239 and Public
Law 99-658: Provided, That notwithstanding section 112 of Public Law
101-219 (103 Stat. 1873), the Secretary of the Interior may agree to
technical changes in the specifications for the project described in
the subsidiary agreement negotiated under section 212(a) of the Compact
of Free Association, Public Law 99-658, or its annex, if the changes do
not result in increased costs to the United States.
Departmental Offices
Departmental Management
salaries and expenses
For necessary expenses for management of the Department of the
Interior, $56,456,000, of which not to exceed $7,500 may be for
official reception and representation expenses.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $34,337,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$23,939,000.
Construction Management
salaries and expenses
For necessary expenses of the Office of Construction Management,
$500,000.
National Indian Gaming Commission
salaries and expenses
For necessary expenses of the National Indian Gaming Commission,
pursuant to Public Law 100-497, $1,000,000: Provided, That on March 1,
1996, the Chairman shall submit to the Secretary a report detailing
those Indian tribes or tribal organizations with gaming operations that
are in full compliance, partial compliance, or non-compliance with the
provisions of the Indian Gaming Regulatory Act (25 U.S.C. 2701, et
seq.): Provided further, That the information contained in the report
shall be updated on a continuing basis.
Office of Special Trustee for American Indians
federal trust programs
For operation of trust programs for Indians by direct expenditure,
contracts, cooperative agreements, compacts, and grants, $16,338,000,
of which $15,891,000 shall remain available until expended for trust
funds management: Provided, That funds made available to tribes and
tribal organizations through contracts or grants obligated during
fiscal year 1996, as authorized by the Indian Self-Determination Act of
1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.), shall remain available
until expended by the contractor or grantee: Provided further, That
notwithstanding any other provision of law, the statute of limitations
shall not commence to run on any claim, including any claim in
litigation pending on the date of this Act, concerning losses to or
mismanagement of trust funds, until the affected tribe or individual
Indian has been furnished with the accounting of such funds from which
the beneficiary can determine whether there has been a loss: Provided
further, That obligated and unobligated balances provided for trust
funds management within ``Operation of Indian programs'', Bureau of
Indian Affairs are hereby transferred to and merged with this
appropriation.
Administrative Provisions
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, 15 aircraft, 10 of which shall be for
replacement and which may be obtained by donation, purchase or through
available excess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may be sold,
with proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft: Provided further, That no programs
funded with appropriated funds in ``Departmental Management'', ``Office
of the Solicitor'', and ``Office of Inspector General'' may be
augmented through the Working Capital Fund or the Consolidated Working
Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985 and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of forest or range fires on or
threatening lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential or actual
earthquakes, floods, volcanoes, storms, or other unavoidable causes;
for contingency planning subsequent to actual oilspills; response and
natural resource damage assessment activities related to actual
oilspills; for the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
projects under section 410 of Public Law 95-87; and shall transfer,
from any no year funds available to the Office of Surface Mining
Reclamation and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State is not
carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for fire suppression
purposes shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to other
Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for fire suppression purposes,
such reimbursement to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for emergency
rehabilitation and wildfire suppression activities, no funds shall be
made available under this authority until funds appropriated to the
``Emergency Department of the Interior Firefighting Fund'' shall have
been exhausted: Provided further, That all funds used pursuant to this
section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985 and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible: Provided further, That such replenishment funds shall be used
to reimburse, on a pro rata basis, accounts from which emergency funds
were transferred.
Sec. 103. Appropriations made in this title shall be available for
operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized by
sections 1535 and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment, and for
services rendered may be credited to the appropriation current at the
time such reimbursements are received.
Sec. 104. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$500,000; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C.
Code 4-204).
Sec. 106. Appropriations made in this title shall be available for
obligation in connection with contracts issued for services or rentals
for periods not in excess of twelve months beginning at any time during
the fiscal year.
Sec. 107. Appropriations made in this title from the Land and Water
Conservation Fund for acquisition of lands and waters, or interests
therein, shall be available for transfer, with the approval of the
Secretary, between the following accounts: Bureau of Land Management,
Land acquisition, United States Fish and Wildlife Service, Land
acquisition, and National Park Service, Land acquisition and State
assistance. Use of such funds are subject to the reprogramming
guidelines of the House and Senate Committees on Appropriations.
Sec. 108. Prior to the transfer of Presidio properties to the
Presidio Trust, when authorized, the Secretary may not obligate in any
calendar month more than \1/12\ of the fiscal year 1996 appropriation
for operation of the Presidio: Provided, That this section shall expire
on December 31, 1995.
Sec. 109. Section 6003 of Public Law 101-380 is hereby repealed.
Sec. 110. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended by the Secretary of
the Interior for developing, promulgating, and thereafter implementing
a rule concerning rights-of-way under section 2477 of the Revised
Statutes.
Sec. 111. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore leasing and
related activities placed under restriction in the President's
moratorium statement of June 26, 1990, in the areas of Northern,
Central, and Southern California; the North Atlantic; Washington and
Oregon; and the Eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
Sec. 112. No funds provided in this title may be expended by the
Department of the Interior for the conduct of leasing, or the approval
or permitting of any drilling or other exploration activity, on lands
within the North Aleutian Basin planning area.
Sec. 113. No funds provided in this title may be expended by the
Department of the Interior for the conduct of preleasing and leasing
activities in the Eastern Gulf of Mexico for Outer Continental Shelf
Lease Sale 151 in the Outer Continental Shelf Natural Gas and Oil
Resource Management Comprehensive Program, 1992-1997.
Sec. 114. No funds provided in this title may be expended by the
Department of the Interior for the conduct of preleasing and leasing
activities in the Atlantic for Outer Continental Shelf Lease Sale 164
in the Outer Continental Shelf Natural Gas and Oil Resource Management
Comprehensive Program, 1992-1997.
Sec. 115. (a) Of the funds appropriated by this Act or any
subsequent Act providing for appropriations in fiscal years 1996 and
1997, not more than 50 percent of any self-governance funds that would
otherwise be allocated to each Indian tribe in the State of Washington
shall actually be paid to or on account of such Indian tribe from and
after the time at which such tribe shall--
(1) take unilateral action that adversely impacts the
existing rights to and/or customary uses of, nontribal member
owners of fee simple land within the exterior boundary of the
tribe's reservation to water, electricity, or any other similar
utility or necessity for the nontribal members' residential use
of such land; or
(2) restrict or threaten to restrict said owners use of or
access to publicly maintained rights-of-way necessary or
desirable in carrying the utilities or necessities described
above.
(b) Such penalty shall not attach to the initiation of any legal
actions with respect to such rights or the enforcement of any final
judgments, appeals from which have been exhausted, with respect
thereto.
Sec. 116. Within 30 days after the enactment of this Act, the
Department of the Interior shall issue a specific schedule for the
completion of the Lake Cushman Land Exchange Act (Public Law 102-436)
and shall complete the exchange not later than September 30, 1996.
Sec. 117. Notwithstanding Public Law 90-544, as amended, the
National Park Service is authorized to expend appropriated funds for
maintenance and repair of the Company Creek Road in the Lake Chelan
National Recreation Area: Provided, That appropriated funds shall not
be expended for the purpose of improving the property of private
individuals unless specifically authorized by law.
Sec. 118. Section 4(b) of Public Law 94-241 (90 Stat. 263) as added
by section 10 of Public Law 99-396 is amended by deleting ``until
Congress otherwise provides by law.'' and inserting in lieu thereof:
``except that, for fiscal years 1996 through 2002, payments to the
Commonwealth of the Northern Mariana Islands pursuant to the multi-year
funding agreements contemplated under the Covenant shall be $11,000,000
annually, subject to an equal local match and all other requirements
set forth in the Agreement of the Special Representatives on Future
Federal Financial Assistance of the Northern Mariana Islands, executed
on December 17, 1992 between the special representative of the
President of the United States and special representatives of the
Governor of the Northern Mariana Islands with any additional amounts
otherwise made available under this section in any fiscal year and not
required to meet the schedule of payments in this subsection to be
provided as set forth in subsection (c) until Congress otherwise
provides by law.
``(c) The additional amounts referred to in subsection (b) shall be
made available to the Secretary for obligation as follows:
``(1) for fiscal years 1996 through 2001, $4,580,000
annually for capital infrastructure projects as Impact Aid for
Guam under section 104(c)(6) of Public Law 99-239;
``(2) for fiscal year 1996, $7,700,000 shall be provided
for capital infrastructure projects in American Samoa;
$4,420,000 for resettlement of Rongelap Atoll; and
``(3) for fiscal years 1997 and thereafter, all such
amounts shall be available solely for capital infrastructure
projects in Guam, the Virgin Islands, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
Palau, the Federated States of Micronesia and the Republic of
the Marshall Islands: Provided, That, in fiscal year 1997,
$3,000,000 of such amounts shall be made available to the
College of the Northern Marianas and beginning in fiscal year
1997, and in each year thereafter, not to exceed $3,000,000 may
be allocated, as provided in appropriations Acts, to the
Secretary of the Interior for use by Federal agencies or the
Commonwealth of the Northern Mariana Islands to address
immigration, labor, and law enforcement issues in the Northern
Mariana Islands. The specific projects to be funded in American
Samoa shall be set forth in a five-year plan for infrastructure
assistance developed by the Secretary of the Interior in
consultation with the American Samoa Government and updated
annually and submitted to the Congress concurrent with the
budget justifications for the Department of the Interior. In
developing budget recommendations for capital infrastructure
funding, the Secretary shall indicate the highest priority
projects, consider the extent to which particular projects are
part of an overall master plan, whether such project has been
reviewed by the Corps of Engineers and any recommendations made
as a result of such review, the extent to which a set-aside for
maintenance would enhance the life of the project, the degree
to which a local cost-share requirement would be consistent
with local economic and fiscal capabilities, and may propose an
incremental set-aside, not to exceed $2,000,000 per year, to
remain available without fiscal year limitation, as an
emergency fund in the event of natural or other disasters to
supplement other assistance in the repair, replacement, or
hardening of essential facilities: Provided further, That the
cumulative amount set aside for such emergency fund may not
exceed $10,000,000 at any time.
``(d) Within the amounts allocated for infrastructure pursuant to
this section, and subject to the specific allocations made in
subsection (c), additional contributions may be made, as set forth in
appropriations Acts, to assist in the resettlement of Rongelap Atoll:
Provided, That the total of all contributions from any Federal source
after enactment of this Act may not exceed $32,000,000 and shall be
contingent upon an agreement, satisfactory to the President, that such
contributions are a full and final settlement of all obligations of the
United States to assist in the resettlement of Rongelop Atoll and that
such funds will be expended solely on resettlement activities and will
be properly audited and accounted for. In order to provide such
contributions in a timely manner, each Federal agency providing
assistance or services, or conducting activities, in the Republic of
the Marshall Islands, is authorized to make funds available through the
Secretary of the Interior, to assist in the resettlement of Rongelap.
Nothing in this subsection shall be construed to limit the provision of
ex gratia assistance pursuant to section 105(c)(2) of the Compact of
Free Association Act of 1985 (Public Law 99-239, 99 Stat. 1770, 1792)
including for individuals choosing not to resettle at Rongelap, except
that no such assistance for such individuals may be provided until the
Secretary notifies the Congress that the full amount of all funds
necessary for resettlement at Rongelap has been provided.''.
TITLE II--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest research
For necessary expenses of forest research as authorized by law,
$178,000,000, to remain available until September 30, 1997.
state and private forestry
For necessary expenses of cooperating with, and providing technical
and financial assistance to States, Territories, possessions, and
others and for forest pest management activities, cooperative forestry
and education and land conservation activities, $136,794,000, to remain
available until expended, as authorized by law.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, for ecosystem planning, inventory, and
monitoring, and for administrative expenses associated with the
management of funds provided under the heads ``Forest Research'',
``State and Private Forestry'', ``National Forest System'',
``Construction'', ``Fire Protection and Emergency Suppression'', and
``Land Acquisition'', $1,256,253,000, to remain available for
obligation until September 30, 1997, and including 65 per centum of all
monies received during the prior fiscal year as fees collected under
the Land and Water Conservation Fund Act of 1965, as amended, in
accordance with section 4 of the Act (16 U.S.C. 460l-6a(i)): Provided,
That unobligated and unexpended balances in the National Forest System
account at the end of fiscal year 1995, shall be merged with and made a
part of the fiscal year 1996 National Forest System appropriation, and
shall remain available for obligation until September 30, 1997:
Provided further, That up to $5,000,000 of the funds provided herein
for road maintenance shall be available for the planned obliteration of
roads which are no longer needed.
wildland fire management
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to National Forest System lands or other lands under fire
protection agreement, and for emergency rehabilitation of burned over
National Forest System lands, $385,485,000, to remain available until
expended: Provided, That unexpended balances of amounts previously
appropriated under any other headings for Forest Service fire
activities may be transferred to and merged with this appropriation:
Provided further, That such funds are available for repayment of
advances from other appropriations accounts previously transferred for
such purposes.
construction
For necessary expenses of the Forest Service, not otherwise
provided for, $163,500,000, to remain available until expended, for
construction and acquisition of buildings and other facilities, and for
construction and repair of forest roads and trails by the Forest
Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205:
Provided, That funds becoming available in fiscal year 1996 under the
Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the
General Fund of the Treasury of the United States: Provided further,
That not to exceed $50,000,000, to remain available until expended, may
be obligated for the construction of forest roads by timber purchasers:
Provided further, That $2,500,000 of the funds appropriated herein
shall be available for a grant to the ``Non-Profit Citizens for the
Columbia Gorge Discovery Center'' for the construction of the Columbia
Gorge Discovery Center: Provided further, That the Forest Service is
authorized to grant the unobligated balance of funds appropriated in
fiscal year 1995 for the construction of the Columbia Gorge Discovery
Center to the ``Non-Profit Citizens for the Columbia Gorge Discovery
Center'' to be used for the same purpose: Provided further, That the
Forest Service is authorized to convey the land needed for the
construction of the Columbia Gorge Discovery Center without cost to the
``Non-Profit Citizens for the Columbia Gorge Discovery Center'':
Provided further, That notwithstanding any other provision of law,
funds originally appropriated under this head in Public Law 101-512 for
the Forest Service share of a new research facility at the University
of Missouri, Columbia, shall be available for a grant to the University
of Missouri, as the Federal share in the construction of the new
facility: Provided further, That agreed upon lease of space in the new
facility shall be provided to the Forest Service without charge for the
life of the building.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11),
including administrative expenses, and for acquisition of land or
waters, or interest therein, in accordance with statutory authority
applicable to the Forest Service, $24,200,000, to be derived from the
Land and Water Conservation Fund, to remain available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $1,069,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, to be derived from funds deposited by
State, county, or municipal governments, public school districts, or
other public school authorities pursuant to the Act of December 4,
1967, as amended (16 U.S.C. 484a), to remain available until expended.
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 per centum of all moneys received during the prior
fiscal year, as fees for grazing domestic livestock on lands in
National Forests in the sixteen Western States, pursuant to section
401(b)(1) of Public Law 94-579, as amended, to remain available until
expended, of which not to exceed 6 per centum shall be available for
administrative expenses associated with on-the-ground range
rehabilitation, protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal year
shall be available for: (a) purchase of not to exceed 183 passenger
motor vehicles of which 32 will be used primarily for law enforcement
purposes and of which 151 shall be for replacement; acquisition of 22
passenger motor vehicles from excess sources, and hire of such
vehicles; operation and maintenance of aircraft, the purchase of not to
exceed two for replacement only, and acquisition of 20 aircraft from
excess sources; notwithstanding other provisions of law, existing
aircraft being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement aircraft;
(b) services pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (c) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (d)
acquisition of land, waters, and interests therein, pursuant to the Act
of August 3, 1956 (7 U.S.C. 428a); (e) for expenses pursuant to the
Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d,
558a note); and (f) for debt collection contracts in accordance with 31
U.S.C. 3718(c).
None of the funds made available under this Act shall be obligated
or expended to change the boundaries of any region, to abolish any
region, to move or close any regional office for research, State and
private forestry, or National Forest System administration of the
Forest Service, Department of Agriculture, or to implement any
reorganization, ``reinvention'' or other type of organizational
restructuring of the Forest Service, other than the relocation of the
Regional Office for Region 5 of the Forest Service from San Francisco
to excess military property at Mare Island, Vallejo, California,
without the consent of the House and Senate Committees on
Appropriations and the Committee on Agriculture, Nutrition, and
Forestry and the Committee on Energy and Natural Resources in the
United States Senate and the Committee on Agriculture and the Committee
on Resources in the United States House of Representatives.
Any appropriations or funds available to the Forest Service may be
advanced to the Fire and Emergency Suppression appropriation and may be
used for forest firefighting and the emergency rehabilitation of
burned-over lands under its jurisdiction: Provided, That no funds shall
be made available under this authority until funds appropriated to the
``Emergency Forest Service Firefighting Fund'' shall have been
exhausted.
Any funds available to the Forest Service may be used for
retrofitting Mare Island facilities to accommodate the relocation:
Provided, That funds for the move must come from funds otherwise
available to Region 5: Provided further, That any funds to be provided
for such purposes shall only be available upon approval of the House
and Senate Committees on Appropriations.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development and
the Foreign Agricultural Service in connection with forest and
rangeland research, technical information, and assistance in foreign
countries, and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance, education
and training, and cooperation with United States and international
organizations.
None of the funds made available to the Forest Service under this
Act shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
7 U.S.C. 147b unless the proposed transfer is approved in advance by
the House and Senate Committees on Appropriations in compliance with
the reprogramming procedures contained in House Report 103-551.
No funds appropriated to the Forest Service shall be transferred to
the Working Capital Fund of the Department of Agriculture without the
approval of the Chief of the Forest Service.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service may be used to disseminate
program information to private and public individuals and organizations
through the use of nonmonetary items of nominal value and to provide
nonmonetary awards of nominal value and to incur necessary expenses for
the nonmonetary recognition of private individuals and organizations
that make contributions to Forest Service programs.
Notwithstanding any other provision of law, money collected, in
advance or otherwise, by the Forest Service under authority of section
101 of Public Law 93-153 (30 U.S.C. 185(1)) as reimbursement of
administrative and other costs incurred in processing pipeline right-
of-way or permit applications and for costs incurred in monitoring the
construction, operation, maintenance, and termination of any pipeline
and related facilities, may be used to reimburse the applicable
appropriation to which such costs were originally charged.
Funds available to the Forest Service shall be available to conduct
a program of not less than $1,000,000 for high priority projects within
the scope of the approved budget which shall be carried out by the
Youth Conservation Corps as authorized by the Act of August 13, 1970,
as amended by Public Law 93-408.
None of the funds available in this Act shall be used for timber
sale preparation using clearcutting in hardwood stands in excess of 25
percent of the fiscal year 1989 harvested volume in the Wayne National
Forest, Ohio: Provided, That this limitation shall not apply to
hardwood stands damaged by natural disaster: Provided further, That
landscape architects shall be used to maintain a visually pleasing
forest.
Any money collected from the States for fire suppression assistance
rendered by the Forest Service on non-Federal lands not in the vicinity
of National Forest System lands shall be used to reimburse the
applicable appropriation and shall remain available until expended as
the Secretary may direct in conducting activities authorized by 16
U.S.C. 2101 (note), 2101-2110, 1606, and 2111.
Of the funds available to the Forest Service, $1,500 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Notwithstanding any other provision of law, the Forest Service is
authorized to employ or otherwise contract with persons at regular
rates of pay, as determined by the Service, to perform work occasioned
by emergencies such as fires, storms, floods, earthquakes or any other
unavoidable cause without regard to Sundays, Federal holidays, and the
regular workweek.
To the greatest extent possible, and in accordance with the Final
Amendment to the Shawnee National Forest Plan, none of the funds
available in this Act shall be used for preparation of timber sales
using clearcutting or other forms of even aged management in hardwood
stands in the Shawnee National Forest, Illinois.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, eighty percent of the
funds appropriated to the Forest Service in the National Forest System
and Construction accounts and planned to be allocated to activities
under the ``Jobs in the Woods'' program for projects on National Forest
land in the State of Washington may be granted directly to the
Washington State Department of Fish and Wildlife for accomplishment of
planned projects. Twenty percent of said funds shall be retained by the
Forest Service for planning and administering projects. Project
selection and prioritization shall be accomplished by the Forest
Service with such consultation with the State of Washington as the
Forest Service deems appropriate.
For one year after enactment of this Act, the Secretary shall
continue the current Tongass Land Management Plan (TLMP) and may
accommodate commercial tourism (if an agreement is signed between the
Forest Service and the Alaska Visitors' Association) except that during
this period, the Secretary shall maintain at least the number of acres
of suitable available and suitable scheduled timber lands, and
Allowable Sale Quantity, as identified in the Preferred Alternative
(Alternative P) in the Tongass Land and Resources Management Plan and
Final Environmental Impact Statement (dated October 1992) as selected
in the Record of Decision Review Draft #3-2/93.
Nothing in this section shall be interpreted to mandate clear-
cutting or require the sale of timber and nothing in this section,
including the ASQ identified in Alternative P, shall be construed to
limit the Secretary's consideration of new information or prejudice
future revision, amendment or modification of TLMP based upon sound,
verifiable scientific data.
If the Forest Service determines in a Supplemental Evaluation to an
Environmental Impact Statement that no additional analysis under the
National Environmental Policy Act or section 810 of the Alaska National
Interest Lands Conservation Act is necessary for any timber sale or
offering which has been prepared for acceptance by, or award to, a
purchaser after December 31, 1988, that has been subsequently
determined by the Forest Service to be available for sale or offering
to one or more other purchaser, the change of purchasers for whatever
reason shall not be considered a significant new circumstance, and the
Forest Service may offer or award such timber sale or offering to a
different purchaser or offeree, notwithstanding any other provision of
law. A determination by the Forest Service pursuant to this paragraph
shall not be subject to judicial review.
None of the funds appropriated under this Act for the Forest
Service shall be made available for the purpose of applying paint to
rocks, or rock colorization: Provided, That notwithstanding any other
provision of law, the Forest Service shall not require of any
individual or entity, as part of any permitting process under its
authority, or as a requirement of compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the painting
or colorization of rocks.
DEPARTMENT OF ENERGY
fossil energy research and development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for promoting health and safety in mines and the mineral
industry through research (30 U.S.C. 3, 861(b), and 951(a)), for
conducting inquiries, technological investigations and research
concerning the extraction, processing, use, and disposal of mineral
substances without objectionable social and environmental costs (30
U.S.C. 3, 1602, and 1603), and for the development of methods for the
disposal, control, prevention, and reclamation of waste products in the
mining, minerals, metal, and mineral reclamation industries (30 U.S.C.
3 and 21a), $416,943,000, to remain available until expended: Provided,
That no part of the sum herein made available shall be used for the
field testing of nuclear explosives in the recovery of oil and gas.
alternative fuels production
(including transfer of funds)
Monies received as investment income on the principal amount in the
Great Plains Project Trust at the Norwest Bank of North Dakota, in such
sums as are earned as of October 1, 1995, shall be deposited in this
account and immediately transferred to the General Fund of the
Treasury. Monies received as revenue sharing from the operation of the
Great Plains Gasification Plant shall be immediately transferred to the
General Fund of the Treasury.
naval petroleum and oil shale reserves
For necessary expenses in carrying out naval petroleum and oil
shale reserve activities, $148,786,000, to remain available until
expended: Provided, That the requirements of 10 U.S.C. 7430(b)(2)(B)
shall not apply to fiscal year 1996: Provided further, That section 501
of Public Law 101-45 is hereby repealed.
energy conservation
For necessary expenses in carrying out energy conservation
activities, $553,137,000, to remain available until expended,
including, notwithstanding any other provision of law, the excess
amount for fiscal year 1996 determined under the provisions of section
3003(d) of Public Law 99-509 (15 U.S.C. 4502), and of which $16,000,000
shall be derived from available unobligated balances in the Biomass
Energy Development account: Provided, That $140,696,000 shall be for
use in energy conservation programs as defined in section 3008(3) of
Public Law 99-509 (15 U.S.C. 4507) and shall not be available until
excess amounts are determined under the provisions of section 3003(d)
of Public Law 99-509 (15 U.S.C. 4502): Provided further, That
notwithstanding section 3003(d)(2) of Public Law 99-509 such sums shall
be allocated to the eligible programs as follows: $114,196,000 for the
weatherization assistance program and $26,500,000 for the State energy
conservation program.
economic regulation
For necessary expenses in carrying out the activities of the
Economic Regulatory Administration and the Office of Hearings and
Appeals, $6,297,000, to remain available until expended.
strategic petroleum reserve
(including transfer of funds)
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant
to the Energy Policy and Conservation Act of 1975, as amended (42
U.S.C. 6201 et seq.), $287,000,000, to remain available until expended,
of which $187,000,000 shall be derived by transfer of unobligated
balances from the ``SPR petroleum account'' and $100,000,000 shall be
derived by transfer from the ``SPR Decommissioning Fund'': Provided,
That notwithstanding section 161 of the Energy Policy and Conservation
Act, the Secretary shall draw down and sell up to seven million barrels
of oil from the Strategic Petroleum Reserve: Provided further, That the
proceeds from the sale shall be deposited into a special account in the
Treasury, to be established and known as the ``SPR Decommissioning
Fund'', and shall be available for the purpose of removal of oil from
and decommissioning of the Weeks Island site and for other purposes
related to the operations of the Strategic Petroleum Reserve.
spr petroleum account
Notwithstanding 42 U.S.C. 6240(d) the United States share of crude
oil in Naval Petroleum Reserve Numbered 1 (Elk Hills) may be sold or
otherwise disposed of to other than the Strategic Petroleum Reserve:
Provided, That outlays in fiscal year 1996 resulting from the use of
funds in this account shall not exceed $5,000,000.
energy information administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $72,266,000, to remain available until
expended: Provided, That notwithstanding section 4(d) of the Service
Contract Act of 1965 (41 U.S.C. 353(d)) or any other provision of law,
funds appropriated under this heading hereafter may be used to enter
into a contract for end use consumption surveys for a term not to
exceed eight years: Provided further, That notwithstanding any other
provision of law, hereafter the Manufacturing Energy Consumption Survey
shall be conducted on a triennial basis.
administrative provisions, department of energy
Appropriations under this Act for the current fiscal year shall be
available for hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase, repair, and cleaning of uniforms; and
reimbursement to the General Services Administration for security guard
services.
From appropriations under this Act, transfers of sums may be made
to other agencies of the Government for the performance of work for
which the appropriation is made.
None of the funds made available to the Department of Energy under
this Act shall be used to implement or finance authorized price support
or loan guarantee programs unless specific provision is made for such
programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to
prosecute projects in cooperation with other agencies, Federal, State,
private, or foreign: Provided, That revenues and other moneys received
by or for the account of the Department of Energy or otherwise
generated by sale of products in connection with projects of the
Department appropriated under this Act may be retained by the Secretary
of Energy, to be available until expended, and used only for plant
construction, operation, costs, and payments to cost-sharing entities
as provided in appropriate cost-sharing contracts or agreements:
Provided further, That the remainder of revenues after the making of
such payments shall be covered into the Treasury as miscellaneous
receipts: Provided further, That any contract, agreement, or provision
thereof entered into by the Secretary pursuant to this authority shall
not be executed prior to the expiration of 30 calendar days (not
including any day in which either House of Congress is not in session
because of adjournment of more than three calendar days to a day
certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full comprehensive
report on such project, including the facts and circumstances relied
upon in support of the proposed project.
No funds provided in this Act may be expended by the Department of
Energy to prepare, issue, or process procurement documents for programs
or projects for which appropriations have not been made.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $1,747,842,000, together
with payments received during the fiscal year pursuant to 42 U.S.C.
300aaa-2 for services furnished by the Indian Health Service: Provided,
That funds made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Education Assistance
Act of 1975 (88 Stat. 2203; 25 U.S.C. 450), shall be deemed to be
obligated at the time of the grant or contract award and thereafter
shall remain available to the tribe or tribal organization without
fiscal year limitation: Provided further, That $12,000,000 shall remain
available until expended, for the Indian Catastrophic Health Emergency
Fund: Provided further, That $350,564,000 for contract medical care
shall remain available for obligation until September 30, 1997:
Provided further, That of the funds provided, not less than $11,306,000
shall be used to carry out the loan repayment program under section 108
of the Indian Health Care Improvement Act, as amended: Provided
further, That funds provided in this Act may be used for one-year
contracts and grants which are to be performed in two fiscal years, so
long as the total obligation is recorded in the year for which the
funds are appropriated: Provided further, That the amounts collected by
the Secretary of Health and Human Services under the authority of title
IV of the Indian Health Care Improvement Act shall be available for two
fiscal years after the fiscal year in which they were collected, for
the purpose of achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security Act
(exclusive of planning, design, or construction of new facilities):
Provided further, That of the funds provided, $7,500,000 shall remain
available until expended, for the Indian Self-Determination Fund, which
shall be available for the transitional costs of initial or expanded
tribal contracts, grants or cooperative agreements with the Indian
Health Service under the provisions of the Indian Self-Determination
Act: Provided further, That funding contained herein, and in any
earlier appropriations Acts for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall remain available for
obligation until September 30, 1997: Provided further, That amounts
received by tribes and tribal organizations under title IV of the
Indian Health Care Improvement Act, as amended, shall be reported and
accounted for and available to the receiving tribes and tribal
organizations until expended.
indian health facilities
For construction, repair, maintenance, improvement, and equipment
of health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
Act and the Indian Health Care Improvement Act, and for expenses
necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the
Indian Self-Determination Act, the Indian Health Care Improvement Act,
and titles II and III of the Public Health Service Act with respect to
environmental health and facilities support activities of the Indian
Health Service, $238,958,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, funds
appropriated for the planning, design, construction or renovation of
health facilities for the benefit of an Indian tribe or tribes may be
used to purchase land for sites to construct, improve, or enlarge
health or related facilities.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service shall be
available for services as authorized by 5 U.S.C. 3109 but at rates not
to exceed the per diem rate equivalent to the maximum rate payable for
senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances therefor as
authorized by law (5 U.S.C. 5901-5902); and for expenses of attendance
at meetings which are concerned with the functions or activities for
which the appropriation is made or which will contribute to improved
conduct, supervision, or management of those functions or activities:
Provided, That in accordance with the provisions of the Indian Health
Care Improvement Act, non-Indian patients may be extended health care
at all tribally administered or Indian Health Service facilities,
subject to charges, and the proceeds along with funds recovered under
the Federal Medical Care Recovery Act (42 U.S.C. 2651-53) shall be
credited to the account of the facility providing the service and shall
be available without fiscal year limitation: Provided further, That
notwithstanding any other law or regulation, funds transferred from the
Department of Housing and Urban Development to the Indian Health
Service shall be administered under Public Law 86-121 (the Indian
Sanitation Facilities Act) and Public Law 93-638, as amended: Provided
further, That funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program direction
purposes, shall not be subject to limitations directed at curtailing
Federal travel and transportation: Provided further, That the Indian
Health Service shall neither bill nor charge those Indians who may have
the economic means to pay unless and until such time as Congress has
agreed upon a specific policy to do so and has directed the Indian
Health Service to implement such a policy: Provided further, That,
notwithstanding any other provision of law, funds previously or herein
made available to a tribe or tribal organization through a contract,
grant or agreement authorized by title I of the Indian Self-
Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25
U.S.C. 450), may be deobligated and reobligated to a self-governance
funding agreement under title III of the Indian Self-Determination and
Education Assistance Act of 1975 and thereafter shall remain available
to the tribe or tribal organization without fiscal year limitation:
Provided further, That none of the funds made available to the Indian
Health Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by the
Department of Health and Human Services, relating to eligibility for
the health care services of the Indian Health Service until the Indian
Health Service has submitted a budget request reflecting the increased
costs associated with the proposed final rule, and such request has
been included in an appropriations Act and enacted into law: Provided
further, That funds made available in this Act are to be apportioned to
the Indian Health Service as appropriated in this Act, and accounted
for in the appropriation structure set forth in this Act: Provided
further, That the appropriation structure for the Indian Health Service
may not be altered without advance approval of the House and Senate
Committees on Appropriations.
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education
indian education
For necessary expenses to carry out, to the extent not otherwise
provided, title IX, part A, subpart 1 of the Elementary and Secondary
Education Act of 1965, as amended, and section 215 of the Department of
Education Organization Act, $52,500,000.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $20,345,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo family
who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will
be provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498 (20 U.S.C. 4401 et seq.), $5,500,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for terms not to
exceed thirty years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; up to 5 replacement passenger vehicles; purchase, rental,
repair, and cleaning of uniforms for employees; $308,188,000, of which
not to exceed $30,472,000 for the instrumentation program, collections
acquisition, Museum Support Center equipment and move, exhibition
reinstallation, the National Museum of the American Indian, the
repatriation of skeletal remains program, research equipment,
information management, and Latino programming shall remain available
until expended and, including such funds as may be necessary to support
American overseas research centers and a total of $125,000 for the
Council of American Overseas Research Centers: Provided, That funds
appropriated herein are available for advance payments to independent
contractors performing research services or participating in official
Smithsonian presentations.
construction and improvements, national zoological park
For necessary expenses of planning, construction, remodeling, and
equipping of buildings and facilities at the National Zoological Park,
by contract or otherwise, $3,250,000, to remain available until
expended.
repair and restoration of buildings
For necessary expenses of repair and restoration of buildings owned
or occupied by the Smithsonian Institution, by contract or otherwise,
as authorized by section 2 of the Act of August 22, 1949 (63 Stat.
623), including not to exceed $10,000 for services as authorized by 5
U.S.C. 3109, $33,954,000, to remain available until expended: Provided,
That contracts awarded for environmental systems, protection systems,
and exterior repair or restoration of buildings of the Smithsonian
Institution may be negotiated with selected contractors and awarded on
the basis of contractor qualifications as well as price.
construction
For necessary expenses for construction, $27,700,000, to remain
available until expended.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services
for protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches, and
grounds; and purchase of services for restoration and repair of works
of art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates or
prices and under such terms and conditions as the Gallery may deem
proper, $51,844,000, of which not to exceed $3,026,000 for the special
exhibition program shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, as authorized, $6,442,000, to
remain available until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $10,323,000:
Provided, That 40 U.S.C. 193n is hereby amended by striking the word
``and'' after the word ``Institution'' and inserting in lieu thereof a
comma, and by inserting ``and the Trustees of the John F. Kennedy
Center for the Performing Arts,'' after the word ``Art,''.
construction
For necessary expenses of capital repair and rehabilitation of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $8,983,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$5,840,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $82,259,000, shall be
available to the National Endowment for the Arts for the support of
projects and productions in the arts through assistance to groups and
individuals pursuant to section 5(c) of the Act, and for administering
the functions of the Act, to remain available until September 30, 1997.
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$17,235,000, to remain available until September 30, 1997, to the
National Endowment for the Arts, of which $7,500,000 shall be available
for purposes of section 5(p)(1): Provided, That this appropriation
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, and devises of money, and
other property accepted by the Chairman or by grantees of the Endowment
under the provisions of section 10(a)(2), subsections 11(a)(2)(A) and
11(a)(3)(A) during the current and preceding fiscal years for which
equal amounts have not previously been appropriated.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $94,000,000, shall be
available to the National Endowment for the Humanities for support of
activities in the humanities, pursuant to section 7(c) of the Act, and
for administering the functions of the Act, to remain available until
September 30, 1997.
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$16,000,000, to remain available until September 30, 1997, of which
$10,000,000 shall be available to the National Endowment for the
Humanities for the purposes of section 7(h): Provided, That this
appropriation shall be available for obligation only in such amounts as
may be equal to the total amounts of gifts, bequests, and devises of
money, and other property accepted by the Chairman or by grantees of
the Endowment under the provisions of subsections 11(a)(2)(B) and
11(a)(3)(B) during the current and preceding fiscal years for which
equal amounts have not previously been appropriated.
Institute of Museum Services
grants and administration
For carrying out title II of the Arts, Humanities, and Cultural
Affairs Act of 1976, as amended, $21,000,000, to remain available until
September 30, 1997.
administrative provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $834,000.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (99 Stat.
1261; 20 U.S.C. 956(a)), as amended, $6,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For expenses necessary for the Advisory Council on Historic
Preservation, $2,500,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71-71i), including services as
authorized by 5 U.S.C. 3109, $5,090,000: Provided, That all appointed
members will be compensated at a rate not to exceed the rate for
Executive Schedule Level IV.
Franklin Delano Roosevelt Memorial Commission
salaries and expenses
For necessary expenses of the Franklin Delano Roosevelt Memorial
Commission, established by the Act of August 11, 1955 (69 Stat. 694),
as amended by Public Law 92-332 (86 Stat. 401), $147,000, to remain
available until September 30, 1997.
Pennsylvania Avenue Development Corporation
public development
Funds made available under this heading in prior years shall be
available for operating and administrative expenses and for the orderly
closure of the Corporation, as well as operating and administrative
expenses for the functions transferred to the General Services
Administration.
United States Holocaust Memorial Council
holocaust memorial council
For expenses of the Holocaust Memorial Council, as authorized by
Public Law 96-388, as amended, $28,707,000; of which $1,575,000 for the
Museum's repair and rehabilitation program and $1,264,000 for the
Museum's exhibition program shall remain available until expended.
TITLE III--GENERAL PROVISIONS
Sec. 301. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 302. No part of any appropriation under this Act shall be
available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shawnee
National Forest, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 303. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which congressional action is
not complete.
Sec. 304. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 305. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of
such department or agency except as otherwise provided by law.
Sec. 306. No assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless notice of
such assessments and the basis therefor are presented to the Committees
on Appropriations and are approved by such Committees.
Sec. 307. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c;
popularly known as the ``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds
made available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
Sec. 308. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant
sequoia (sequoiadendron giganteum) which are located on National Forest
System or Bureau of Land Management lands in a manner different than
such sales were conducted in fiscal year 1995.
Sec. 309. None of the funds made available by this Act may be
obligated or expended by the National Park Service to enter into or
implement a concession contract which permits or requires the removal
of the underground lunchroom at the Carlsbad Caverns National Park.
Sec. 310. Where the actual costs of construction projects under
self-determination contracts, compacts, or grants, pursuant to Public
Laws 93-638, 103-413, or 100-297, are less than the estimated costs
thereof, use of the resulting excess funds shall be determined by the
appropriate Secretary after consultation with the tribes.
Sec. 311. Notwithstanding Public Law 103-413, quarterly payments of
funds to tribes and tribal organizations under annual funding
agreements pursuant to section 108 of Public Law 93-638, as amended,
may be made on the first business day following the first day of a
fiscal quarter.
Sec. 312. None of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps program, unless
the relevant agencies of the Department of the Interior and/or
Agriculture follow appropriate reprogramming guidelines: Provided, That
if no funds are provided for the AmeriCorps program by the VA-HUD and
Independent Agencies fiscal year 1996 appropriations bill, then none of
the funds appropriated or otherwise made available by this Act may be
used for the AmeriCorps programs.
Sec. 313. (a) On or before April 1, 1996, the Pennsylvania Avenue
Development Corporation shall--
(1) transfer and assign in accordance with this section all
of its rights, title, and interest in and to all of the leases,
covenants, agreements, and easements it has executed or will
execute by March 31, 1996, in carrying out its powers and
duties under the Pennsylvania Avenue Development Corporation
Act (40 U.S.C. 871-885) and the Federal Triangle Development
Act (40 U.S.C. 1101-1109) to the General Services
Administration, National Capital Planning Commission, or the
National Park Service; and
(2) except as provided by subsection (d), transfer all
rights, title, and interest in and to all property, both real
and personal, held in the name of the Pennsylvania Avenue
Development Corporation to the General Services Administration.
(b) The responsibilities of the Pennsylvania Avenue Development
Corporation transferred to the General Services Administration under
subsection (a) include, but are not limited to, the following:
(1) Collection of revenue owed the Federal Government as a
result of real estate sales or lease agreements entered into by
the Pennsylvania Avenue Development Corporation and private
parties, including, at a minimum, with respect to the following
projects:
(A) The Willard Hotel property on Square 225.
(B) The Gallery Row project on Square 457.
(C) The Lansburgh's project on Square 431.
(D) The Market Square North project on Square 407.
(2) Collection of sale or lease revenue owed the Federal
Government (if any) in the event two undeveloped sites owned by
the Pennsylvania Avenue Development Corporation on Squares 457
and 406 are sold or leased prior to April 1, 1996.
(3) Application of collected revenue to repay United States
Treasury debt incurred by the Pennsylvania Avenue Development
Corporation in the course of acquiring real estate.
(4) Performing financial audits for projects in which the
Pennsylvania Avenue Development Corporation has actual or
potential revenue expectation, as identified in paragraphs (1)
and (2), in accordance with procedures described in applicable
sale or lease agreements.
(5) Disposition of real estate properties which are or
become available for sale and lease or other uses.
(6) Payment of benefits in accordance with the Uniform
Relocation Assistance and Real Property Acquisitions Policies
Act of 1970 to which persons in the project area squares are
entitled as a result of the Pennsylvania Avenue Development
Corporation's acquisition of real estate.
(7) Carrying out the responsibilities of the Pennsylvania
Avenue Development Corporation under the Federal Triangle
Development Act (40 U.S.C. 1101-1109), including
responsibilities for managing assets and liabilities of the
Corporation under such Act.
(c) In carrying out the responsibilities of the Pennsylvania Avenue
Development Corporation transferred under this section, the
Administrator of the General Services Administration shall have the
following powers:
(1) To acquire lands, improvements, and properties by
purchase, lease or exchange, and to sell, lease, or otherwise
dispose of real or personal property as necessary to complete
the development plan developed under section 5 of the
Pennsylvania Avenue Development Corporation Act of 1972 (40
U.S.C. 874) if a notice of intention to carry out such
acquisition or disposal is first transmitted to the Committee
on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the
Committee on Environment and Public Works and the Committee on
Appropriations of the Senate and at least 60 days elapse after
the date of such transmission.
(2) To modify from time to time the plan referred to in
paragraph (1) if such modification is first transmitted to the
Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives and
the Committee on Environment and Public Works and the Committee
on Appropriations of the Senate and at least 60 days elapse
after the date of such transmission.
(3) To maintain any existing Pennsylvania Avenue
Development Corporation insurance programs.
(4) To enter into and perform such leases, contracts, or
other transactions with any agency or instrumentality of the
United States, the several States, or the District of Columbia
or with any person, firm, association, or corporation as may be
necessary to carry out the responsibilities of the Pennsylvania
Avenue Development Corporation under the Federal Triangle
Development Act (40 U.S.C. 1101-1109).
(5) To request the Council of the District of Columbia to
close any alleys necessary for the completion of development in
Square 457.
(6) To use all of the funds transferred from the
Pennsylvania Avenue Development Corporation or income earned on
Pennsylvania Avenue Development Corporation property to
complete any pending development projects.
(d)(1)(A) On or before April 1, 1996, the Pennsylvania Avenue
Development Corporation shall transfer all its right, title, and
interest in and to the property described in subparagraph (B) to the
National Park Service, Department of the Interior.
(B) The property referred to in subparagraph (A) is the property
located within the Pennsylvania Avenue National Historic Site depicted
on a map entitled ``Pennsylvania Avenue National Historic Park'', dated
June 1, 1995, and numbered 840-82441, which shall be on file and
available for public inspection in the offices of the National Park
Service, Department of the Interior. The Pennsylvania Avenue National
Historic Site includes the parks, plazas, sidewalks, special lighting,
trees, sculpture, and memorials.
(2) Jurisdiction of Pennsylvania Avenue and all other roadways from
curb to curb shall remain with the District of Columbia but vendors
shall not be permitted to occupy street space except during temporary
special events.
(3) The National Park Service shall be responsible for management,
administration, maintenance, law enforcement, visitor services,
resource protection, interpretation, and historic preservation at the
Pennsylvania Avenue National Historic Site.
(4) The National Park Service may enter into contracts, cooperative
agreements, or other transactions with any agency or instrumentality of
the United States, the several States, or the District of Columbia or
with any person, firm, association, or corporation as may be deemed
necessary or appropriate for the conduct of special events, festivals,
concerts, or other art and cultural programs at the Pennsylvania Avenue
National Historic Site or may establish a nonprofit foundation to
solicit funds for such activities.
(e) Notwithstanding any other provision of law, the responsibility
for ensuring that development or redevelopment in the Pennsylvania
Avenue area is carried out in accordance with the Pennsylvania Avenue
Development Corporation Plan--1974, as amended, is transferred to the
National Capital Planning Commission or its successor commencing April
1, 1996.
(f) Savings Provisions.--
(1) Regulations.--Any regulations prescribed by the
Corporation in connection with the Pennsylvania Avenue
Development Corporation Act of 1972 (40 U.S.C. 871-885) and the
Federal Triangle Development Act (40 U.S.C. 1101-1109) shall
continue in effect until suspended by regulations prescribed by
the Administrator of the General Services Administration.
(2) Existing rights, duties, and obligations not
affected.--Subsection (a) shall not be construed as affecting
the validity of any right, duty, or obligation of the United
States or any other person arising under or pursuant to any
contract, loan, or other instrument or agreement which was in
effect on the day before the date of the transfers under
subsection (a).
(3) Continuation of suits.--No action or other proceeding
commenced by or against the Corporation in connection with
administration of the Pennsylvania Avenue Development
Corporation Act of 1972 (40 U.S.C. 871-885) and the Federal
Triangle Development Act (40 U.S.C. 1101-1109) shall abate by
reason of enactment and implementation of this Act, except that
the General Services Administration shall be substituted for
the Corporation as a party to any such action or proceeding.
(g) Section 3(b) of the Pennsylvania Avenue Development Corporation
Act of 1972 (40 U.S.C. 872(b)) is amended as follows:
``(b) The Corporation shall be dissolved on or before April 1,
1996. Upon dissolution, assets, obligations, indebtedness, and all
unobligated and unexpended balances of the Corporation shall be
transferred in accordance with the Department of the Interior and
Related Agencies Appropriations Act, 1996.''.
Sec. 314. (a) Except as provided in subsection (b), no part of any
appropriation contained in this Act or any other Act shall be obligated
or expended for the operation or implementation of the Interior
Columbia Basin Ecosystem Management Project (hereinafter ``Project'').
(b) From the funds appropriated to the Forest Service and Bureau of
Land Management: a sum of $4,000,000 is made available for the
Executive Steering Committee of the Project to publish, and submit to
the Congress, by May 31, 1996, an assessment of the National Forest
System lands and lands administered by the Bureau of Land Management
within the area encompassed by the Project. The assessment shall be
accompanied by two draft Environmental Impact Statements that: are not
decisional and not subject to judicial review; contain a range of
alternatives, without the identification of a preferred alternative or
management recommendation; and provide a methodology for conducting any
cumulative effects analysis required by section 102(2) of the National
Environmental Policy Act (42 U.S.C. 433(2)) in the preparation of
amendments to resource management plans pursuant to subsection (c). The
assessment shall incorporate all existing relevant scientific
information including, but not limited to, information on landscape
dynamics, forest and rangeland health conditions, fisheries, and
watersheds and the implications of each as they relate to federal
forest and rangeland health. The assessment and draft Environmental
Impact Statements shall not be: the subject of consultation or
conferencing pursuant to section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536); accompanied by any record of decision or other
National Environmental Policy Act documentation; or applied or used to
regulate non-federal lands. The Executive Steering Committee shall
release the draft Environmental Impact Statements for a ninety day
public comment period and include a summary of the public comments
received in the Submission to Congress.
(c)(1) From the funds appropriated to the Forest Service and the
Bureau of Land Management, based on the documents prepared pursuant to
subsection (b) and any other guidance or policy issued prior to the
date of enactment of this section, and in consultation with the
affected Governor, and county commissioners, each Forest Supervisor and
District Manager with responsibility for a national forest or a unit of
land administered by the Bureau of Land Management (hereinafter
``forest'') within the area encompassed by the Project shall review the
resource management plan (hereinafter ``plan'') for such forest and
develop, by an amendment to such plan, a modification of or alternative
to any policy which is applicable to such plan upon the date of
enactment of this section (whether or not such policy has been added to
such plan by amendment), including any policy which is, or is intended
to be, of limited duration, and which the Project addresses, to meet
the specific conditions of such forest. Each amendment shall: contain
the modified or alternative policy developed pursuant to this
paragraph, be directed solely to and affect only such plan; address the
specific conditions of the forest to which the plan applies and the
relationship of the modified or alternative policy to such conditions;
and, to the maximum extent practicable, establish site-specific
standards in lieu of imposing general standards applicable to multiple
sites.
(2)(A) Each amendment prepared pursuant to paragraph (1) shall
comply with any applicable requirements of section 102(2) of the
National Environmental Policy Act, except that any cumulative effects
analysis conducted in accordance with the methodology provided pursuant
to subsection (b) shall be deemed to meet any requirements of such Act
for such analysis.
(B) Any policy adopted in an amendment prepared pursuant to
paragraph (1) which is a modification of or alternative to a policy
referred to in paragraph (1) upon which consultation or conferencing
has occurred pursuant to section 7 of the Endangered Species Act of
1973 shall not again be subject to the consultation or conferencing
provisions of such section 7. Any other consultation or conferencing
required by such section 7 shall be conducted separately on each
amendment prepared pursuant to paragraph (1): Provided, That, except as
provided in this subparagraph, no other consultation shall be
undertaken on such amendments, or any project or activity which is
consistent with an applicable amendment, on any policy referred to in
paragraph (1), or on any portion of any plan related to such policy or
the species to which such policy applies.
(3) Each amendment prepared pursuant to paragraph (1) shall be
adopted on or before March 31, 1997, and no policy referred to in
paragraph (1), or any provision of a plan or other planning document
incorporating such policy, shall be effective in any forest subject to
the Project on or after such date, or after an amendment to the plan
which applies to such forest is adopted pursuant to this subsection,
whichever occurs first.
(4) On the signing of a record of decision or equivalent document
making an amendment for the Clearwater National Forest pursuant to
paragraph (1), the requirement for revision referred to in this
Stipulation of Dismissal dated September 13, 1993, applicable to such
forest is deemed to be satisfied, and the interim management direction
provisions contained in the Stipulation of Dismissal shall be of no
further effect with respect to such forest.
Sec. 315. Recreational Fee Demonstration Program.--(a) The
Secretary of the Interior (acting through the Bureau of Land
Management, the National Park Service and the United States Fish and
Wildlife Service) and the Secretary of Agriculture (acting through the
Forest Service) shall each implement a fee program to demonstrate the
feasibility of user-generated cost recovery for the operation and
maintenance of recreation areas or sites and habitat enhancement
projects on Federal lands.
(b) In carrying out the pilot program established pursuant to this
section, the appropriate Secretary shall select from areas under the
jurisdiction of each of the four agencies referred to in subsection (a)
no fewer than 10, but as many as 50, areas, sites or projects for fee
demonstration. For each such demonstration, the Secretary,
notwithstanding any other provision of law--
(1) shall charge and collect fees for admission to the area
or for the use of outdoor recreation sites, facilities, visitor
centers, equipment, and services by individuals and groups, or
any combination thereof;
(2) shall establish fees under this section based upon a
variety of cost recovery and fair market valuation methods to
provide a broad basis for feasibility testing;
(3) may contract, including provisions for reasonable
commissions, with any public or private entity to provide
visitor services, including reservations and information, and
may accept services of volunteers to collect fees charged
pursuant to paragraph (1);
(4) may encourage private investment and partnerships to
enhance the delivery of quality customer services and resource
enhancement, and provide appropriate recognition to such
partners or investors; and
(5) may assess a fine of not more than $100 for any
violation of the authority to collect fees for admission to the
area or for the use of outdoor recreation sites, facilities,
visitor centers, equipment, and services.
(c)(1) Amounts collected at each fee demonstration area, site or
project shall be distributed as follows:
(A) Of the amount in excess of 104% of the amount collected
in fiscal year 1995, and thereafter annually adjusted upward by
4%, eighty percent to a special account in the Treasury for use
without further appropriation, by the agency which administers
the site, to remain available for expenditures in accordance
with paragraph (2)(A).
(B) Of the amount in excess of 104% of the amount collected
in fiscal year 1995, and thereafter annually adjusted upward by
4%, twenty percent to a special account in the Treasury for use
without further appropriation, by the agency which administers
the site, to remain available for expenditure in accordance
with paragraph (2)(B).
(C) For agencies other than the Fish and Wildlife Service,
up to 15% of current year collections of each agency, but not
greater than fee collection costs for that fiscal year, to
remain available for expenditure without further appropriation
in accordance with paragraph (2)(C).
(D) For agencies other than the Fish and Wildlife Service,
the balance to the special account established pursuant to
subparagraph (A) of section 4(i)(1) of the Land and Water
Conservation Fund Act, as amended.
(E) For the Fish and Wildlife Service, the balance shall be
distributed in accordance with section 201(c) of the Emergency
Wetlands Resources Act.
(2)(A) Expenditures from site specific special funds shall be for
further activities of the area, site or project from which funds are
collected, and shall be accounted for separately.
(B) Expenditures from agency specific special funds shall be for
use on an agency-wide basis and shall be accounted for separately.
(C) Expenditures from the fee collection support fund shall be used
to cover fee collection costs in accordance with section 4(i)(1)(B) of
the Land and Water Conservation Fund Act, as amended: Provided, That
funds unexpended and unobligated at the end of the fiscal year shall
not be deposited into the special account established pursuant to
section 4(i)(1)(A) of said Act and shall remain available for
expenditure without further appropriation.
(3) In order to increase the quality of the visitor experience at
public recreational areas and enhance the protection of resources,
amounts available for expenditure under this section may only be used
for the area, site or project concerned, for backlogged repair and
maintenance projects (including projects relating to health and safety)
and for interpretation, signage, habitat or facility enhancement,
resource preservation, annual operation (including fee collection),
maintenance, and law enforcement relating to public use. The agencywide
accounts may be used for the same purposes set forth in the preceding
sentence, but for areas, sites or projects selected at the discretion
of the respective agency head.
(d)(1) Amounts collected under this section shall not be taken into
account for the purposes of the Act of May 23, 1908 and the Act of
March 1, 1911 (16 U.S.C. 500), the Act of March 4, 1913 (16 U.S.C.
501), the Act of July 22, 1937 (7 U.S.C. 1012), the Act of August 8,
1937 and the Act of May 24, 1939 (43 U.S.C. 1181f et seq.), the Act of
June 14, 1926 (43 U.S.C. 869-4), chapter 69 of title 31, United States
Code, section 401 of the Act of June 15, 1935 (16 U.S.C. 715s), the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l), and any
other provision of law relating to revenue allocation.
(2) Fees charged pursuant to this section shall be in lieu of fees
charged under any other provision of law.
(e) The Secretary of the Interior and the Secretary of Agriculture
shall carry out this section without promulgating regulations.
(f) The authority to collect fees under this section shall commence
on October 1, 1995, and end on September 30, 1998. Funds in accounts
established shall remain available through September 30, 2001.
Sec. 316. Section 2001(a)(2) of Public Law 104-19 is amended as
follows: Strike ``September 30, 1997'' and insert in lieu thereof
``December 31, 1996''.
Sec. 317. None of the funds made available in this Act may be used
for any program, project, or activity when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any
applicable Federal law relating to risk assessment, the protection of
private property rights, or unfunded mandates.
Sec. 318. None of the funds provided in this Act may be made
available for the Mississippi River Corridor Heritage Commission.
Sec. 319. Great Basin National Park.--Section 3 of the Great Basin
National Park Act of 1986 (16 U.S.C. 410mm-1) is amended--
(1) in the first sentence of subsection (e) by striking
``shall'' and inserting ``may''; and
(2) in subsection (f)--
(A) by striking ``At the request'' and inserting
the following:
``(1) Exchanges.--At the request'';
(B) by striking ``grazing permits'' and inserting
``grazing permits and grazing leases''; and
(C) by adding after ``Federal lands.'' the
following:
``(2) Acquisition by donation.--
(A) In general.--The Secretary may acquire by
donation valid existing permits and grazing leases
authorizing grazing on land in the park.
(B) Termination.--The Secretary shall terminate a
grazing permit or grazing lease acquired under
subparagraph (A) so as to end grazing previously
authorized by the permit or lease.''.
Sec. 320. None of the funds made available in this Act shall be
used by the Department of Energy in implementing the Codes and
Standards Program to propose, issue, or prescribe any new or amended
standard: Provided, That this section shall expire on September 30,
1996: Provided further, That nothing in this section shall preclude the
Federal Government from promulgating rules concerning energy efficiency
standards for the construction of new federally-owned commercial and
residential buildings.
Sec. 321. None of the funds made available in this Act may be used
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis
Island; or (2) to prevent pedestrian use of such bridge, when it is
made known to the Federal official having authority to obligate or
expend such funds that such pedestrian use is consistent with generally
accepted safety standards.
Sec. 322. (a) None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to accept
or process applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) The provisions of subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim concerned: (1)
a patent application was filed with the Secretary on or before
September 30, 1994, and (2) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the
case may be, were fully complied with by the applicant by that date.
(c) Processing Schedule.--For those applications for patents
pursuant to subsection (b) which were filed with the Secretary of the
Interior, prior to September 30, 1994, the Secretary of the Interior
shall--
(1) Within three months of the enactment of this Act, file
with the House and Senate Committees on Appropriations and the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the United States
Senate a plan which details how the Department of the Interior
will make a final determination as to whether or not an
applicant is entitled to a patent under the general mining laws
on at least 90 percent of such applications within five years
of the enactment of this Act and file reports annually
thereafter with the same committees detailing actions taken by
the Department of the Interior to carry out such plan; and
(2) Take such actions as may be necessary to carry out such
plan.
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of the mining claims
or mill sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the sole
responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
Sec. 323. None of the funds appropriated or otherwise made
available by this Act may be used for the purposes of acquiring lands
in the counties of Lawrence, Monroe, or Washington, Ohio, for the Wayne
National Forest.
Sec. 324. No part of any appropriation contained in this Act or any
other Act shall be expended or obligated to fund the activities of the
Office of Forestry and Economic Development after December 31, 1995.
Sec. 325. Amend section 2001(k) of Public Law 104-19 by striking
``in fiscal years 1995 and 1996'' in paragraph (1) and adding paragraph
(4) to read:
``(4) Timing and conditions of alternative volume.--For any
sale subject to paragraph (2) of this subsection, the Secretary
concerned shall, and for any other sale subject to this
subsection, the Secretary concerned may, within 45 days of the
date of enactment of this paragraph, reach agreement with the
purchaser to provide by a date agreed to by the purchaser, a
volume, value and kind of timber satisfactory to the purchaser
to substitute for all or a portion of the timber subject to the
sale, which shall be subject to the original terms of the
contract except as otherwise agreed, and shall be subject to
paragraph (1). After the agreed date for providing alternative
timber the purchaser may operate the original sale under the
terms of paragraph (1) until the Secretary concerned designates
and the purchaser accepts alternative timber under this
paragraph. Any sale subject to this subsection shall be awarded
and released and may be operated under the terms of paragraph
(1) until completed and shall not count against current
allowable sale quantities or timber sales to be offered under
subsection (b) and (d).''
Sec. 326. (a) Land Exchange.--The Secretary of the Interior
(hereinafter referred to as the ``Secretary'') is authorized to convey
to the Boise Cascade Corporation (hereinafter referred to as the
``Corporation''), a corporation formed under the statutes of the State
of Delaware, with its principal place of business at Boise, Idaho,
title to approximately seven acres of land, more or less, located in
sections 14 and 23, township 36 north, range 37 east, Willamette
Meridian, Stevens County, Washington, further identified in the records
of the Bureau of Reclamation, Department of the Interior, as Tract No.
GC-19860, and to accept from the Corporation in exchange therefor,
title to approximately one hundred and thirty-six acres of land located
in section 19, township 37 north, range 38 east and section 33,
township 38 north, range 37 east, Willamette Meridian, Stevens County,
Washington, and further identified in the records of the Bureau of
Reclamation, Department of the Interior, as Tract No. GC-19858 and
Tract No. GC-19859, respectively.
(b) Appraisal.--The properties so exchanged either shall be
approximately equal in fair market value or if they are not
approximately equal, shall be equalized by the payment of cash to the
Corporation or to the Secretary as required or in the event the value
of the Corporation's lands is greater, the acreage may be reduced so
that the fair market value is approximately equal: Provided, That the
Secretary shall order appraisals made of the fair market value of each
tract of land included in the exchange without consideration for
improvements thereon: Provided further, That any cash payment received
by the Secretary shall be covered in the Reclamation Fund and credited
to the Columbia Basin project.
(c) Administrative Costs.--Costs of conducting the necessary land
surveys, preparing the legal descriptions of the lands to be conveyed,
performing the appraisals, and administrative costs incurred in
completing the exchange shall be borne by the Corporation.
(d) Liability for Hazardous Substances.--(1) The Secretary shall
not acquire any lands under this Act if the Secretary determines that
such lands, or any portion thereof, have become contaminated with
hazardous substances (as defined in the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9601)).
(2) Notwithstanding any other provision of law, the United States
shall have no responsibility or liability with respect to any hazardous
wastes or other substances placed on any of the lands covered by this
Act after their transfer to the ownership of any party, but nothing in
this Act shall be construed as either diminishing or increasing any
responsibility or liability of the United States based on the condition
of such lands on the date of their transfer to the ownership of another
party. The Corporation shall indemnify the United States for
liabilities arising under the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601), and the Resource
Conservation Recovery Act (42 U.S.C. 6901 et seq.).
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the purposes of
this Act.
Sec. 327. Timber Sales Pipeline Restoration Funds.--(a) The
Secretary of Agriculture and the Secretary of the Interior shall each
establish a Timber Sales Pipeline Restoration Fund (hereinafter
``Agriculture Fund'' and ``Interior Fund'' or ``Funds''). Any revenues
received from sales released under section 2001(k) of the fiscal year
1995 Supplemental Appropriations for Disaster Assistance and
Rescissions Act, minus the funds necessary to make payments to States
or local governments under other law concerning the distribution of
revenues derived from the affected lands, which are in excess of
$37,500,000 (hereinafter ``excess revenues'') shall be deposited into
the Funds. The distribution of excess revenues between the Agriculture
Fund and Interior Fund shall be calculated by multiplying the total of
excess revenues times a fraction with a denominator of the total
revenues received from all sales released under such section 2001(k)
and numerators of the total revenues received from such sales on lands
within the National Forest System and the total revenues received from
such sales on lands administered by the Bureau of Land Management,
respectively: Provided, That revenues or portions thereof from sales
released under such section 2001(k), minus the amounts necessary for
State and local government payments and other necessary deposits, may
be deposited into the Funds immediately upon receipt thereof and
subsequently redistributed between the Funds or paid into the United
States Treasury as miscellaneous receipts as may be required when the
calculation of excess revenues is made.
(b)(1) From the funds deposited into the Agriculture Fund and into
the Interior Fund pursuant to subsection (a)--
(A) seventy-five percent shall be available, without fiscal
year limitation or further appropriation, for preparation of
timber sales, other than salvage sales as defined in section
2001(a)(3) of the fiscal year 1995 Supplemental Appropriations
for Disaster Assistance and Rescissions Act, which--
(i) are situated on lands within the National
Forest System and lands administered by the Bureau of
Land Management, respectively; and
(ii) are in addition to timber sales for which
funds are otherwise available in this Act or other
appropriations Acts; and
(B) twenty-five percent shall be available, without fiscal
year limitation or further appropriation, to expend on the
backlog of recreation projects on lands within the National
Forest System and lands administered by the Bureau of Land
Management, respectively.
(2) Expenditures under this subsection for preparation of timber
sales may include expenditures for Forest Service activities within the
forest land management budget line item and associated timber roads,
and Bureau of Land Management activities within the Oregon and
California grant lands account and the forestry management area
account, as determined by the Secretary concerned.
(c) Revenues received from any timber sale prepared under
subsection (b) or under this subsection, minus the amounts necessary
for State and local government payments and other necessary deposits,
shall be deposited into the Fund from which funds were expended on such
sale. Such deposited revenues shall be available for preparation of
additional timber sales and completion of additional recreation
projects in accordance with the requirements set forth in subsection
(b).
(d) The Secretary concerned shall terminate all payments into the
Agriculture Fund or the Interior Fund, and pay any unobligated funds in
the affected Fund into the United States Treasury as miscellaneous
receipts, whenever the Secretary concerned makes a finding, published
in the Federal Register, that sales sufficient to achieve the total
allowable sales quantity of the National Forest System for the Forest
Service or the allowable sales level for the Oregon and California
grant lands for the Bureau of Land Management, respectively, have been
prepared.
(e) Any timber sales prepared and recreation projects completed
under this section shall comply with all applicable environmental and
natural resource laws and regulations.
(f) The Secretary concerned shall report annually to the Committees
on Appropriations of the United States Senate and the House of
Representatives on expenditures made from the Fund for timber sales and
recreation projects, revenues received into the Fund from timber sales,
and timber sale preparation and recreation project work undertaken
during the previous year and projected for the next year under the
Fund. Such information shall be provided for each Forest Service region
and Bureau of Land Management State office.
(g) The authority of this section shall terminate upon the
termination of both Funds in accordance with the provisions of
subsection (d).
Sec. 328. Of the funds provided to the National Endowment for the
Arts:
(a) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(b) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or regional group, may be used to make a grant to
any other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in this
subsection shall prohibit payments made in exchange for goods
and services.
(c) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
Sec. 329. Delay in Implementation of the Administration's Rangeland
Reform Program.--None of the funds made available under this or any
other Act may be used to implement or enforce the final rule published
by the Secretary of the Interior on February 22, 1995 (60 Fed. Reg.
9894), making amendments to parts 4, 1780, and 4100 of title 43, Code
of Federal Regulations, to take effect August 21, 1995, until November
21, 1995. None of the funds made available under this or any other Act
may be used to publish proposed or enforce final regulations governing
the management of livestock grazing on lands administered by the Forest
Service until November 21, 1995.
Sec. 330. Section 1864 of title 18, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``twenty'' and
inserting ``40'';
(B) in paragraph (3), by striking ``ten'' and
inserting ``20'';
(C) in paragraph (4), by striking ``if damage
exceeding $10,000 to the property of any individual
results,'' and inserting ``if damage to the property of
any individual results or if avoidance costs have been
incurred exceeding $10,000, in the aggregate,''; and
(D) in paragraph (4), by striking ``ten'' and
inserting ``20'';
(2) in subsection (c) by striking ``ten'' and inserting
``20'';
(3) in subsection (d), by--
(A) striking ``and'' at the end of paragraph (2);
(B) striking the period at the end of paragraph (3)
and inserting ``; and''; and
(C) adding at the end the following:
``(4) the term `avoidance costs' means costs incurred by
any individual for the purpose of--
``(A) detecting a hazardous or injurious device; or
``(B) preventing death, serious bodily injury,
bodily injury, or property damage likely to result from
the use of a hazardous or injurious device in violation
of subsection (a).''; and
(4) by adding at the end thereof the following:
``(e) Any person injured as the result of a violation of subsection
(a) may commence a civil action on his own behalf against any person
who is alleged to be in violation of subsection (a). The district
courts shall have jurisdiction, without regard to the amount in
controversy or the citizenship of the parties, in such civil actions.
The court may award, in addition to monetary damages for any injury
resulting from an alleged violation of subsection (a), costs of
litigation, including reasonable attorney and expert witness fees, to
any prevailing or substantially prevailing party, whenever the court
determines such award is appropriate.''.
Sec. 331. (a) Purposes of National Endowment for the Arts.--Section
2 of the National Foundation on the Arts and the Humanities Act of
1965, as amended (20 U.S.C. 951), sets out findings and purposes for
which the National Endowment for the Arts was established, among which
are--
(1) ``The arts and humanities belong to all the people of
the United States'';
(2) ``The arts and humanities reflect the high place
accorded by the American people . . . to the fostering of
mutual respect for the diverse beliefs and values of all
persons and groups'';
(3) ``Public funding of the arts and humanities is subject
to the conditions that traditionally govern the use of public
money [and] such funding should contribute to public support
and confidence in the use of taxpayer funds''; and
(4) ``Public funds provided by the Federal Government must
ultimately serve public purposes the Congress defines''.
(b) Additional Congressional Findings.--Congress further finds and
declares that the use of scarce funds, which have been taken from all
taxpayers of the United States, to promote, disseminate, sponsor, or
produce any material or performance that--
(1) denigrates the religious objects or religious beliefs
of the adherents of a particular religion, or
(2) depicts or describes, in a patently offensive way,
sexual or excretory activities or organs,
is contrary to the express purposes of the National Foundation on the
Arts and the Humanities Act of 1965, as amended.
(c) Prohibition on Funding That Is Not Consistent With the Purposes
of the Act.--Notwithstanding any other provision of law, none of the
scarce funds which have been taken from all taxpayers of the United
States and made available under this Act to the National Endowment for
the Arts may be used to promote, disseminate, sponsor, or produce any
material or performance that--
(1) denigrates the religious objects or religious beliefs
of the adherents of a particular religion, or
(2) depicts or describes, in a patently offensive way,
sexual or excretory activities or organs,
and this prohibition shall be strictly applied without regard to the
content or viewpoint of the material or performance.
(d) Section Not To Affect Other Works.--Nothing in this section
shall be construed to affect in any way the freedom of any artist or
performer to create any material or performance using funds which have
not been made available under this Act to the National Endowment for
the Arts.
Sec. 332. For purposes related to the closure of the Bureau of
Mines, funds made available to the United States Geological Survey, the
United States Bureau of Mines, and the Bureau of Land Management shall
be available for transfer, with the approval of the Secretary of the
Interior, among the following accounts: United States Geological
Survey, Surveys, investigations, and research; Bureau of Mines, Mines
and minerals; and Bureau of Land Management, Management of lands and
resources. The Secretary of Energy shall reimburse the Secretary of the
Interior, in an amount to be determined by the Director of the Office
of Management and Budget, for the expenses of the transferred functions
between October 1, 1995 and the effective date of the transfers of
function. Such transfers shall be subject to the reprogramming
guidelines of the House and Senate Committees on Appropriations.
Sec. 333. No funds appropriated under this or any other Act
shall be used to review or modify sourcing areas previously approved
under section 490(c)(3) of the Forest Resources Conservation and
Shortage Relief Act of 1990 (Public Law 101-382) or to enforce or
implement Federal regulations 36 CFR part 223 promulgated on September
8, 1995. The regulations and interim rules in effect prior to September
8, 1995 (36 CFR 223.48, 36 CFR 223.87, 36 CFR 223 Subpart D, 36 CFR 223
Subpart F, and 36 CFR 261.6) shall remain in effect. The Secretary of
Agriculture or the Secretary of the Interior shall not adopt any
policies concerning Public Law 101-382 or existing regulations that
would restrain domestic transportation or processing of timber from
private lands or impose additional accountability requirements on any
timber. The Secretary of Commerce shall extend until September 30,
1996, the order issued under section 491(b)(2)(A) of Public Law 101-382
and shall issue an order under section 491(b)(2)(B) of such law that
will be effective October 1, 1996.
Sec. 334. The National Park Service, in accordance with the
Memorandum of Agreement between the United States National Park Service
and the City of Vancouver dated November 4, 1994, shall permit general
aviation on its portion of Pearson Field in Vancouver, Washington until
the year 2022, during which time a plan and method for transitioning
from general aviation aircraft to historic aircraft shall be completed;
such transition to be accomplished by that date. This action shall not
be construed to limit the authority of the Federal Aviation
Administration over air traffic control or aviation activities at
Pearson Field or limit operations and airspace of Portland
International Airport.
Sec. 335. The United States Forest Service approval of
Alternative site 2 (ALT 2), issued on December 6, 1993, is hereby
authorized and approved and shall be deemed to be consistent with, and
permissible under, the terms of Public Law 100-696 (the Arizona-Idaho
Conservation Act of 1988).
Sec. 336. Obligations for travel expenses in fiscal year
1996, for each appropriation account in this Act, may not exceed 90
percentum of fiscal year 1995 obligations for administrative travel and
for travel by supervisory and non-career personnel and may not exceed
100 percentum of fiscal year 1995 obligations for program-essential
travel.
Sec. 337. The number of employees detailed to and within
Departmental Management in the Department of the Interior may not
exceed the number of employees detailed to and within the Office of the
Secretary in fiscal year 1995.
Sec. 338. Upon enactment of this Act, all funds obligated in fiscal
year 1996 under ``Salaries and expenses'', Pennsylvania Avenue
Development Corporation are to be offset by unobligated balances made
available under this Act under the account ``Public development'',
Pennsylvania Avenue Development Corporation and all funds obligated in
fiscal year 1996 under ``International forestry'', Forest Service are
to be offset by funds made available under this Act under the account
``National forest system'', Forest Service.
Sec. 339. (a) Notwithstanding any other provision of law, in order
to avoid or minimize the need for involuntary separations due to a
reduction in force, reorganizations, transfer of function, or other
similar action, the Secretary of the Smithsonian Institution may pay,
or authorize the payment of, voluntary separation incentive payments to
Smithsonian Institution employees who separate from Federal service
voluntarily during fiscal years 1996 and 1997 (whether by retirement or
resignation).
(b) A voluntary separation incentive payment--
(1) shall be paid in a lump sum after the employee's
separation in an amount to be determined by the Secretary, but
shall not exceed $25,000;
(2) shall not be a basis for payment, and shall not be
included in the computation, of any other type of benefit; and
(3) shall be paid from appropriations available for the
payment of the basic pay of the employee.
(c)(1) An employee who has received a voluntary separation
incentive payment under this section and accepts employment with any
agency or instrumentality of the United States within 5 years after the
date of the separation on which the payment is based shall be required
to repay the entire amount of the incentive payment to the Smithsonian
Institution.
(2) The repayment required by paragraph (1) may be waived only by
the Secretary.
(3) For purposes of paragraph (1) (but not paragraph (2)), the term
``employment'' includes employment under a personal services contract
with the United States.
(d) In addition to any other payments which it is required to make
under subchapter III of chapter 83 of title 5, United States Code, the
Smithsonian shall remit to the Office of Personnel Management for
deposit in the Treasury of the United States to the credit of the Civil
Service Retirement and Disability Fund an amount equal to 15 percent of
the final basic pay of each employee of the Smithsonian to whom a
voluntary separation incentive payment has been paid.
This Act may be cited as the ``Department of the Interior and
Related Agencies Appropriations Act, 1996''.
(c) Such amounts as may be necessary for programs, projects or
activities provided for in the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1996,
at a rate of operations and to the extent and in the manner provided
for, the provisions of such Act to be effective as if it had been
enacted into law as the regular appropriations Act, as follows:
AN ACT
Making appropriations for the Departments of Labor, Health and
Human Services, and Education, and related agencies for the fiscal year
ending September 30, 1996, and for other purposes.
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For expenses necessary to carry into effect the Job Training
Partnership Act, as amended, including the purchase and hire of
passenger motor vehicles, the construction, alteration, and repair of
buildings and other facilities, and the purchase of real property for
training centers as authorized by the Job Training Partnership Act;
title II of the Civil Rights Act of 1991; the Women in Apprenticeship
and Nontraditional Occupations Act; National Skill Standards Act of
1994; and the School-to-Work Opportunities Act; $3,108,978,000 plus
reimbursements, of which $2,891,759,000 is available for obligation for
the period July 1, 1996 through June 30, 1997; of which $121,467,000 is
available for the period July 1, 1996 through June 30, 1999 for
necessary expenses of construction, rehabilitation, and acquisition of
Job Corps centers; and of which $95,000,000 shall be available from
July 1, 1996 through September 30, 1997, for carrying out activities of
the School-to-Work Opportunities Act: Provided, That $52,502,000 shall
be for carrying out section 401 of the Job Training Partnership Act,
$69,285,000 shall be for carrying out section 402 of such Act,
$7,300,000 shall be for carrying out section 441 of such Act,
$8,000,000 shall be for all activities conducted by and through the
National Occupational Information Coordinating Committee under such
Act, $745,700,000 shall be for carrying out title II, part A of such
Act, $126,672,000 shall be for carrying out title II, part C of such
Act and $5,000,000 shall be for employment-related activities of the
1996 Paralympic Games: Provided further, That no funds from any other
appropriation shall be used to provide meal services at or for Job
Corps centers: Provided further, That notwithstanding any other
provision of law, the Secretary of Labor may waive any of the
requirements contained in sections 4, 104, 105, 107, 108, 121, 164,
204, 253, 254, 264, 301, 311, 313, 314, and 315 of the Job Training
Partnership Act in order to assist States in improving State workforce
development systems, pursuant to a request submitted by a State that
has prior to the date of enactment of this Act executed a Memorandum of
Understanding with the United States requiring such State to meet
agreed upon outcomes: Provided further, That funds used from this Act
to carry out title III of the Job Training Partnership Act shall not be
subject to the limitation contained in subsection (b) of section 315 of
such Act; that the waiver allowing a reduction in the cost limitation
relating to retraining services described in subsection (a)(2) of such
section 315 may be granted with respect to funds from this Act if a
substate grantee demonstrates to the Governor that such waiver is
appropriate due to the availability of low-cost retraining services, is
necessary to facilitate the provision of needs-related payments to
accompany long-term training, or is necessary to facilitate the
provision of appropriate basic readjustment services and that funds
used from this Act to carry out the Secretary's discretionary grants
under part B of such title III may be used to provide needs-related
payments to participants who, in lieu of meeting the requirements
relating to enrollment in training under section 314(e) of such Act,
are enrolled in training by the end of the sixth week after funds have
been awarded: Provided further, That service delivery areas may
transfer funding provided herein under authority of title II-C of the
Job Training Partnership Act to the program authorized by title II-B of
that Act, if such transfer is approved by the Governor: Provided
further, That service delivery areas and substate areas may transfer
funding provided herein under authority of title II and title III of
the Job Training Partnership Act between the programs authorized by
those titles of the Act, if such transfer is approved by the Governor:
Provided further, That, notwithstanding any other provision of law, any
proceeds from the sale of Job Corps Center facilities shall be retained
by the Secretary of Labor to carry out the Job Corps program.
community service employment for older americans
To carry out the activities for national grants or contracts with
public agencies and public or private nonprofit organizations under
paragraph (1)(A) of section 506(a) of title V of the Older Americans
Act of 1965, as amended, or to carry out older worker activities as
subsequently authorized, $227,500,000.
To carry out the activities for grants to States under paragraph
(3) of section 506(a) of title V of the Older Americans Act of 1965, as
amended, or to carry out older worker activities as subsequently
authorized, $122,500,000.
federal unemployment benefits and allowances
For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I, and for training, for
allowances for job search and relocation, and for related State
administrative expenses under part II, subchapters B and D, chapter 2,
title II of the Trade Act of 1974, as amended, $346,100,000, together
with such amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to September 15 of
the current year.
state unemployment insurance and employment service operations
For activities authorized by the Act of June 6, 1933, as amended
(29 U.S.C. 49-49l-1; 39 U.S.C. 3202(a)(1)(E)); title III of the Social
Security Act, as amended (42 U.S.C. 502-504); necessary administrative
expenses for carrying out 5 U.S.C. 8501-8523, and sections 225, 231-
235, 243-244, and 250(d)(1), 250(d)(3), title II of the Trade Act of
1974, as amended; as authorized by section 7c of the Act of June 6,
1933, as amended, necessary administrative expenses under sections
101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3), (n)(1), and 218(g) (1),
(2), and (3), and 258(c) of the Immigration and Nationality Act, as
amended (8 U.S.C. 1101 et seq.); necessary administrative expenses to
carry out section 221(a) of the Immigration Act of 1990, $117,328,000,
together with not to exceed $3,104,194,000 (including not to exceed
$1,653,000 which may be used for amortization payments to States which
had independent retirement plans in their State employment service
agencies prior to 1980, and including not to exceed $2,000,000 which
may be obligated in contracts with non-State entities for activities
such as occupational and test research activities which benefit the
Federal-State Employment Service System), which may be expended from
the Employment Security Administration account in the Unemployment
Trust Fund, and of which the sums available in the allocation for
activities authorized by title III of the Social Security Act, as
amended (42 U.S.C. 502-504), and the sums available in the allocation
for necessary administrative expenses for carrying out 5 U.S.C. 8501-
8523, shall be available for obligation by the States through December
31, 1996, except that funds used for automation acquisitions shall be
available for obligation by States through September 30, 1998; and of
which $115,452,000, together with not to exceed $738,283,000 of the
amount which may be expended from said trust fund shall be available
for obligation for the period July 1, 1996, through June 30, 1997, to
fund activities under the Act of June 6, 1933, as amended, including
the cost of penalty mail made available to States in lieu of allotments
for such purpose, and of which $216,333,000 shall be available only to
the extent necessary for additional State allocations to administer
unemployment compensation laws to finance increases in the number of
unemployment insurance claims filed and claims paid or changes in a
State law: Provided, That to the extent that the Average Weekly Insured
Unemployment (AWIU) for fiscal year 1996 is projected by the Department
of Labor to exceed 2.785 million, an additional $28,600,000 shall be
available for obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than 100,000) from
the Employment Security Administration Account of the Unemployment
Trust Fund: Provided further, That funds appropriated in this Act which
are used to establish a national one-stop career center network may be
obligated in contracts, grants or agreements with non-State entities:
Provided further, That funds appropriated under this Act for activities
authorized under the Wagner-Peyser Act, as amended, and title III of
the Social Security Act, may be used by the States to fund integrated
Employment Service and Unemployment Insurance automation efforts,
notwithstanding cost allocation principles prescribed under Office of
Management and Budget Circular A-87.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, as amended, and
to the Black Lung Disability Trust Fund as authorized by section
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for
nonrepayable advances to the Unemployment Trust Fund as authorized by
section 8509 of title 5, United States Code, and section 104(d) of
Public Law 102-164, and section 5 of Public Law 103-6, and to the
``Federal unemployment benefits and allowances'' account, to remain
available until September 30, 1997, $369,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
1996, for costs incurred by the Black Lung Disability Trust Fund in the
current fiscal year, such sums as may be necessary.
advances to the employment security administration account of the
unemployment trust fund
(rescission)
Amounts remaining unobligated under this heading as of September
30, 1995, are hereby rescinded.
payments to the unemployment trust fund and other funds
(rescission)
Of the amounts remaining unobligated under this heading as of
September 30, 1995, $250,000,000 are hereby rescinded.
program administration
For expenses of administering employment and training programs and
for carrying out section 908 of the Social Security Act, $83,054,000,
together with not to exceed $40,793,000, which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund.
Pension and Welfare Benefits Administration
salaries and expenses
For necessary expenses for Pension and Welfare Benefits
Administration, $65,198,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation is authorized to make such
expenditures, including financial assistance authorized by section 104
of Public Law 96-364, within limits of funds and borrowing authority
available to such Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended (31 U.S.C. 9104), as may be necessary in carrying out the
program through September 30, 1996, for such Corporation: Provided,
That not to exceed $10,603,000 shall be available for administrative
expenses of the Corporation: Provided further, That expenses of such
Corporation in connection with the collection of premiums, the
termination of pension plans, for the acquisition, protection or
management, and investment of trust assets, and for benefits
administration services shall be considered as non-administrative
expenses for the purposes hereof, and excluded from the above
limitation.
Employment Standards Administration
salaries and expenses
For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $254,756,000, together with
$978,000 which may be expended from the Special Fund in accordance with
sections 39(c) and 44(j) of the Longshore and Harbor Workers'
Compensation Act: Provided, That the Secretary of Labor is authorized
to accept, retain, and spend, until expended, in the name of the
Department of Labor, all sums of money ordered to be paid to the
Secretary of Labor, in accordance with the terms of the Consent
Judgment in Civil Action No. 91-0027 of the United States District
Court for the District of the Northern Mariana Islands (May 21, 1992):
Provided further, That the Secretary of Labor is authorized to
establish and, in accordance with 31 U.S.C. 3302, collect and deposit
in the Treasury fees for processing applications and issuing
certificates under sections 11(d) and 14 of the Fair Labor Standards
Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing
applications and issuing registrations under Title I of the Migrant and
Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1801 et seq.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior
fiscal year authorized by title 5, chapter 81 of the United States
Code; continuation of benefits as provided for under the head
``Civilian War Benefits'' in the Federal Security Agency Appropriation
Act, 1947; the Employees' Compensation Commission Appropriation Act,
1944; and sections 4(c) and 5(f) of the War Claims Act of 1948 (50
U.S.C. App. 2012); and 50 per centum of the additional compensation and
benefits required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, as amended, $218,000,000 together with such amounts
as may be necessary to be charged to the subsequent year appropriation
for the payment of compensation and other benefits for any period
subsequent to August 15 of the current year: Provided, That such sums
as are necessary may be used under section 8104 of title 5, United
States Code, by the Secretary to reimburse an employer, who is not the
employer at the time of injury, for portions of the salary of a
reemployed, disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 1995, shall remain
available until expended for the payment of compensation, benefits, and
expenses: Provided further, That in addition there shall be transferred
to this appropriation from the Postal Service and from any other
corporation or instrumentality required under section 8147(c) of title
5, United States Code, to pay an amount for its fair share of the cost
of administration, such sums as the Secretary of Labor determines to be
the cost of administration for employees of such fair share entities
through September 30, 1996: Provided further, That of those funds
transferred to this account from the fair share entities to pay the
cost of administration, $19,383,000 shall be made available to the
Secretary of Labor for expenditures relating to capital improvements in
support of Federal Employees' Compensation Act administration, and the
balance of such funds shall be paid into the Treasury as miscellaneous
receipts: Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits under
Subchapter 5, U.S.C., chapter 81, or under subchapter 33, U.S.C. 901,
et seq. (the Longshore and Harbor Workers' Compensation Act, as
amended), provide as part of such notice and claim, such identifying
information (including Social Security account number) as such
regulations may prescribe.
black lung disability trust fund
(including transfer of funds)
For payments from the Black Lung Disability Trust Fund,
$996,763,000, of which $949,494,000 shall be available until September
30, 1997, for payment of all benefits as authorized by section 9501(d)
(1), (2), (4), and (7), of the Internal Revenue Code of 1954, as
amended, and interest on advances as authorized by section 9501(c)(2)
of that Act, and of which $27,350,000 shall be available for transfer
to Employment Standards Administration, Salaries and Expenses, and
$19,621,000 for transfer to Departmental Management, Salaries and
Expenses, and $298,000 for transfer to Departmental Management, Office
of Inspector General, for expenses of operation and administration of
the Black Lung Benefits program as authorized by section 9501(d)(5)(A)
of that Act: Provided, That in addition, such amounts as may be
necessary may be charged to the subsequent year appropriation for the
payment of compensation, interest, or other benefits for any period
subsequent to August 15 of the current year: Provided further, That in
addition such amounts shall be paid from this fund into miscellaneous
receipts as the Secretary of the Treasury determines to be the
administrative expenses of the Department of the Treasury for
administering the fund during the current fiscal year, as authorized by
section 9501(d)(5)(B) of that Act.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $280,000,000 including not to exceed $65,319,000 which
shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act, which grants
shall be no less than fifty percent of the costs of State occupational
safety and health programs required to be incurred under plans approved
by the Secretary under section 18 of the Occupational Safety and Health
Act of 1970; and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up to $750,000
per fiscal year of training institute course tuition fees, otherwise
authorized by law to be collected, and may utilize such sums for
occupational safety and health training and education grants: Provided,
That none of the funds appropriated under this paragraph shall be
obligated or expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Occupational Safety and
Health Act of 1970 which is applicable to any person who is engaged in
a farming operation which does not maintain a temporary labor camp and
employs ten or fewer employees: Provided further, That no funds
appropriated under this paragraph shall be obligated or expended to
administer or enforce any standard, rule, regulation, or order under
the Occupational Safety and Health Act of 1970 with respect to any
employer of ten or fewer employees who is included within a category
having an occupational injury lost workday case rate, at the most
precise Standard Industrial Classification Code for which such data are
published, less than the national average rate as such rates are most
recently published by the Secretary, acting through the Bureau of Labor
Statistics, in accordance with section 24 of that Act (29 U.S.C. 673),
except--
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for
exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs ten or fewer employees.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $196,673,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles; the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private; the
Mine Safety and Health Administration is authorized to promote health
and safety education and training in the mining community through
cooperative programs with States, industry, and safety associations;
and any funds available to the Department may be used, with the
approval of the Secretary, to provide for the costs of mine rescue and
survival operations in the event of a major disaster: Provided, That
none of the funds appropriated under this paragraph shall be obligated
or expended to carry out section 115 of the Federal Mine Safety and
Health Act of 1977 or to carry out that portion of section 104(g)(1) of
such Act relating to the enforcement of any training requirements, with
respect to shell dredging, or with respect to any sand, gravel, surface
stone, surface clay, colloidal phosphate, or surface limestone mine.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $292,462,000, of
which $11,549,000 shall be for expenses of revising the Consumer Price
Index and shall remain available until September 30, 1997, together
with not to exceed $49,997,000, which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund.
Departmental Management
salaries and expenses
For necessary expenses for Departmental Management, including the
hire of three sedans, and including up to $4,358,000 for the
President's Committee on Employment of People With Disabilities,
$135,997,000; together with not to exceed $303,000, which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
working capital fund
The language under this heading in Public Law 85-67, as amended, is
further amended by adding the following before the last period: ``:
Provided further, That within the Working Capital Fund, there is
established an Investment in Reinvention Fund (IRF), which shall be
available to invest in projects of the Department designed to produce
measurable improvements in agency efficiency and significant taxpayer
savings. Notwithstanding any other provision of law, the Secretary of
Labor may retain up to $3,900,000 of the unobligated balances in the
Department's annual Salaries and Expenses accounts as of September 30,
1995, and transfer those amounts to the IRF to provide the initial
capital for the IRF, to remain available until expended, to make loans
to agencies of the Department for projects designed to enhance
productivity and generate cost savings. Such loans shall be repaid to
the IRF no later than September 30 of the fiscal year following the
fiscal year in which the project is completed. Such repayments shall be
deposited in the IRF, to be available without further appropriation
action.''
assistant secretary for veterans employment and training
Not to exceed $170,390,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4110A and 4321-4327, and Public
Law 103-353, and which shall be available for obligation by the States
through December 31, 1996.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $44,426,000, together with not to exceed $3,615,000, which may
be expended from the Employment Security Administration account in the
Unemployment Trust Fund.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in this title for the Job
Corps shall be used to pay the compensation of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of $125,000.
Sec. 102. Section 427(c) of the Job Training Partnership Act, as
amended, is repealed.
(transfer of funds)
Sec. 103. Not to exceed 1 percent of any appropriation made
available for the current fiscal year for the Department of Labor in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfers: Provided, That the Appropriations Committees of both Houses
of Congress are notified at least fifteen days in advance of any
transfers.
Sec. 104. None of the funds made available in this Act may be used
by the Occupational Safety and Health Administration directly or
through section 23(g) of the Occupational Safety and Health Act for the
development, promulgation or issuance of any proposed or final standard
or guideline regarding ergonomic protection or recording and reporting
occupational injuries and illnesses directly related thereto.
This title may be cited as the ``Department of Labor Appropriations
Act, 1996''.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For carrying out titles II, III, VII, VIII, X, XVI, XIX, and XXVI
of the Public Health Service Act, section 427(a) of the Federal Coal
Mine Health and Safety Act, title V of the Social Security Act, the
Health Care Quality Improvement Act of 1986, as amended, and Public Law
101-527, $3,052,752,000, of which $379,500,000 shall be for part A of
title XXVI of the Public Health Service Act and $250,147,000 shall be
for part B of title XXVI (including $52,000,000 which shall be
available only for section 2616) of the Public Health Service Act, and
of which $411,000 shall remain available until expended for interest
subsidies on loan guarantees made prior to fiscal year 1981 under part
B of title VII of the Public Health Service Act: Provided, That the
Division of Federal Occupational Health may utilize personal services
contracting to employ professional management/administrative, and
occupational health professionals: Provided further, That of the funds
made available under this heading, $858,000 shall be available until
expended for facilities renovations at the Gillis W. Long Hansen's
Disease Center: Provided further, That in addition to fees authorized
by section 427(b) of the Health Care Quality Improvement Act of 1986,
fees shall be collected for the full disclosure of information under
the Act sufficient to recover the full costs of operating the National
Practitioner Data Bank, and shall remain available until expended to
carry out that Act: Provided further, That no more than $5,000,000 is
available for carrying out the provisions of Public Law 102-501, as
amended: Provided further, That of the funds made available under this
heading, $193,349,000 shall be for the program under title X of the
Public Health Service Act to provide for voluntary family planning
projects: Provided further, That amounts provided to said projects
under such title shall not be expended for abortions, that all
pregnancy counseling shall be nondirective, and that such amounts shall
not be expended for any activity (including the publication or
distribution of literature) that in any way tends to promote public
support or opposition to any legislative proposal or candidate for
public office: Provided further, That notwithstanding any other
provision of law, funds made available under this heading may be used
to continue operating the Council on Graduate Medical Education
established by section 301 of Public Law 102-408: Provided further,
That funds made available under this heading for activities authorized
by part A of title XXVI of the Public Health Service Act are available
only for those metropolitan areas previously funded under Public Law
103-333 or with a cumulative total of more than 2,000 cases of AIDS, as
reported to the Centers for Disease Control and Prevention as of March
31, 1995, and have a population of 500,000 or more.
medical facilities guarantee and loan fund
federal interest subsidies for medical facilities
For carrying out subsections (d) and (e) of section 1602 of the
Public Health Service Act, $8,000,000, together with any amounts
received by the Secretary in connection with loans and loan guarantees
under title VI of the Public Health Service Act, to be available
without fiscal year limitation for the payment of interest subsidies.
During the fiscal year, no commitments for direct loans or loan
guarantees shall be made.
health education assistance loans program
For the cost of guaranteed loans, such sums as may be necessary to
carry out the purpose of the program, as authorized by title VII of the
Public Health Service Act, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize gross obligations for the
total loan principal any part of which is to be guaranteed at not to
exceed $210,000,000. In addition, for administrative expenses to carry
out the guaranteed loan program, $2,688,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $3,000,000 shall
be available from the Trust Fund to the Secretary of Health and Human
Services.
vaccine injury compensation
For payment of claims resolved by the United States Court of
Federal Claims related to the administration of vaccines before October
1, 1988, $110,000,000, to remain available until expended.
Centers for Disease Control and Prevention
disease control, research, and training
(rescission)
Of the amounts made available under this heading in Public Law 103-
333, Public Law 103-112, and Public Law 102-394 for immunization
activities, $53,000,000 are hereby rescinded: Provided, That the
Director may redirect the total amount made available under authority
of Public Law 101-502, dated November 3, 1990, to activities the
Director may so designate: Provided further, That the Congress is to be
notified promptly of any such transfer.
Substance Abuse and Mental Health Services Administration
substance abuse and mental health services
For carrying out titles V and XIX of the Public Health Service Act
with respect to substance abuse and mental health services, the
Protection and Advocacy for Mentally Ill Individuals Act of 1986, and
section 301 of the Public Health Service Act with respect to program
management, $1,883,715,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, and for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments
pursuant to section 229(b) of the Social Security Act (42 U.S.C.
429(b)), such amounts as may be required during the current fiscal
year.
Agency for Health Care Policy and Research
health care policy and research
For carrying out titles III and IX of the Public Health Service
Act, and part A of title XI of the Social Security Act, $94,186,000; in
addition, amounts received from Freedom of Information Act fees,
reimbursable and interagency agreements, and the sale of data tapes
shall be credited to this appropriation and shall remain available
until expended: Provided, That the amount made available pursuant to
section 926(b) of the Public Health Service Act shall not exceed
$31,124,000.
Health Care Financing Administration
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $55,094,355,000, to remain available until
expended.
For making, after May 31, 1996, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 1996 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States under title XIX of the Social
Security Act for the first quarter of fiscal year 1997,
$26,155,350,000, to remain available until expended.
Payment under title XIX may be made for any quarter with respect to
a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under sections
217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d)
of the Social Security Amendments of 1965, section 278(d) of Public Law
97-248, and for administrative expenses incurred pursuant to section
201(g) of the Social Security Act, $63,313,000,000.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
and XIX of the Social Security Act, and title XIII of the Public Health
Service Act, the Clinical Laboratory Improvement Amendments of 1988,
and section 4005(e) of Public Law 100-203, not to exceed
$1,734,810,000, together with all funds collected in accordance with
section 353 of the Public Health Service Act, the latter funds to
remain available until expended; together with such sums as may be
collected from authorized user fees and the sale of data, which shall
remain available until expended; the $1,734,810,000, to be transferred
to this appropriation as authorized by section 201(g) of the Social
Security Act, from the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds: Provided, That all funds
derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the Public Health Service Act are to be
credited to this appropriation.
health maintenance organization loan and loan guarantee fund
For carrying out subsections (d) and (e) of section 1308 of the
Public Health Service Act, any amounts received by the Secretary in
connection with loans and loan guarantees under title XIII of the
Public Health Service Act, to be available without fiscal year
limitation for the payment of outstanding obligations. During fiscal
year 1996, no commitments for direct loans or loan guarantees shall be
made.
Administration for Children and Families
family support payments to states
For making payments to States or other non-Federal entities, except
as otherwise provided, under titles I, IV-A (other than section
402(g)(6)) and D, X, XI, XIV, and XVI of the Social Security Act, and
the Act of July 5, 1960 (24 U.S.C. ch. 9), $13,614,307,000, to remain
available until expended.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-A and D, X, XI,
XIV, and XVI of the Social Security Act, for the last three months of
the current year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
For making payments to States or other non-Federal entities under
titles I, IV-A (other than section 402(g)(6)) and D, X, XI, XIV, and
XVI of the Social Security Act and the Act of July 5, 1960 (24 U.S.C.
ch. 9) for the first quarter of fiscal year 1997, $4,800,000,000, to
remain available until expended.
job opportunities and basic skills
For carrying out aid to families with dependent children work
programs, as authorized by part F of title IV of the Social Security
Act, $1,000,000,000.
low income home energy assistance
(rescission)
Of the funds made available beginning on October 1, 1995 under this
heading in Public Law 103-333, $100,000,000 are hereby rescinded.
refugee and entrant assistance
For making payments for refugee and entrant assistance activities
authorized by title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980 (Public Law
96-422), $397,872,000: Provided, That funds appropriated pursuant to
section 414(a) of the Immigration and Nationality Act under Public Law
103-112 for fiscal year 1994 shall be available for the costs of
assistance provided and other activities conducted in such year and in
fiscal years 1995 and 1996.
child care and development block grant
For carrying out sections 658A through 658R of the Omnibus Budget
Reconciliation Act of 1981 (The Child Care and Development Block Grant
Act of 1990), $934,642,000, which shall be available for obligation
under the same statutory terms and conditions applicable in the prior
fiscal year.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $2,520,000,000: Provided, That notwithstanding section
2003(c) of such Act, the amount specified for allocation under such
section for fiscal year 1996 shall be $2,520,000,000.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance and Bill
of Rights Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, the Family Violence Prevention and Services Act, the
Native American Programs Act of 1974, title II of Public Law 95-266
(adoption opportunities), the Temporary Child Care for Children with
Disabilities and Crisis Nurseries Act of 1986, the Abandoned Infants
Assistance Act of 1988, and part B(1) of title IV of the Social
Security Act; for making payments under the Community Services Block
Grant Act ($435,463,000); and for necessary administrative expenses to
carry out said Acts and titles I, IV, X, XI, XIV, XVI, and XX of the
Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the
Omnibus Budget Reconciliation Act of 1981, title IV of the Immigration
and Nationality Act, section 501 of the Refugee Education Assistance
Act of 1980, and section 126 and titles IV and V of Public Law 100-485,
$4,694,222,000: Provided, That to the extent Community Services Block
Grant funds are distributed as grant funds by a State to an eligible
entity as provided under the Act, and have not been expended by such
entity, they shall remain with such entity for carry-over into the next
fiscal year for expenditure by such entity consistent with program
purposes.
In addition, $21,358,000, to be derived from the Violent Crime
Reduction Trust Fund, for carrying out sections 40155, 40211, 40241,
and 40251 of Public Law 103-322.
family preservation and support
For carrying out section 430 of the Social Security Act,
$225,000,000.
payments to states for foster care and adoption assistance
For making payments to States or other non-Federal entities, under
title IV-E of the Social Security Act, $4,322,238,000.
Administration on Aging
aging services programs
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, as amended, $801,232,000.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six medium sedans, and for
carrying out titles III, XVII, and XX of the Public Health Service Act,
$136,499,000, together with $6,628,000, to be transferred and expended
as authorized by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental Medical Insurance
Trust Fund: Provided, That of the funds made available under this
heading for carrying out title XVII of the Public Health Service Act,
$7,500,000 shall be available until expended for extramural
construction.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $29,956,000, together with not to exceed $1,000,000, to be
transferred and expended as authorized by section 201(g)(1) of the
Social Security Act from the Hospital Insurance Trust Fund and the
Supplemental Medical Insurance Trust Fund.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$16,153,000, together with not to exceed $3,314,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Hospital Insurance Trust Fund and the Supplemental Medical
Insurance Trust Fund.
policy research
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act, $9,000,000.
GENERAL PROVISIONS
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $37,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. The Secretary shall make available through assignment not
more than 60 employees of the Public Health Service to assist in child
survival activities and to work in AIDS programs through and with funds
provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated under this Act may be used
to implement section 399L(b) of the Public Health Service Act or
section 1503 of the National Institutes of Health Revitalization Act of
1993, Public Law 103-43.
Sec. 204. None of the funds made available by this Act may be used
to withhold payment to any State under the Child Abuse Prevention and
Treatment Act by reason of a determination that the State is not in
compliance with section 1340.2(d)(2)(ii) of title 45 of the Code of
Federal Regulations. This provision expires upon the date of enactment
of the reauthorization of the Child Abuse Prevention and Treatment Act
or upon September 30, 1996, whichever occurs first.
Sec. 205. None of the funds appropriated in this or any other Act
for the National Institutes of Health and the Substance Abuse and
Mental Health Services Administration shall be used to pay the salary
of an individual, through a grant or other extramural mechanism, at a
rate in excess of $125,000 per year.
Sec. 206. Taps and other assessments made by any office located in
the Department of Health and Human Services shall be treated as a
reprogramming of funds except that this provision shall not apply to
assessments required by authorizing legislation, or related to working
capital funds or other fee-for-service activities. None of the funds
appropriated in this Act may be expended pursuant to section 241 of the
Public Health Service Act, except for funds specifically provided for
in this Act, prior to the Secretary's preparation and submission of a
report to the Committee on Appropriations of the Senate and of the
House detailing the planned uses of such funds.
(transfer of funds)
Sec. 207. Of the funds appropriated or otherwise made available for
the Department of Health and Human Services, General Departmental
Management, for fiscal year 1996, the Secretary of Health and Human
Services shall transfer to the Office of the Inspector General such
sums as may be necessary for any expenses with respect to the provision
of security protection for the Secretary of Health and Human Services.
Sec. 208. None of the funds appropriated in this Act may be
obligated or expended for the Federal Council on Aging under the Older
Americans Act or the Advisory Board on Child Abuse and Neglect under
the Child Abuse Prevention and Treatment Act.
(transfer of funds)
Sec. 209. Not to exceed 1 percent of any appropriation made
available for the current fiscal year for the Department of Health and
Human Services in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 3 percent by any such transfers: Provided, That the Appropriations
Committees of both Houses of Congress are notified at least fifteen
days in advance of any transfers.
Sec. 210. Of the funds provided for the account heading ``Disease
Control, Research, and Training'' in Public Law 104-91, $31,642,000, to
be derived from the Violent Crime Reduction Trust Fund, is hereby
available for carrying out sections 40151, 40261, and 40293 of Public
Law 103-322 notwithstanding any provision of Public Law 104-91.
(transfer of funds)
Sec. 211. The Director of the National Institutes of Health may
transfer funds made available for the National Institutes of Health
under Public Law 104-91 between the Institutes, Centers, and the
National Library of Medicine to carry out the purposes of part D of
title XXIII of the Public Health Service Act, provided that no
appropriation may be decreased by more than 2 percent by any such
transfers and that the Congress is promptly notified of the transfer.
Sec. 212. In fiscal year 1996, the National Library of Medicine may
enter into personal services contracts for the provision of services in
facilities owned, operated, or constructed under the jurisdiction of
the National Institutes of Health.
Sec. 213. Notwithstanding section 106 of Public Law 104-91,
appropriations for the National Institutes of Health and the Centers
for Disease Control and Prevention shall be available for fiscal year
1996 as specified in section 101 of Public Law 104-91.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 1996''.
TITLE III--DEPARTMENT OF EDUCATION
education reform
For carrying out activities authorized by titles II and III of the
School-to-Work Opportunities Act, $95,000,000 which shall become
available on July 1, 1996, and remain available through September 30,
1997.
education for the disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965, and section 418A of the Higher Education Act,
$6,049,113,000, of which $6,032,774,000 shall become available on July
1, 1996 and shall remain available through September 30, 1997:
Provided, That $4,949,505,000 shall be available for basic grants under
section 1124, which shall be allocated without regard to section
1124(d): Provided further, That up to $3,500,000 of these funds shall
be available to the Secretary on October 1, 1995 and shall remain
available through September 30, 1997, to obtain updated local-
educational-agency-level census poverty data from the Bureau of the
Census: Provided further, That $549,945,000 shall be available for
concentration grants under section 1124(A) and $3,370,000 shall be
available for evaluations under section 1501: Provided further, That no
funds shall be reserved under section 1003(a) of said Act.
impact aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $693,000,000, of which $583,011,000
shall be for basic support payments under section 8003(b), $40,000,000
shall be for payments for children with disabilities under section
8003(d), $50,000,000, to remain available until expended, shall be for
payments under section 8003(f), $5,000,000 shall be for construction
under section 8007, and $14,989,000 shall be for Federal property
payments under section 8002.
school improvement programs
For carrying out school improvement activities authorized by titles
II, IV-A-1, V-A, VI, section 7203, and titles IX, X and XIII of the
Elementary and Secondary Education Act of 1965; the Stewart B. McKinney
Homeless Assistance Act; and the Civil Rights Act of 1964; $946,227,000
of which $773,000,000 shall become available on July 1, 1996, and
remain available through September 30, 1997: Provided, That of the
amount appropriated, $275,000,000 shall be for Eisenhower professional
development State grants under title II-B and $275,000,000 shall be for
innovative education program strategies State grants under title VI-A:
Provided further, That not less than $3,000,000 shall be for innovative
programs under section 5111.
bilingual and immigrant education
For carrying out, to the extent not otherwise provided, bilingual
and immigrant education activities authorized by title VII of the
Elementary and Secondary Education Act, $150,000,000 of which
$50,000,000 shall be for immigrant education programs authorized by
part C: Provided, That State educational agencies may use all, or any
part of, their part C allocation for competitive grants to local
educational agencies: Provided further, That the Department of
Education should only support instructional programs which ensure that
students completely master English in a timely fashion (a period of
three to five years) while meeting rigorous achievement standards in
the academic content areas: Provided further, That no funds shall be
available for subpart 3 of part A.
special education
For carrying out parts B, C, D, E, F, G, and H and section
610(j)(2)(C) of the Individuals with Disabilities Education Act,
$3,245,447,000, of which $3,000,000,000 shall become available for
obligation on July 1, 1996, and shall remain available through
September 30, 1997.
rehabilitation services and disability research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Technology-Related Assistance for
Individuals with Disabilities Act, and the Helen Keller National Center
Act, as amended, $2,452,620,000, of which $4,500,000 shall be for
employment-related activities of the 1996 Paralympic Games.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, as amended (20 U.S.C.
101 et seq.), $6,680,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et
seq.), $42,180,000: Provided, That from the amount available, the
Institute may at its discretion use funds for the endowment program as
authorized under section 207.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986 (20 U.S.C. 4301 et seq.), $77,629,000: Provided, That from the
amount available, the University may at its discretion use funds for
the endowment program as authorized under section 207.
vocational and adult education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Vocational and Applied Technology Education Act, the Adult
Education Act, and the National Literacy Act of 1991, $1,257,134,000,
of which $4,869,000 shall be for the National Institute for Literacy;
and of which $1,254,215,000 shall become available on July 1, 1996 and
shall remain available through September 30, 1997: Provided, That of
the amounts made available under the Carl D. Perkins Vocational and
Applied Technology Education Act, $5,000,000 shall be for national
programs under title IV without regard to section 451 and $350,000
shall be for evaluations under section 346(b) of the Act.
student financial assistance
For carrying out subparts 1 and 3 of part A, part C, and part E of
title IV of the Higher Education Act of 1965, as amended,
$6,643,246,000, which shall remain available through September 30,
1997: Provided, That notwithstanding section 401(a)(1) of the Act,
there shall be not to exceed 3,650,000 Pell Grant recipients in award
year 1995-1996.
The maximum Pell Grant for which a student shall be eligible during
award year 1996-1997 shall be $2,440: Provided, That notwithstanding
section 401(g) of the Act, as amended, if the Secretary determines,
prior to publication of the payment schedule for award year 1996-1997,
that the $5,423,331,000 included within this appropriation for Pell
Grant awards for award year 1996-1997, and any funds available from the
fiscal year 1995 appropriation for Pell Grant awards, are insufficient
to satisfy fully all such awards for which students are eligible, as
calculated under section 401(b) of the Act, the amount paid for each
such award shall be reduced by either a fixed or variable percentage,
or by a fixed dollar amount, as determined in accordance with a
schedule of reductions established by the Secretary for this purpose.
federal family education loan program account
For Federal administrative expenses to carry out guaranteed student
loans authorized by title IV, part B, of the Higher Education Act, as
amended, $30,066,000.
higher education
For carrying out, to the extent not otherwise provided, parts A and
B of title III, without regard to section 360(a)(1)(B)(ii), and part A
of title IV, part E of title V, parts A, B, and C of title VI, title
VII, title IX, part A and subpart 1 of part B of title X, part A of
title XI of the Higher Education Act of 1965, as amended, Public Law
102-423 and the Mutual Educational and Cultural Exchange Act of 1961;
$836,964,000, of which $16,712,000 for interest subsidies under title
VII of the Higher Education Act, as amended, shall remain available
until expended.
howard university
For partial support of Howard University (20 U.S.C. 121 et seq.),
$174,671,000.
higher education facilities loans
The Secretary is hereby authorized to make such expenditures,
within the limits of funds available under this heading and in accord
with law, and to make such contracts and commitments without regard to
fiscal year limitation, as provided by section 104 of the Government
Corporation Control Act (31 U.S.C. 9104), as may be necessary in
carrying out the program for the current fiscal year.
college housing and academic facilities loans program
For administrative expenses to carry out the existing direct loan
program of college housing and academic facilities loans entered into
pursuant to title VII, part C, of the Higher Education Act, as amended,
$700,000.
college housing loans
Pursuant to title VII, part C of the Higher Education Act, as
amended, for necessary expenses of the college housing loans program,
previously carried out under title IV of the Housing Act of 1950, the
Secretary shall make expenditures and enter into contracts without
regard to fiscal year limitation using loan repayments and other
resources available to this account. Any unobligated balances becoming
available from fixed fees paid into this account pursuant to 12 U.S.C.
1749d, relating to payment of costs for inspections and site visits,
shall be available for the operating expenses of this account.
historically black college and university capital financing, program
account
The total amount of bonds insured pursuant to section 724 of title
VII, part B of the Higher Education Act shall not exceed $357,000,000,
and the cost, as defined in section 502 of the Congressional Budget Act
of 1974, of such bonds shall not exceed zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into pursuant
to title VII, part B of the Higher Education Act, as amended, $166,000.
education research, statistics, and improvement
For carrying out activities authorized by the Educational Research,
Development, Dissemination, and Improvement Act; the National Education
Statistics Act; section 2102, parts A, B, C, and D of title III, parts
A, B, I, K, and section 10601 of title X, part C of title XIII of the
Elementary and Secondary Education Act of 1965, as amended, and section
601 of Public Law 103-227, $328,268,000: Provided, That $4,000,000
shall be for section 10601 of the Elementary and Secondary Education
Act: Provided further, That $25,000,000 shall be for section 3136 (K-12
technology learning challenges) of the Elementary and Secondary
Education Act: Provided further, That none of the funds appropriated in
this paragraph may be obligated or expended for the Goals 2000
Community Partnerships Program.
libraries
For carrying out, to the extent not otherwise provided, titles I,
II, and III of the Library Services and Construction Act, and title II-
B of the Higher Education Act, $131,505,000, of which $16,369,000 shall
be used to carry out the provisions of title II of the Library Services
and Construction Act and shall remain available until expended.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of two passenger
motor vehicles, $327,319,000.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $55,451,000.
office of the inspector general
For expenses necessary for the Office of the Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $28,654,000.
headquarters renovation
For necessary expenses for the renovation of the Department of
Education headquarters building, $7,000,000, to remain available until
September 30, 1998.
GENERAL PROVISIONS
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation of
students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation of
any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home,
except for a student requiring special education, to the school
offering such special education, in order to comply with title VI of
the Civil Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes the
transportation of students to carry out a plan involving the
reorganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described in this
section does not include the establishment of magnet schools.
Sec. 303. No funds appropriated under this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
Sec. 304. No funds appropriated under this Act shall be made
available for opportunity to learn standards or strategies.
Sec. 305. Notwithstanding any other provision of law, funds
available under section 458 of the Higher Education Act shall not
exceed $260,000,000 for fiscal year 1996. The Department of Education
shall use such funds as follows: (i) $100,000,000 for the indirect
administrative expenses of the loan programs under part B and part D of
the Higher Education Act; (ii) $95,000,000 for administrative cost
allowances owed to guaranty agencies for fiscal year 1995 estimated at
$95,000,000; and (iii) administrative cost allowances to guaranty
agencies, to be paid quarterly, calculated on the basis of 0.85 percent
of the total principal amount of loans upon which insurance was issued
on or after October 1, 1995 by such guaranty agency. Receipt of such
funds and uses of such funds by guaranty agencies shall be in
accordance with section 428(f) of the Higher Education Act.
Notwithstanding any other provision of law, for fiscal year 1996
there shall be available to the Secretary from funds not otherwise
appropriated, funds to be obligated for subsidy costs for the William
D. Ford Direct Loan Program which represent the estimated long-term
cost to the Federal Government of direct administrative expenses
calculated on a net present value basis.
Notwithstanding section 458 of the Higher Education Act, the
Secretary may not use funds available under that section or any other
section for subsequent fiscal years for administrative expenses of the
William D. Ford Direct Loan Program. The Secretary may not require the
return of guaranty agency reserve funds during fiscal year 1996, except
after consultation with both the chairman and ranking member of the
House Economic and Educational Opportunities Committee and the Senate
Labor and Human Resources Committee. Any reserve funds recovered by the
Secretary shall be returned to the Treasury of the United States for
purposes of reducing the Federal debt.
No funds available to the Secretary may be used for (1) marketing,
advertising or promotion of the William D. Ford Direct Loan Program, or
for the hiring of advertising agencies or other third parties to
provide advertising services, or (2) payment of administrative fees
relating to the William D. Ford Direct Loan Program to institutions of
higher education, or (3) for purposes of conducting an evaluation of
the William D. Ford Direct Loan Program except as administered by the
Advisory Committee on Student Financial Assistance.
Notwithstanding any other provision of law, for academic year 1996-
1997 and for each succeeding academic year, loans made under part D of
the Higher Education Act, including Federal Direct Consolidation Loans,
shall represent not more than 40 percent of the new student loan volume
for such year, except that the Secretary shall not enter into an
agreement with an eligible institution that has not applied and been
accepted for participation in the direct loan program on or before
September 30, 1995.
Sec. 306. None of the funds appropriated in this Act may be
obligated or expended to carry out sections 727, 932, and 1002 of the
Higher Education Act of 1965, section 621(b) of Public Law 101-589, the
President's Advisory Commission on Educational Excellence for Hispanic
Americans, and the President's Board of Advisors on Historically Black
Colleges and Universities.
(transfer of funds)
Sec. 307. Not to exceed 1 percent of any appropriation made
available for the current fiscal year for the Department of Education
in this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfers: Provided, That the Appropriations Committees of both Houses
of Congress are notified at least fifteen days in advance of any
transfers.
This title may be cited as the ``Department of Education
Appropriations Act, 1996''.
TITLE IV--RELATED AGENCIES
Armed Forces Retirement Home
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the United States Soldiers' and Airmen's Home and
the United States Naval Home, to be paid from funds available in the
Armed Forces Retirement Home Trust Fund, $55,971,000, of which
$1,954,000 shall remain available until expended for construction and
renovation of the physical plants at the United States Soldiers' and
Airmen's Home and the United States Naval Home: Provided, That this
appropriation shall not be available for the payment of hospitalization
of members of the Soldiers' and Airmen's Home in United States Army
hospitals at rates in excess of those prescribed by the Secretary of
the Army upon recommendation of the Board of Commissioners and the
Surgeon General of the Army.
Corporation for National and Community Service
domestic volunteer service programs, operating expenses
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic Volunteer
Service Act of 1973, as amended, $196,270,000.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
1998, $250,000,000: Provided, That no funds made available to the
Corporation for Public Broadcasting by this Act shall be used to pay
for receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That none of the
funds contained in this paragraph shall be available or used to aid or
support any program or activity from which any person is excluded, or
is denied benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service to carry out the functions vested in it by the Labor Management
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
passenger motor vehicles; and for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested in it by
the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. chapter 71),
$32,896,000 including $1,500,000, to remain available through September
30, 1997, for activities authorized by the Labor Management Cooperation
Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
3302, fees charged for special training activities up to full-cost
recovery shall be credited to and merged with this account, and shall
remain available until expended: Provided further, That the Director of
the Service is authorized to accept on behalf of the United States
gifts of services and real, personal, or other property in the aid of
any projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission (30 U.S.C. 801 et seq.), $6,200,000.
National Commission on Libraries and Information Science
salaries and expenses
For necessary expenses for the National Commission on Libraries and
Information Science, established by the Act of July 20, 1970 (Public
Law 91-345, as amended by Public Law 102-95), $829,000.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, as amended,
$1,793,000.
National Education Goals Panel
For expenses necessary for the National Education Goals Panel, as
authorized by title II, part A of the Goals 2000: Educate America Act,
$1,000,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, as amended (29 U.S.C. 141-167), and other laws,
$167,245,000: Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers as
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
and as amended by the Labor-Management Relations Act, 1947, as amended,
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C.
203), and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least
95 per centum of the water stored or supplied thereby is used for
farming purposes: Provided further, That no part of this appropriation
may be used by the National Labor Relations Board to petition a United
States district court for temporary relief or a restraining order as
described under section 10(j) of the National Labor Relations Act
unless there is a reasonable likelihood of success on the merits of the
complaint that an unfair labor practice has occurred, there is a
possibility of irreparable harm if such relief is not granted, a
balancing of hardships favors injunctive relief, and harm to the public
interest stemming from injunctive relief is tolerable in light of the
benefits achieved by such relief.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards
appointed by the President, $7,837,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission (29 U.S.C. 661), $8,100,000.
Physician Payment Review Commission
salaries and expenses
For expenses necessary to carry out section 1845(a) of the Social
Security Act, $2,923,000, to be transferred to this appropriation from
the Federal Supplementary Medical Insurance Trust Fund.
Prospective Payment Assessment Commission
salaries and expenses
For expenses necessary to carry out section 1886(e) of the Social
Security Act, $3,267,000, to be transferred to this appropriation from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance and the
Federal Disability Insurance trust funds, as provided under sections
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $22,641,000.
In addition, to reimburse these trust funds for administrative
expenses to carry out sections 9704 and 9706 of the Internal Revenue
Code of 1986, $10,000,000, to remain available until expended.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, $485,396,000, to remain available until expended.
For making, after July 31 of the current fiscal year, benefit
payments to individuals under title IV of the Federal Mine Safety and
Health Act of 1977, for costs incurred in the current fiscal year, such
amounts as may be necessary.
For making benefit payments under title IV of the Federal Mine
Safety and Health Act of 1977 for the first quarter of fiscal year
1997, $170,000,000, to remain available until expended.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$18,753,834,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For carrying out title XVI of the Social Security Act for the first
quarter of fiscal year 1997, $9,260,000,000, to remain available until
expended.
limitation on administrative expenses
For necessary expenses, including the hire of two medium size
passenger motor vehicles, and not to exceed $10,000 for official
reception and representation expenses, not more than $5,164,268,000 may
be expended, as authorized by section 201(g)(1) of the Social Security
Act or as necessary to carry out sections 9704 and 9706 of the Internal
Revenue Code of 1986 from any one or all of the trust funds referred to
therein: Provided, That reimbursement to the trust funds under this
heading for administrative expenses to carry out sections 9704 and 9706
of the Internal Revenue Code of 1986 shall be made, with interest, not
later than September 30, 1997.
In addition to funding already available under this heading, and
subject to the same terms and conditions, $407,000,000, for disability
caseload processing.
In addition to funding already available under this heading, and
subject to the same terms and conditions, $228,000,000, which shall
remain available until expended, to invest in a state-of-the-art
computing network, including related equipment and administrative
expenses associated solely with this network, for the Social Security
Administration and the State Disability Determination Services, may be
expended from any or all of the trust funds as authorized by section
201(g)(1) of the Social Security Act.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $4,816,000, together with not to exceed $21,076,000, to be
transferred and expended as authorized by section 201(g)(1) of the
Social Security Act from the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $239,000,000,
which shall include amounts becoming available in fiscal year 1996
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds $239,000,000:
Provided, That the total amount provided herein shall be credited in 12
approximately equal amounts on the first day of each month in the
fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $300,000, to remain available through
September 30, 1997, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board,
$73,561,000, to be derived from the railroad retirement accounts.
limitation on railroad unemployment insurance administration fund
For further expenses necessary for the Railroad Retirement Board,
for administration of the Railroad Unemployment Insurance Act, not less
than $17,255,000 shall be apportioned for fiscal year 1996 from moneys
credited to the railroad unemployment insurance administration fund.
special management improvement fund
To effect management improvements, including the reduction of
backlogs, accuracy of taxation accounting, and debt collection,
$659,000, to be derived from the railroad retirement accounts and
railroad unemployment insurance account: Provided, That these funds
shall supplement, not supplant, existing resources devoted to such
operations and improvements.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than $5,673,000, to
be derived from the railroad retirement accounts and railroad
unemployment insurance account.
United States Institute of Peace
operating expenses
For necessary expenses of the United States Institute of Peace as
authorized in the United States Institute of Peace Act, $11,500,000.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act: Provided, That such transferred balances are used
for the same purpose, and for the same periods of time, for which they
were originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or film presentation designed to
support or defeat legislation pending before the Congress, except in
presentation to the Congress itself.
(b) No part of any appropriation contained in this Act shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed to
influence legislation or appropriations pending before the Congress.
Sec. 504. The Secretaries of Labor and Education are each
authorized to make available not to exceed $15,000 from funds available
for salaries and expenses under titles I and III, respectively, for
official reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from the funds available for ``Salaries and expenses,
Federal Mediation and Conciliation Service''; and the Chairman of the
National Mediation Board is authorized to make available for official
reception and representation expenses not to exceed $2,500 from funds
available for ``Salaries and expenses, National Mediation Board''.
Sec. 505. Notwithstanding any other provision of this Act, no funds
appropriated under this Act shall be used to carry out any program of
distributing sterile needles for the hypodermic injection of any
illegal drug unless the Secretary of Health and Human Services
determines that such programs are effective in preventing the spread of
HIV and do not encourage the use of illegal drugs.
Sec. 506. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
Sec. 507. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds, including but not limited to State and local
governments and recipients of Federal research grants, shall clearly
state (1) the percentage of the total costs of the program or project
which will be financed with Federal money, (2) the dollar amount of
Federal funds for the project or program, and (3) percentage and dollar
amount of the total costs of the project or program that will be
financed by nongovernmental sources.
Sec. 508. None of the funds appropriated under this Act shall be
expended for any abortion except when it is made known to the Federal
entity or official to which funds are appropriated under this Act that
such procedure is necessary to save the life of the mother or that the
pregnancy is the result of an act of rape or incest.
Sec. 509. Effective October 1, 1993, and applicable thereafter, and
notwithstanding any other law, each State is and remains free not to
fund abortions to the extent that the State in its sole discretion
deems appropriate, except where the life of the mother would be
endangered if the fetus were carried to term.
Sec. 510. Notwithstanding any other provision of law--
(1) no amount may be transferred from an appropriation
account for the Departments of Labor, Health and Human
Services, and Education except as authorized in this or any
subsequent appropriation act, or in the Act establishing the
program or activity for which funds are contained in this Act;
(2) no department, agency, or other entity, other than the
one responsible for administering the program or activity for
which an appropriation is made in this Act, may exercise
authority for the timing of the obligation and expenditure of
such appropriation, or for the purposes for which it is
obligated and expended, except to the extent and in the manner
otherwise provided in sections 1512 and 1513 of title 31,
United States Code; and
(3) no funds provided under this Act shall be available for
the salary (or any part thereof) of an employee who is
reassigned on a temporary detail basis to another position in
the employing agency or department or in any other agency or
department, unless the detail is independently approved by the
head of the employing department or agency.
Sec. 511. Limitation on Use of Funds.--None of the funds made
available in this Act may be used for the expenses of an electronic
benefit transfer (EBT) task force.
Sec. 512. None of the funds made available in this Act may be used
to enforce the requirements of section 428(b)(1)(U)(iii) of the Higher
Education Act of 1965 with respect to any lender when it is made known
to the Federal official having authority to obligate or expend such
funds that the lender has a loan portfolio under part B of title IV of
such Act that is equal to or less than $5,000,000.
Sec. 513. None of the funds made available in this Act may be used
for Pell Grants under subpart 1 of part A of title IV of the Higher
Education Act of 1965 to students attending an institution of higher
education that is ineligible to participate in a loan program under
such title as a result of a default determination under section
435(a)(2) of such Act, unless such institution has a participation rate
index (as defined at 34 CFR 668.17) that is less than or equal to
0.0375.
Sec. 514. (a) High Cost Training Exception.--Section 428H(d)(2) of
the Higher Education Act of 1965 (20 U.S.C. 1078-8(d)(2)) is amended by
striking out the period at the end thereof and inserting in lieu
thereof a semicolon and the following: ``except in cases where the
Secretary determines that a higher amount is warranted in order to
carry out the purpose of this part with respect to students engaged in
specialized training requiring exceptionally high costs of education,
but the annual insurable limit per student shall not be deemed to be
exceeded by a line of credit under which actual payments by the lender
to the borrower will not be made in any years in excess of the annual
limit.''.
(b) Effective Date.--The amendments made by subsection (a) shall be
effective for loans made to cover the cost of instruction for periods
of enrollment beginning on or after July 1, 1996.
Sec. 515. None of the funds made available in this Act may be used
to carry out any Federal program, or to provide financial assistance to
any State, when it is made known to the Federal official having
authority to obligate or expend such funds that--
(1) such Federal program or State subject any health care
entity to discrimination on the basis that--
(A) the entity refuses to undergo training in the
performance of induced abortions, to provide such
training, to perform such abortions, or to provide
referrals for such abortions;
(B) the entity refuses to make arrangements for any
of the activities specified in subparagraph (A); or
(C) the entity attends (or attended) a postgraduate
physician training program, or any other program of
training in the health professions, that does not (or
did not) require or provide training in the performance
of induced abortions, or make arrangements for the
provision of such training; or
(2) in granting a legal status to a health care entity
(including a license or certificate), or in providing to the
entity financial assistance, a service, or another benefit,
such Federal program or State require that the entity be an
accredited postgraduate physician training program, or that the
entity have completed or be attending such a program, if the
applicable standards for accreditation of the program include
the standard that the program must require or provide training
in the performance of induced abortions, or make arrangements
for the provision of such training.
extension of period of home health agency recertification surveys
Sec. 516. Section 1891(c)(2)(A) of the Social Security Act (42
U.S.C. 1395bbb(c)(2)(A)) is amended--
(1) by striking ``15 months'' and inserting ``36 months'',
and
(2) by striking the second sentence and inserting the
following: ``The Secretary shall establish a frequency for
surveys of home health agencies within this 36-month interval
commensurate with the need to assure the delivery of quality
home health services.''.
TITLE VI--ADDITIONAL APPROPRIATIONS
Sec. 601. In addition to amounts otherwise provided in this Act,
the following amounts are hereby appropriated as specified for the
following appropriation accounts: Health Care Financing Administration,
``Program Management'', $396,000,000; Office of the Secretary, ``Office
of Inspector General'', $43,000,000; and Social Security
Administration, ``Limitation on Administrative Expenses'',
$111,000,000.
Sec. 602. Appropriations and funds made available pursuant to
section 601 of this Act shall be available until enactment into law of
a subsequent appropriation for fiscal year 1996 for any project or
activity provided for in section 601.
This Act may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
1996''.
(d) Such amounts as may be necessary for programs, projects or
activities provided for in the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1996, at a rate of operations and to the extent and in the manner
provided for, the provisions of such Act to be effective as if it had
been enacted into law as the regular appropriations Act, as follows:
AN ACT
Making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 1996, and for other purposes.
TITLE I
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans as authorized by law (38 U.S.C. 107, chapters 11, 13, 51, 53,
55, and 61); pension benefits to or on behalf of veterans as authorized
by law (38 U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and
burial benefits, emergency and other officers' retirement pay,
adjusted-service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the provisions of
Article IV of the Soldiers' and Sailors' Civil Relief Act of 1940, as
amended, and for other benefits as authorized by law (38 U.S.C. 107,
1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C. App.
540-548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198);
$18,331,561,000, to remain available until expended: Provided, That not
to exceed $25,180,000 of the amount appropriated shall be reimbursed to
``General operating expenses'' and ``Medical care'' for necessary
expenses in implementing those provisions authorized in the Omnibus
Budget Reconciliation Act of 1990, and in the Veterans' Benefits Act of
1992 (38 U.S.C. chapters 51, 53, and 55), the funding source for which
is specifically provided as the ``Compensation and pensions''
appropriation: Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to ``Medical
facilities revolving fund'' to augment the funding of individual
medical facilities for nursing home care provided to pensioners as
authorized by the Veterans' Benefits Act of 1992 (38 U.S.C. chapter
55): Provided further, That $12,000,000 previously transferred from
``Compensation and pensions'' to ``Medical facilities revolving fund''
shall be transferred to this heading.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30,
31, 34, 35, 36, 39, 51, 53, 55, and 61), $1,345,300,000, to remain
available until expended: Provided, That funds shall be available to
pay any court order, court award or any compromise settlement arising
from litigation involving the vocational training program authorized by
section 18 of Public Law 98-77, as amended.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by law (38 U.S.C.
chapter 19; 70 Stat. 887; 72 Stat. 487), $24,890,000, to remain
available until expended.
guaranty and indemnity program account
(including transfer of funds)
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the purpose of the program, as authorized by 38
U.S.C. chapter 37, as amended: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $65,226,000, which may be transferred to
and merged with the appropriation for ``General operating expenses''.
loan guaranty program account
(including transfer of funds)
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the purpose of the program, as authorized by 38
U.S.C. chapter 37, as amended: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $52,138,000, which may be transferred to
and merged with the appropriation for ``General operating expenses''.
direct loan program account
(including transfer of funds)
For the cost of direct loans, such sums as may be necessary to
carry out the purpose of the program, as authorized by 38 U.S.C.
chapter 37, as amended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
during 1996, within the resources available, not to exceed $300,000 in
gross obligations for direct loans are authorized for specially adapted
housing loans (38 U.S.C. chapter 37).
In addition, for administrative expenses to carry out the direct
loan program, $459,000, which may be transferred to and merged with the
appropriation for ``General operating expenses''.
education loan fund program account
(including transfer of funds)
For the cost of direct loans, $1,000, as authorized by 38 U.S.C.
3698, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $4,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $195,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
vocational rehabilitation loans program account
(including transfer of funds)
For the cost of direct loans, $54,000, as authorized by 38 U.S.C.
chapter 31, as amended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $1,964,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $377,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
native american veteran housing loan program account
(including transfer of funds)
For administrative expenses to carry out the direct loan program
authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $205,000,
which may be transferred to and merged with the appropriation for
``General operating expenses''.
Veterans Health Administration
medical care
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for furnishing,
as authorized by law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs, including care and
treatment in facilities not under the jurisdiction of the Department of
Veterans Affairs, and furnishing recreational facilities, supplies, and
equipment; funeral, burial, and other expenses incidental thereto for
beneficiaries receiving care in Department of Veterans Affairs
facilities; administrative expenses in support of planning, design,
project management, real property acquisition and disposition,
construction and renovation of any facility under the jurisdiction or
for the use of the Department of Veterans Affairs; oversight,
engineering and architectural activities not charged to project cost;
repairing, altering, improving or providing facilities in the several
hospitals and homes under the jurisdiction of the Department of
Veterans Affairs, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902); aid to
State homes as authorized by law (38 U.S.C. 1741); and not to exceed
$8,000,000 to fund cost comparison studies as referred to in 38 U.S.C.
8110(a)(5); $16,564,000,000, plus reimbursements: Provided, That of the
funds made available under this heading, $789,000,000 is for the
equipment and land and structures object classifications only, which
amount shall not become available for obligation until August 1, 1996,
and shall remain available for obligation until September 30, 1997.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by law (38 U.S.C.
chapter 73), to remain available until September 30, 1997,
$257,000,000, plus reimbursements.
medical administration and miscellaneous operating expenses
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
planning, design, project management, architectural, engineering, real
property acquisition and disposition, construction and renovation of
any facility under the jurisdiction or for the use of the Department of
Veterans Affairs, including site acquisition; engineering and
architectural activities not charged to project cost; and research and
development in building construction technology; $63,602,000, plus
reimbursements.
transitional housing loan program
(including transfer of funds)
For the cost of direct loans, $7,000, as authorized by Public Law
102-54, section 8, which shall be transferred from the ``General post
fund'': Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That these funds are
available to subsidize gross obligations for the principal amount of
direct loans not to exceed $70,000. In addition, for administrative
expenses to carry out the direct loan program, $54,000, which shall be
transferred from the ``General post fund'', as authorized by Public Law
102-54, section 8.
Departmental Administration
general operating expenses
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including uniforms or allowances
therefor, as authorized by law; not to exceed $25,000 for official
reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, and the Department of Defense for the cost of
overseas employee mail; $848,143,000: Provided, That of the amount
appropriated and any other funds made available from any other source
for activities funded under this heading, except reimbursements, not to
exceed $214,109,000 shall be available for General Administration;
including not to exceed (1) $2,766,000 for personnel compensation and
benefits and $50,000 for travel in the Office of the Secretary, (2)
$4,397,000 for personnel compensation and benefits and $75,000 for
travel in the Office of the Assistant Secretary for Policy and
Planning, (3) $1,980,000 for personnel compensation and benefits and
$33,000 for travel in the Office of the Assistant Secretary for
Congressional Affairs, and (4) $3,740,000 for personnel compensation
and benefits and $100,000 for travel in the Office of Assistant
Secretary for Public and Intergovernmental Affairs: Provided further,
That during fiscal year 1996, notwithstanding any other provision of
law, the number of individuals employed by the Department of Veterans
Affairs (1) in other than ``career appointee'' positions in the Senior
Executive Service shall not exceed 6, and (2) in schedule C positions
shall not exceed 11: Provided further, That not to exceed $6,000,000 of
the amount appropriated shall be available for administrative expenses
to carry out the direct and guaranteed loan programs under the Loan
Guaranty Program Account: Provided further, That funds under this
heading shall be available to administer the Service Members
Occupational Conversion and Training Act: Provided further, That none
of the funds under this heading may be obligated or expended for the
acquisition of automated data processing equipment and services for
Department of Veterans Affairs regional offices to support Stage III of
the automated data equipment modernization program of the Veterans
Benefits Administration.
national cemetery system
For necessary expenses for the maintenance and operation of the
National Cemetery System not otherwise provided for, including uniforms
or allowances therefor, as authorized by law; cemeterial expenses as
authorized by law; purchase of three passenger motor vehicles, for use
in cemeterial operations; and hire of passenger motor vehicles,
$72,604,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $30,900,000.
construction, major projects
(including transfer of funds)
For constructing, altering, extending and improving any of the
facilities under the jurisdiction or for the use of the Department of
Veterans Affairs, or for any of the purposes set forth in sections 316,
2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of title 38,
United States Code, including planning, architectural and engineering
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
$3,000,000 or more or where funds for a project were made available in
a previous major project appropriation, $136,155,000, to remain
available until expended: Provided, That except for advance planning of
projects funded through the advance planning fund and the design of
projects funded through the design fund, none of these funds shall be
used for any project which has not been considered and approved by the
Congress in the budgetary process: Provided further, That funds
provided in this appropriation for fiscal year 1996, for each approved
project shall be obligated (1) by the awarding of a construction
documents contract by September 30, 1996, and (2) by the awarding of a
construction contract by September 30, 1997: Provided further, That the
Secretary shall promptly report in writing to the Comptroller General
and to the Committees on Appropriations any approved major construction
project in which obligations are not incurred within the time
limitations established above; and the Comptroller General shall review
the report in accordance with the procedures established by section
1015 of the Impoundment Control Act of 1974 (title X of Public Law 93-
344): Provided further, That no funds from any other account except the
``Parking revolving fund'', may be obligated for constructing,
altering, extending, or improving a project which was approved in the
budget process and funded in this account until one year after
substantial completion and beneficial occupancy by the Department of
Veterans Affairs of the project or any part thereof with respect to
that part only: Provided further, That of the funds made available
under this heading in Public Law 103-327, $7,000,000 shall be
transferred to the ``Parking revolving fund''.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities under the jurisdiction or for the use of the Department of
Veterans Affairs, including planning, architectural and engineering
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122
of title 38, United States Code, where the estimated cost of a project
is less than $3,000,000, $190,000,000, to remain available until
expended, along with unobligated balances of previous ``Construction,
minor projects'' appropriations which are hereby made available for any
project where the estimated cost is less than $3,000,000: Provided,
That funds in this account shall be available for (1) repairs to any of
the nonmedical facilities under the jurisdiction or for the use of the
Department of Veterans Affairs which are necessary because of loss or
damage caused by any natural disaster or catastrophe, and (2) temporary
measures necessary to prevent or to minimize further loss by such
causes.
parking revolving fund
For the parking revolving fund as authorized by law (38 U.S.C.
8109), income from fees collected, to remain available until expended.
Resources of this fund shall be available for all expenses authorized
by 38 U.S.C. 8109 except operations and maintenance costs which will be
funded from ``Medical care''.
grants for construction of state extended care facilities
For grants to assist the several States to acquire or construct
State nursing home and domiciliary facilities and to remodel, modify or
alter existing hospital, nursing home and domiciliary facilities in
State homes, for furnishing care to veterans as authorized by law (38
U.S.C. 8131-8137), $47,397,000, to remain available until expended.
grants for the construction of state veterans cemeteries
For grants to aid States in establishing, expanding, or improving
State veteran cemeteries as authorized by law (38 U.S.C. 2408),
$1,000,000, to remain available until September 30, 1998.
administrative provisions
(including transfer of funds)
Sec. 101. Any appropriation for 1996 for ``Compensation and
pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred to any other of the mentioned
appropriations.
Sec. 102. Appropriations available to the Department of Veterans
Affairs for 1996 for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 103. No part of the appropriations in this Act for the
Department of Veterans Affairs (except the appropriations for
``Construction, major projects'', ``Construction, minor projects'', and
the ``Parking revolving fund'') shall be available for the purchase of
any site for or toward the construction of any new hospital or home.
Sec. 104. No part of the foregoing appropriations shall be
available for hospitalization or examination of any persons except
beneficiaries entitled under the laws bestowing such benefits to
veterans, unless reimbursement of cost is made to the appropriation at
such rates as may be fixed by the Secretary of Veterans Affairs.
Sec. 105. Appropriations available to the Department of Veterans
Affairs for fiscal year 1996 for ``Compensation and pensions'',
``Readjustment benefits'', and ``Veterans insurance and indemnities''
shall be available for payment of prior year accrued obligations
required to be recorded by law against the corresponding prior year
accounts within the last quarter of fiscal year 1995.
Sec. 106. Appropriations accounts available to the Department of
Veterans Affairs for fiscal year 1996 shall be available to pay prior
year obligations of corresponding prior year appropriations accounts
resulting from title X of the Competitive Equality Banking Act, Public
Law 100-86, except that if such obligations are from trust fund
accounts they shall be payable from ``Compensation and pensions''.
Sec. 107. Notwithstanding any other provision of law, the Secretary
of Veterans Affairs is authorized to transfer, without compensation or
reimbursement, the jurisdiction and control of a parcel of land
consisting of approximately 6.3 acres, located on the south edge of the
Department of Veterans Affairs Medical and Regional Office Center,
Wichita, Kansas, including buildings Nos. 8 and 30 and other
improvements thereon, to the Secretary of Transportation for the
purpose of expanding and modernizing United States Highway 54:
Provided, That if necessary, the exact acreage and legal description of
the real property transferred shall be determined by a survey
satisfactory to the Secretary of Veterans Affairs and the Secretary of
Transportation shall bear the cost of such survey: Provided further,
That the Secretary of Transportation shall be responsible for all costs
associated with the transferred land and improvements thereon, and
compliance with all existing statutes and regulations: Provided
further, That the Secretary of Veterans Affairs and the Secretary of
Transportation may require such additional terms and conditions as each
Secretary considers appropriate to effectuate this transfer of land.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
annual contributions for assisted housing
For assistance under the United States Housing Act of 1937, as
amended (``the Act'' herein) (42 U.S.C. 1437), not otherwise provided
for, $10,155,795,000, to remain available until expended: Provided,
That of the total amount provided under this head, $160,000,000 shall
be for the development or acquisition cost of public housing for Indian
families, including amounts for housing under the mutual help
homeownership opportunity program under section 202 of the Act (42
U.S.C. 1437bb): Provided further, That of the total amount provided
under this head, $2,500,000,000 shall be for modernization of existing
public housing projects pursuant to section 14 of the Act (42 U.S.C.
1437l), including up to $20,000,000 for the inspection of public
housing units, contract expertise, and training and technical
assistance, directly or indirectly, under grants, contracts, or
cooperative agreements, to assist in the oversight and management of
public and Indian housing (whether or not the housing is being
modernized with assistance under this proviso) or tenant-based
assistance, including, but not limited to, an annual resident survey,
data collection and analysis, training and technical assistance by or
to officials and employees of the Department and of public housing
agencies and to residents in connection with the public and Indian
housing program: Provided further, That of the total amount provided
under this head, $400,000,000 shall be for rental subsidy contracts
under the section 8 existing housing certificate program and the
housing voucher program under section 8 of the Act, except that such
amounts shall be used only for units necessary to provide housing
assistance for residents to be relocated from existing federally
subsidized or assisted housing, for replacement housing for units
demolished or disposed of (including units to be disposed of pursuant
to a homeownership program under section 5(h) or title III of the
United States Housing Act of 1937) from the public housing inventory,
for funds related to litigation settlements, for the conversion of
section 23 projects to assistance under section 8, for public housing
agencies to implement allocation plans approved by the Secretary for
designated housing, for funds to carry out the family unification
program, and for the relocation of witnesses in connection with efforts
to combat crime in public and assisted housing pursuant to a request
from a law enforcement or prosecution agency: Provided further, That of
the total amount provided under this head, $4,350,862,000 shall be for
assistance under the United States Housing Act of 1937 (42 U.S.C. 1437)
for use in connection with expiring or terminating section 8 subsidy
contracts, such amounts shall be merged with all remaining obligated
and unobligated balances heretofore appropriated under the heading
``Renewal of expiring section 8 subsidy contracts'': Provided further,
That notwithstanding any other provision of law, assistance reserved
under the two preceding provisos may be used in connection with any
provision of Federal law enacted in this Act or after the enactment of
this Act that authorizes the use of rental assistance amounts in
connection with such terminated or expired contracts: Provided further,
That the Secretary may determine not to apply section 8(o)(6)(B) of the
Act to housing vouchers during fiscal year 1996: Provided further, That
of the total amount provided under this head, $610,575,000 shall be for
amendments to section 8 contracts other than contracts for projects
developed under section 202 of the Housing Act of 1959, as amended; and
$261,000,000 shall be for section 8 assistance and rehabilitation
grants for property disposition: Provided further, That 50 per centum
of the amounts of budget authority, or in lieu thereof 50 per centum of
the cash amounts associated with such budget authority, that are
recaptured from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (Public Law 100-
628, 102 Stat. 3224, 3268) shall be rescinded, or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget authority
or cash recaptured and not rescinded or remitted to the Treasury shall
be used by State housing finance agencies or local governments or local
housing agencies with projects approved by the Secretary of Housing and
Urban Development for which settlement occurred after January 1, 1992,
in accordance with such section: Provided further, That of the total
amount provided under this head, $171,000,000 shall be for housing
opportunities for persons with AIDS under title VIII, subtitle D of the
Cranston-Gonzalez National Affordable Housing Act; and $65,000,000
shall be for the lead-based paint hazard reduction program as
authorized under sections 1011 and 1053 of the Residential Lead-Based
Hazard Reduction Act of 1992: Provided further, That the Secretary may
make up to $5,000,000 of any amount recaptured in this account
available for the development of performance and financial systems.
Of the total amount provided under this head, $624,000,000, plus
amounts recaptured from interest reduction payment contracts for
section 236 projects whose owners prepay their mortgages during fiscal
year 1996 (which amounts shall be transferred and merged with this
account), shall be for use in conjunction with properties that are
eligible for assistance under the Low Income Housing Preservation and
Resident Homeownership Act of 1990 (LIHPRHA) or the Emergency Low-
Income Housing Preservation Act of 1987 (ELIHPA): Provided, That prior
to July 1, 1996, funding to carry out plans of action shall be limited
to sales of projects to non-profit organizations, tenant-sponsored
organizations, and other priority purchasers: Provided further, That of
the amount made available by this paragraph, up to $10,000,000 shall be
available for preservation technical assistance grants pursuant to
section 253 of the Housing and Community Development Act of 1987, as
amended: Provided further, That with respect to amounts made available
by this paragraph, after July 1, 1996, if the Secretary determines that
the demand for funding may exceed amounts available for such funding,
the Secretary (1) may determine priorities for distributing available
funds, including giving priority funding to tenants displaced due to
mortgage prepayment and to projects that have not yet been funded but
which have approved plans of action; and (2) may impose a temporary
moratorium on applications by potential recipients of such funding:
Provided further, That an owner of eligible low-income housing may
prepay the mortgage or request voluntary terminaton of a mortgage
insurance contract, so long as said owner agrees not to raise rents for
sixty days after such prepayment: Provided further, That an owner of
eligible low-income housing who has not timely filed a second notice
under section 216(d) prior to the effective date of this Act may file
such notice by March 1, 1996: Provided further, That such developments
have been determined to have preservation equity at least equal to the
lesser of $5,000 per unit or $500,000 per project or the equivalent of
eight times the most recently published fair market rent for the area
in which the project is located as the appropriate unit size for all of
the units in the eligible project: Provided further, That the Secretary
may modify the regulatory agreement to permit owners and priority
purchasers to retain rental income in excess of the basic rental charge
in projects assisted under section 236 of the National Housing Act, for
the purpose of preserving the low and moderate income character of the
housing: Provided further, That the Secretary may give priority to
funding and processing the following projects provided that the funding
is obligated not later than August 1, 1996: (1) projects with approved
plans of action to retain the housing that file a modified plan of
action no later than July 1, 1996 to transfer the housing; (2) projects
with approved plans of action that are subject to a repayment or
settlement agreement that was executed between the owner and the
Secretary prior to September 1, 1995; (3) projects for which
submissions were delayed as a result of their location in areas that
were designated as a Federal disaster area in a Presidential Disaster
Declaration; and (4) projects whose processing was, in fact or in
practical effect, suspended, deferred, or interrupted for a period of
twelve months or more because of differing interpretations, by the
Secretary and an owner or by the Secretary and a State or local rent
regulatory agency, concerning the timing of filing eligibility or the
effect of a presumptively applicable State or local rent control law or
regulation on the determination of preservation value under section 213
of LIHPRHA, as amended, if the owner of such project filed notice of
intent to extend the low-income affordability restrictions of the
housing, or transfer to a qualified purchaser who would extend such
restrictions, on or before November 1, 1993: Provided further, That
eligible low-income housing shall include properties meeting the
requirements of this paragraph with mortgages that are held by a State
agency as a result of a sale by the Secretary without insurance, which
immediately before the sale would have been eligible low-income housing
under LIHPRHA: Provided further, That notwithstanding any other
provision of law, subject to the availability of appropriated funds,
each unassisted low-income family residing in the housing on the date
of prepayment or voluntary termination, and whose rent, as a result of
a rent increase occurring no later than one year after the date of the
prepayment, exceeds 30 percent of adjusted income, shall be offered
tenant-based assistance in accordance with section 8 or any successor
program, under which the family shall pay no less for rent than it paid
on such date: Provided further, That any family receiving tenant-based
assistance under the preceding proviso may elect (1) to remain in the
unit of the housing and if the rent exceeds the fair market rent or
payment standard, as applicable, the rent shall be deemed to be the
applicable standard, so long as the administering public housing agency
finds that the rent is reasonable in comparison with rents charged for
comparable unassisted housing units in the market or (2) to move from
the housing and the rent will be subject to the fair market rent of the
payment standard, as applicable, under existing program rules and
procedures: Provided further, That up to $10,000,000 of the amount made
available by this paragraph may be used at the discretion of the
Secretary to reimburse owners of eligible properties for which plans of
action were submitted prior to the effective date of this Act, but were
not executed for lack of available funds, with such reimbursement
available only for documented costs directly applicable to the
preparation of the plan of action as determined by the Secretary, and
shall be made available on terms and conditions to be established by
the Secretary: Provided further, That, notwithstanding any other
provision of law, effective October 1, 1996, the Secretary shall
suspend further processing of preservation applications which do not
have approved plans of action.
Of the total amount provided under this head, $780,190,000 shall be
for capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, and for project rental assistance,
and amendments to contracts for project rental assistance, for
supportive housing for the elderly under section 202(c)(2) of the
Housing Act of 1959; and $233,168,000 shall be for capital advances,
including amendments to capital advance contracts, for supportive
housing for persons with disabilities, as authorized by section 811 of
the Cranston-Gonzalez National Affordable Housing Act; and for project
rental assistance, and amendments to contracts for project rental
assistance, for supportive housing for persons with disabilities as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act: Provided, That the Secretary may designate up to 25
percent of the amounts earmarked under this paragraph for section 811
of the Cranston-Gonzalez National Affordable Housing Act for tenant-
based assistance, as authorized under that section, which assistance is
five-years in duration: Provided further, That the Secretary may waive
any provision of section 202 of the Housing Act of 1959 and section 811
of the National Affordable Housing Act (including the provisions
governing the terms and conditions of project rental assistance) that
the Secretary determines is not necessary to achieve the objectives of
these programs, or that otherwise impedes the ability to develop,
operate or administer projects assisted under these programs, and may
make provision for alternative conditions or terms where appropriate.
public housing demolition, site revitalization, and replacement housing
grants
For grants to public housing agencies for the purposes of enabling
the demolition of obsolete public housing projects or portions thereof,
the revitalization (where appropriate) of sites (including remaining
public housing units) on which such projects are located, replacement
housing which will avoid or lessen concentrations of very low-income
families, and tenant-based assistance in accordance with section 8 of
the United States Housing Act of 1937 for the purpose of providing
replacement housing and assisting tenants to be displaced by the
demolition, $280,000,000, to remain available until expended: Provided,
That the Secretary of Housing and Urban Development shall award such
funds to public housing agencies by a competition which includes among
other relevant criteria the local and national impact of the proposed
demolition and revitalization activities and the extent to which the
public housing agency could undertake such activities without the
additional assistance to be provided hereunder: Provided further, That
eligible expenditures hereunder shall be those expenditures eligible
under section 8 and section 14 of the United States Housing Act of 1937
(42 U.S.C. 1437f and l): Provided further, That the Secretary may
impose such conditions and requirements as the Secretary deems
appropriate to effectuate the purposes of this paragraph: Provided
further, That the Secretary may require an agency selected to receive
funding to make arrangements satisfactory to the Secretary for use of
an entity other than the agency to carry out this program where the
Secretary determines that such action will help to effectuate the
purpose of this paragraph: Provided further, That in the event an
agency selected to receive funding does not proceed expeditiously as
determined by the Secretary, the Secretary shall withdraw any funding
made available pursuant to this paragraph that has not been obligated
by the agency and distribute such funds to one or more other eligible
agencies, or to other entities capable of proceeding expeditiously in
the same locality with the original program: Provided further, That of
the foregoing $280,000,000, the Secretary may use up to .67 per centum
for technical assistance, to be provided directly or indirectly by
grants, contracts or cooperative agreements, including training and
cost of necessary travel for participants in such training, by or to
officials and employees of the Department and of public housing
agencies and to residents: Provided further, That any replacement
housing provided with assistance under this head shall be subject to
section 18(f) of the United States Housing Act of 1937, as amended by
section 201(b)(2) of this Act.
flexible subsidy fund
(including transfer of funds)
From the fund established by section 236(g) of the National Housing
Act, as amended, all uncommitted balances of excess rental charges as
of September 30, 1995, and any collections during fiscal year 1996
shall be transferred, as authorized under such section, to the fund
authorized under section 201(j) of the Housing and Community
Development Amendments of 1978, as amended.
rental housing assistance
(rescission)
The limitation otherwise applicable to the maximum payments that
may be required in any fiscal year by all contracts entered into under
section 236 of the National Housing Act (12 U.S.C. 1715z-1) is reduced
in fiscal year 1996 by not more than $2,000,000 in uncommitted balances
of authorizations provided for this purpose in appropriations Acts:
Provided, That up to $163,000,000 of recaptured section 236 budget
authority resulting from the prepayment of mortgages subsidized under
section 236 of the National Housing Act (12 U.S.C. 1715z-1) shall be
rescinded in fiscal year 1996.
payments for operation of low-income housing projects
For payments to public housing agencies and Indian housing
authorities for operating subsidies for low-income housing projects as
authorized by section 9 of the United States Housing Act of 1937, as
amended (42 U.S.C. 1437g), $2,800,000,000.
drug elimination grants for low-income housing
For grants to public and Indian housing agencies for use in
eliminating crime in public housing projects authorized by 42 U.S.C.
11901-11908, for grants for federally assisted low-income housing
authorized by 42 U.S.C. 11909, and for drug information clearinghouse
services authorized by 42 U.S.C. 11921-11925, $290,000,000, to remain
available until expended, of which $10,000,000 shall be for grants,
technical assistance, contracts and other assistance training, program
assessment, and execution for or on behalf of public housing agencies
and resident organizations (including the cost of necessary travel for
participants in such training) and of which $2,500,000 shall be used in
connection with efforts to combat violent crime in public and assisted
housing under the Operation Safe Home program administered by the
Inspector General of the Department of Housing and Urban Development:
Provided, That the term ``drug-related crime'', as defined in 42 U.S.C.
11905(2), shall also include other types of crime as determined by the
Secretary.
home investment partnerships program
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act
(Public Law 101-625), as amended, $1,400,000,000, to remain available
until expended.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, $3,000,000, as authorized by
section 184 of the Housing and Community Development Act of 1992 (106
Stat. 3739): Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize total loan principal, any part
of which is to be guaranteed, not to exceed $36,900,000.
Homeless Assistance
homeless assistance grants
For the emergency shelter grants program (as authorized under
subtitle B of title IV of the Stewart B. McKinney Homeless Assistance
Act (Public Law 100-77), as amended); the supportive housing program
(as authorized under subtitle C of title IV of such Act); the section 8
moderate rehabilitation single room occupancy program (as authorized
under the United States Housing Act of 1937, as amended) to assist
homeless individuals pursuant to section 441 of the Stewart B. McKinney
Homeless Assistance Act; and the shelter plus care program (as
authorized under subtitle F of title IV of such Act), $823,000,000, to
remain available until expended.
Community Planning and Development
community development grants
(including transfer of funds)
For grants to States and units of general local government and for
related expenses, not otherwise provided for, necessary for carrying
out a community development grants program as authorized by title I of
the Housing and Community Development Act of 1974, as amended (42
U.S.C. 5301), $4,600,000,000, to remain available until September 30,
1998: Provided, That $50,000,000 shall be available for grants to
Indian tribes pursuant to section 106(a)(1) of the Housing and
Community Development Act of 1974, as amended (42 U.S.C. 5301),
$2,000,000 shall be available as a grant to the Housing Assistance
Council, $1,000,000 shall be available as a grant to the National
American Indian Housing Council, and $27,000,000 shall be available for
``special purpose grants'' pursuant to section 107 of such Act:
Provided further, That not to exceed 20 per centum of any grant made
with funds appropriated herein (other than a grant made available under
the preceding proviso to the Housing Assistance Council or the National
American Indian Housing Council, or a grant using funds under section
107(b)(3) of the Housing and Community Development Act of 1974) shall
be expended for ``Planning and Management Development'' and
``Administration'' as defined in regulations promulgated by the
Department of Housing and Urban Development: Provided further, That
section 105(a)(25) of such Act, as added by section 907(b)(1) of the
Cranston-Gonzalez National Affordable Housing Act, shall continue to be
effective after September 30, 1995, notwithstanding section 907(b)(2)
of such Act: Provided further, That section 916 of the Cranston-
Gonzalez National Affordable Housing Act shall apply with respect to
fiscal year 1996, notwithstanding section 916(f) of that Act.
Of the amount provided under this heading, the Secretary of Housing
and Urban Development may use up to $53,000,000 for grants to public
housing agencies (including Indian housing authorities), nonprofit
corporations, and other appropriate entities for a supportive services
program to assist residents of public and assisted housing, former
residents of such housing receiving tenant-based assistance under
section 8 of such Act (42 U.S.C. 1437f), and other low-income families
and individuals to become self-sufficient: Provided, That the program
shall provide supportive services, principally for the benefit of
public housing residents, to the elderly and the disabled, and to
families with children where the head of the household would benefit
from the receipt of supportive services and is working, seeking work,
or is preparing for work by participating in job training or
educational programs: Provided further, That the supportive services
shall include congregate services for the elderly and disabled, service
coordinators, and coordinated educational, training, and other
supportive services, including academic skills training, job search
assistance, assistance related to retaining employment, vocational and
entrepreneurship development and support programs, transportation, and
child care: Provided further, That the Secretary shall require
applicants to demonstrate firm commitments of funding or services from
other sources: Provided further, That the Secretary shall select public
and Indian housing agencies to receive assistance under this head on a
competitive basis, taking into account the quality of the proposed
program (including any innovative approaches), the extent of the
proposed coordination of supportive services, the extent of commitments
of funding or services from other sources, the extent to which the
proposed program includes reasonably achievable, quantifiable goals for
measuring performance under the program over a three-year period, the
extent of success an agency has had in carrying out other comparable
initiatives, and other appropriate criteria established by the
Secretary.
Of the amount made available under this heading, notwithstanding
any other provision of law, $12,000,000 shall be available for
contracts, grants, and other assistance, other than loans, not
otherwise provided for, for providing counseling and advice to tenants
and homeowners both current and prospective, with respect to property
maintenance, financial management, and such other matters as may be
appropriate to assist them in improving their housing conditions and
meeting the responsibilities of tenancy or homeownership, including
provisions for training and for support of voluntary agencies and
services as authorized by section 106 of the Housing and Urban
Development Act of 1968, as amended, notwithstanding section 106(c)(9)
and section 106(d)(13) of such Act.
Of the amount made available under this heading, notwithstanding
any other provision of law, $15,000,000 shall be available for the
tenant opportunity program.
Of the amount made available under this heading, notwithstanding
any other provision of law, $20,000,000 shall be available for
youthbuild program activities authorized by subtitle D of title IV of
the Cranston-Gonzalez National Affordable Housing Act, as amended, and
such activities shall be an eligible activity with respect to any funds
made available under this heading.
For the cost of guaranteed loans, $31,750,000, as authorized by
section 108 of the Housing and Community Development Act of 1974:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $1,500,000,000: Provided further, That the Secretary of
Housing and Urban Development may make guarantees not to exceed the
immediately foregoing amount notwithstanding the aggregate limitation
on guarantees set forth in section 108(k) of the Housing and Community
Development Act of 1974. In addition, for administrative expenses to
carry out the guaranteed loan program, $675,000 which shall be
transferred to and merged with the appropriation for departmental
salaries and expenses.
The amount made available for fiscal year 1995 for a special
purpose grant for the renovation of the central terminal in Buffalo,
New York, shall be made available for the central terminal and for
other public facilities in Buffalo, New York.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $34,000,000, to remain
available until September 30, 1997.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and for contracts
with qualified fair housing enforcement organizations, as authorized by
section 561 of the Housing and Community Development Act of 1987, as
amended by the Housing and Community Development Act of 1992,
$30,000,000, to remain available until September 30, 1997.
Management and Administration
salaries and expenses
(including transfers of funds)
For necessary administrative and nonadministrative expenses of the
Department of Housing and Urban Development, not otherwise provided
for, including not to exceed $7,000 for official reception and
representation expenses, $962,558,000, of which $532,782,000 shall be
provided from the various funds of the Federal Housing Administration,
and $9,101,000 shall be provided from funds of the Government National
Mortgage Association, and $675,000 shall be provided from the Community
Development Grants Program account.
office of inspector general
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $47,850,000, of which $11,283,000 shall be transferred from
the various funds of the Federal Housing Administration.
Office of Federal Housing Enterprise Oversight
salaries and expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprise Financial Safety
and Soundness Act of 1992, $14,895,000, to remain available until
expended, from the Federal Housing Enterprise Oversight Fund: Provided,
That such amounts shall be collected by the Director as authorized by
section 1316 (a) and (b) of such Act, and deposited in the Fund under
section 1316(f) of such Act.
Federal Housing Administration
fha--mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 1996, commitments to guarantee loans to carry
out the purposes of section 203(b) of the National Housing Act, as
amended, shall not exceed a loan principal of $110,000,000,000:
Provided, That during fiscal year 1996, the Secretary shall sell
assigned mortgage notes having an unpaid principal balance of up to
$4,000,000,000, which notes were originally insured under section
203(b) of the National Housing Act: Provided further, That the
Secretary may use any negative subsidy amounts from the sale of such
assigned mortgage notes during fiscal year 1996 for the disposition of
properties or notes under this heading.
During fiscal year 1996, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $200,000,000: Provided, That the foregoing
amount shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under section 203 of such Act.
For administrative expenses necessary to carry out the guaranteed
and direct loan program, $341,595,000, to be derived from the FHA-
mutual mortgage insurance guaranteed loans receipt account, of which
not to exceed $334,483,000 shall be transferred to the appropriation
for departmental salaries and expenses; and of which not to exceed
$7,112,000 shall be transferred to the appropriation for the Office of
Inspector General.
fha--general and special risk program account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
including the cost of modifying such loans, $85,000,000, to remain
available until expended: Provided, That such costs shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total
loan principal any part of which is to be guaranteed of not to exceed
$17,400,000,000: Provided further, That during fiscal year 1996, the
Secretary shall sell assigned notes having an unpaid principal balance
of up to $4,000,000,000, which notes were originally obligations of the
funds established under sections 238 and 519 of the National Housing
Act: Provided further, That the Secretary may use any negative subsidy
amounts from the sale of such assigned mortgage notes during fiscal
year 1996, in addition to amounts otherwise provided, for the
disposition of properties or notes under this heading (including the
credit subsidy for the guarantee of loans or the reduction of positive
credit subsidy amounts that would otherwise be required for the sale of
such properties or notes), and for any other purpose under this
heading: Provided further, That any amounts made available in any prior
appropriation Act for the cost (as such term is defined in section 502
of the Congressional Budget Act of 1974) of guaranteed loans that are
obligations of the funds established under section 238 or 519 of the
National Housing Act that have not been obligated or that are
deobligated shall be available to the Secretary of Housing and Urban
Development in connection with the making of such guarantees and shall
remain available until expended, notwithstanding the expiration of any
period of availability otherwise applicable to such amounts.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238(a), and 519(a) of the
National Housing Act, shall not exceed $120,000,000; of which not to
exceed $100,000,000 shall be for bridge financing in connection with
the sale of multifamily real properties owned by the Secretary and
formerly insured under such Act; and of which not to exceed $20,000,000
shall be for loans to nonprofit and governmental entities in connection
with the sale of single-family real properties owned by the Secretary
and formerly insured under such Act.
In addition, for administrative expenses necessary to carry out the
guaranteed and direct loan programs, $202,470,000, of which
$198,299,000 shall be transferred to the appropriation for departmental
salaries and expenses; and of which $4,171,000 shall be transferred to
the appropriation for the Office of Inspector General.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
(includes transfer of funds)
During fiscal year 1996, new commitments to issue guarantees to
carry out the purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed $110,000,000,000.
For administrative expenses necessary to carry out the guaranteed
mortgage-backed securities program, $9,101,000, to be derived from the
GNMA--guarantees of mortgage-backed securities guaranteed loan receipt
account, of which not to exceed $9,101,000 shall be transferred to the
appropriation for departmental salaries and expenses.
administrative provisions
(including transfer of funds)
extend administrative provisions from the rescission act
Sec. 201. (a) Public and Indian Housing Modernization.--
(1) Expansion of use of modernization funding.--Subsection
14(q) of the United States Housing Act of 1937 is amended to
read as follows:
``(q)(1) In addition to the purposes enumerated in subsections (a)
and (b), a public housing agency may use modernization assistance
provided under section 14, and development assistance provided under
section 5(a) that was not allocated, as determined by the Secretary,
for priority replacement housing, for any eligible activity authorized
by this section, by section 5, or by applicable Appropriations Acts for
a public housing agency, including the demolition, rehabilitation,
revitalization, and replacement of existing units and projects and, for
up to 10 percent of its allocation of such funds in any fiscal year,
for any operating subsidy purpose authorized in section 9. Except for
assistance used for operating subsidy purposes under the preceding
sentence, assistance provided to a public housing agency under this
section shall principally be used for the physical improvement or
replacement of public housing and for associated management
improvements, except as otherwise approved by the Secretary. Public
housing units assisted under this paragraph shall be eligible for
operating subsidies, unless the Secretary determines that such units or
projects have not received sufficient assistance under this Act or do
not meet other requirements of this Act.
``(2) A public housing agency may provide assistance to
developments that include units for other than very low-income families
(`mixed income developments'), in the form of a grant, loan, operating
assistance, or other form of investment which may be made to--
``(A) a partnership, a limited liability company, or other
legal entity in which the public housing agency or its
affiliate is a general partner, managing member, or otherwise
participates in the activities of such entity; or
``(B) any entity which grants to the public housing agency
the option to purchase the development within 20 years after
initial occupancy in accordance with section 42(i)(7) of the
Internal Revenue Code of 1986, as amended. Units shall be made
available in such developments for periods of not less than 20
years, by master contract or by individual lease, for occupancy
by low-income families referred from time to time by the public
housing agency. The number of such units shall be:
``(i) in the same proportion to the total number of
units in such development that the total financial
commitment provided by the public housing agency bears
to the value of the total financial commitment in the
development, or
``(ii) not be less than the number of units that
could have been developed under the conventional public
housing program with the assistance involved, or
``(iii) as may otherwise be approved by the
Secretary.
``(3) A mixed income development may elect to have all units
subject only to the applicable local real estate taxes, notwithstanding
that the low-income units assisted by public housing funds would
otherwise be subject to section 6(d) of the Housing Act of 1937.
``(4) If an entity that owns or operates a mixed-income project
under this subsection enters into a contract with a public housing
agency, the terms of which obligate the entity to operate and maintain
a specified number of units in the project as public housing units in
accordance with the requirements of this Act for the period required by
law, such contractual terms may provide that, if, as a result of a
reduction in appropriations under section 9, or any other change in
applicable law, the public housing agency is unable to fulfill its
contractual obligations with respect to those public housing units,
that entity may deviate, under procedures and requirements developed
through regulations by the Secretary, from otherwise applicable
restrictions under this Act regarding rents, income eligibility, and
other areas of public housing management with respect to a portion or
all of those public housing units, to the extent necessary to preserve
the viability of those units while maintaining the low-income character
of the units, to the maximum extent practicable.''.
(2) Applicability.--Section 14(q) of the United States
Housing Act of 1937, as amended by subsection (a) of this
section, shall be effective only with respect to assistance
provided from funds made available for fiscal year 1996 or any
preceding fiscal year.
(3) Applicability to ihas.--In accordance with section
201(b)(2) of the United States Housing Act of 1937, the
amendment made by this subsection shall apply to public housing
developed or operated pursuant to a contract between the
Secretary of Housing and Urban Development and an Indian
housing authority.
(b) One-for-One Replacement of Public and Indian Housing.--
(1) Extended authority.--Section 1002(d) of Public Law 104-
19 is amended to read as follows:
``(d) Subsections (a), (b), and (c) shall be effective for
applications for the demolition, disposition, or conversion to
homeownership of public housing approved by the Secretary, and other
consolidation and relocation activities of public housing agencies
undertaken, on, before, or after September 30, 1995 and before
September 30, 1996.''.
(2) Section 18(f) of the United States Housing Act of 1937
is amended by adding at the end the following new sentence:
``No one may rely on the preceding sentence as the basis for
reconsidering a final order of a court issued, or a settlement approved
by, a court.''.
(3) Applicability.--In accordance with section 201(b)(2) of
the United States Housing Act of 1937, the amendments made by
this subsection and by sections 1002 (a), (b), and (c) of
Public Law 104-19 shall apply to public housing developed or
operated pursuant to a contract between the Secretary of
Housing and Urban Development and an Indian housing authority.
conversion of certain public housing to vouchers
Sec. 202. (a) Identification of Units.--Each public housing agency
shall identify any public housing developments--
(1) that are on the same or contiguous sites;
(2) that total more than--
(A) 300 dwelling units; or
(B) in the case of high-rise family buildings or
substantially vacant buildings; 300 dwelling units;
(3) that have a vacancy rate of at least 10 percent for
dwelling units not in funded, on schedule modernization
programs;
(4) identified as distressed housing that the public
housing agency cannot assure the long-term viability as public
housing through reasonable revitalization, density reduction,
or achievement of a broader range of household income; and
(5) for which the estimated cost of continued operation and
modernization of the developments as public housing exceeds the
cost of providing tenant-based assistance under section 8 of
the United States Housing Act of 1937 for all families in
occupancy, based on appropriate indicators of cost (such as the
percentage of total development cost required for
modernization).
(b) Implementation and Enforcement.--
(1) Standards for implementation.--The Secretary shall
establish standards to permit implementation of this section in
fiscal year 1996.
(2) Consultation.--Each public housing agency shall consult
with the applicable public housing tenants and the unit of
general local government in identifying any public housing
developments under subsection (a).
(3) Failure of phas to comply with subsection (a).--Where
the Secretary determines that--
(A) a public housing agency has failed under
subsection (a) to identify public housing developments
for removal from the inventory of the agency in a
timely manner;
(B) a public housing agency has failed to identify
one or more public housing developments which the
Secretary determines should have been identified under
subsection (a); or
(C) one or more of the developments identified by
the public housing agency pursuant to subsection (a)
should not, in the determination of the Secretary, have
been identified under that subsection;
the Secretary may designate the developments to be removed from
the inventory of the public housing agency pursuant to this
section.
(c) Removal of Units From the Inventories of Public Housing
Agencies.--
(1) Each public housing agency shall develop and carry out
a plan in conjunction with the Secretary for the removal of
public housing units identified under subsection (a) or
subsection (b)(3), over a period of up to five years, from the
inventory of the public housing agency and the annual
contributions contract. The plan shall be approved by the
relevant local official as not inconsistent with the
Comprehensive Housing Affordability Strategy under title I of
the Housing and Community Development Act of 1992, including a
description of any disposition and demolition plan for the
public housing units.
(2) The Secretary may extend the deadline in paragraph (1)
for up to an additional five years where the Secretary makes a
determination that the deadline is impracticable.
(3) The Secretary shall take appropriate actions to ensure
removal of developments identified under subsection (a) or
subsection (b)(3) from the inventory of a public housing
agency, if the public housing agency fails to adequately
develop a plan under paragraph (1), or fails to adequately
implement such plan in accordance with the terms of the plan.
(4) To the extent approved in appropriations Acts, the
Secretary may establish requirements and provide funding under
the Urban Revitalization Demonstration program for demolition
and disposition of public housing under this section.
(5) Notwithstanding any other provision of law, if a
development is removed from the inventory of a public housing
agency and the annual contributions contract pursuant to
paragraph (1), the Secretary may authorize or direct the
transfer of--
(A) in the case of an agency receiving assistance
under the comprehensive improvement assistance program,
any amounts obligated by the Secretary for the
modernization of such development pursuant to section
14 of the United States Housing Act of 1937;
(B) in the case of an agency receiving public and
Indian housing modernization assistance by formula
pursuant to section 14 of the United States Housing Act
of 1937, any amounts provided to the agency which are
attributable pursuant to the formula for allocating
such assistance to the development removed from the
inventory of that agency; and
(C) in the case of an agency receiving assistance
for the major reconstruction of obsolete projects, any
amounts obligated by the Secretary for the major
reconstruction of the development pursuant to section 5
of such Act,
to the tenant-based assistance program or appropriate site
revitalization of such agency.
(6) Cessation of unnecessary spending.--Notwithstanding any
other provision of law, if, in the determination of the
Secretary, a development meets or is likely to meet the
criteria set forth in subsection (a), the Secretary may direct
the public housing agency to cease additional spending in
connection with the development, except to the extent that
additional spending is necessary to ensure decent, safe, and
sanitary housing until the Secretary determines or approves an
appropriate course of action with respect to such development
under this section.
(d) Conversion to Tenant-Based Assistance.--
(1) The Secretary shall make authority available to a
public housing agency to provide tenant-based assistance
pursuant to section 8 to families residing in any development
that is removed from the inventory of the public housing agency
and the annual contributions contract pursuant to subsection
(b).
(2) Each conversion plan under subsection (c) shall--
(A) require the agency to notify families residing
in the development, consistent with any guidelines
issued by the Secretary governing such notifications,
that the development shall be removed from the
inventory of the public housing agency and the families
shall receive tenant-based or project-based assistance,
and to provide any necessary counseling for families;
and
(B) ensure that all tenants affected by a
determination under this section that a development
shall be removed from the inventory of a public housing
agency shall be offered tenant-based or project-based
assistance and shall be relocated, as necessary, to
other decent, safe, sanitary, and affordable housing
which is, to the maximum extent practicable, housing of
their choice.
(e) In General.--
(1) The Secretary may require a public housing agency to
provide such information as the Secretary considers necessary
for the administration of this section.
(2) As used in this section, the term ``development'' shall
refer to a project or projects, or to portions of a project or
projects, as appropriate.
(3) Section 18 of the United States Housing Act of 1937
shall not apply to the demolition of developments removed from
the inventory of the public housing agency under this section.
streamlining section 8 tenant-based assistance
Sec. 203. (a) ``Take-One, Take-All''.--Section 8(t) of the United
States Housing Act of 1937 is hereby repealed.
(b) Exemption From Notice Requirements for the Certificate and
Voucher Programs.--Section 8(c) of such Act is amended--
(1) in paragraph (8), by inserting after ``section'' the
following: ``(other than a contract for assistance under the
certificate or voucher program)''; and
(2) in the first sentence of paragraph (9), by striking
``(but not less than 90 days in the case of housing
certificates or vouchers under subsection (b) or (o))'' and
inserting ``, other than a contract under the certificate or
voucher program''.
(c) Endless Lease.--Section 8(d)(1)(B) of such Act is amended--
(1) in clause (ii), by inserting ``during the term of the
lease,'' after ``(ii)''; and
(2) in clause (iii), by striking ``provide that'' and
inserting ``during the term of the lease,''.
(d) Applicability.--The provisions of this section shall be
effective for fiscal year 1996 only.
public housing/section 8 moving to work demonstration
Sec. 204. (a) Purpose.--The purpose of this demonstration is to
give public housing agencies and the Secretary of Housing and Urban
Development the flexibility to design and test various approaches for
providing and administering housing assistance that: reduce cost and
achieve greater cost effectiveness in Federal expenditures; give
incentives to families with children where the head of household is
working, seeking work, or is preparing for work by participating in job
training, educational programs, or programs that assist people to
obtain employment and become economically self-sufficient; and increase
housing choices for low-income families.
(b) Program Authority.--The Secretary of Housing and Urban
Development shall conduct a demonstration program under this section
beginning in fiscal year 1996 under which up to 30 public housing
agencies (including Indian housing authorities) administering the
public or Indian housing program and the section 8 housing assistance
payments program, administering a total number of public housing units
not in excess of 25,000, may be selected by the Secretary to
participate. The Secretary shall provide training and technical
assistance during the demonstration and conduct detailed evaluations of
up to 15 such agencies in an effort to identify replicable program
models promoting the purpose of the demonstration. Under the
demonstration, notwithstanding any provision of the United States
Housing Act of 1937 except as provided in subsection (e), an agency may
combine operating assistance provided under section 9 of the United
States Housing Act of 1937, modernization assistance provided under
section 14 of such Act, and assistance provided under section 8 of such
Act for the certificate and voucher programs, to provide housing
assistance for low-income families, as defined in section 3(b)(2) of
the United States Housing Act of 1937, and services to facilitate the
transition to work on such terms and conditions as the agency may
propose and the Secretary may approve.
(c) Application.--An application to participate in the
demonstration--
(1) shall request authority to combine assistance under
sections 8, 9, and 14 of the United States Housing Act of 1937;
(2) shall be submitted only after the public housing agency
provides for citizen participation through a public hearing
and, if appropriate, other means;
(3) shall include a plan developed by the agency that takes
into account comments from the public hearing and any other
public comments on the proposed program, and comments from
current and prospective residents who would be affected, and
that includes criteria for--
(A) families to be assisted, which shall require
that at least 75 percent of the families assisted by
participating demonstration public housing authorities
shall be very low-income families, as defined in
section 3(b)(2) of the United States Housing Act of
1937, and at least 50 percent of the families selected
shall have incomes that do not exceed 30 percent of the
median family income for the area, as determined by the
Secretary with adjustments for smaller and larger
families, except that the Secretary may establish
income ceilings higher or lower than 30 percent of the
median for the area on the basis of the Secretary's
findings that such variations are necessary because of
unusually high or low family income;
(B) establishing a reasonable rent policy, which
shall be designed to encourage employment and self-
sufficiency by participating families, consistent with
the purpose of this demonstration, such as by excluding
some or all of a family's earned income for purposes of
determining rent;
(C) continuing to assist substantially the same
total number of eligible low-income families as would
have been served had the amounts not been combined;
(D) maintaining a comparable mix of families (by
family size) as would have been provided had the
amounts not been used under the demonstration; and
(E) assuring that housing assisted under the
demonstration program meets housing quality standards
established or approved by the Secretary; and
(4) may request assistance for training and technical
assistance to assist with design of the demonstration and to
participate in a detailed evaluation.
(d) Selection.--In selecting among applications, the Secretary
shall take into account the potential of each agency to plan and carry
out a program under the demonstration, the relative performance by an
agency under the public housing management assessment program under
section 6(j) of the United States Housing Act of 1937, and other
appropriate factors as determined by the Secretary.
(e) Applicability of 1937 Act Provisions.--
(1) Section 18 of the United States Housing Act of 1937
shall continue to apply to public housing notwithstanding any
use of the housing under this demonstration.
(2) Section 12 of such Act shall apply to housing assisted
under the demonstration, other than housing assisted solely due
to occupancy by families receiving tenant-based assistance.
(f) Effect on Section 8, Operating Subsidies, and Comprehensive
Grant Program Allocations.--The amount of assistance received under
section 8, section 9, or pursuant to section 14 by a public housing
agency participating in the demonstration under this part shall not be
diminished by its participation.
(g) Records, Reports, and Audits.--
(1) Keeping of records.--Each agency shall keep such
records as the Secretary may prescribe as reasonably necessary
to disclose the amounts and the disposition of amounts under
this demonstration, to ensure compliance with the requirements
of this section, and to measure performance.
(2) Reports.--Each agency shall submit to the Secretary a
report, or series of reports, in a form and at a time specified
by the Secretary. Each report shall--
(A) document the use of funds made available under
this section;
(B) provide such data as the Secretary may request
to assist the Secretary in assessing the demonstration;
and
(C) describe and analyze the effect of assisted
activities in addressing the objectives of this part.
(3) Access to documents by the secretary.--The Secretary
shall have access for the purpose of audit and examination to
any books, documents, papers, and records that are pertinent to
assistance in connection with, and the requirements of, this
section.
(4) Access to documents by the comptroller general.--The
Comptroller General of the United States, or any of the duly
authorized representatives of the Comptroller General, shall
have access for the purpose of audit and examination to any
books, documents, papers, and records that are pertinent to
assistance in connection with, and the requirements of, this
section.
(h) Evaluation and Report.--
(1) Consultation with pha and family representatives.--In
making assessments throughout the demonstration, the Secretary
shall consult with representatives of public housing agencies
and residents.
(2) Report to congress.--Not later than 180 days after the
end of the third year of the demonstration, the Secretary shall
submit to the Congress a report evaluating the programs carried
out under the demonstration. The report shall also include
findings and recommendations for any appropriate legislative
action.
(i) Funding for Technical Assistance and Evaluation.--From amounts
appropriated for assistance under section 14 of the United States
Housing Act of 1937 for fiscal years 1996, 1997, and 1998, the
Secretary may use up to a total of $5,000,000--
(1) to provide, directly or by contract, training and
technical assistance--
(A) to public housing agencies that express an
interest to apply for training and technical assistance
pursuant to subsection (c)(4), to assist them in
designing programs to be proposed for the
demonstration; and
(B) to up to 10 agencies selected to receive
training and technical assistance pursuant to
subsection (c)(4), to assist them in implementing the
approved program; and
(2) to conduct detailed evaluations of the activities of
the public housing agencies under paragraph (1)(B), directly or
by contract.
extension of multifamily housing finance program
Sec. 205. (a) The first sentence of section 542(b)(5) of the
Housing and Community Development Act of 1992 (12 U.S.C. 1707 note) is
amended by striking ``on not more than 15,000 units over fiscal years
1993 and 1994'' and inserting ``on not more than 7,500 units during
fiscal year 1996''.
(b) The first sentence of section 542(c)(4) of the Housing and
Community Development Act of 1992 (12 U.S.C. 1707 note) is amended by
striking ``on not to exceed 30,000 units over fiscal years 1993, 1994,
and 1995'' and inserting ``on not more than 10,000 units during fiscal
year 1996''.
foreclosure of hud-held mortgages through third parties
Sec. 206. During fiscal year 1996, the Secretary of Housing and
Urban Development may delegate to one or more entities the authority to
carry out some or all of the functions and responsibilities of the
Secretary in connection with the foreclosure of mortgages held by the
Secretary under the National Housing Act.
restructuring of the hud multifamily mortgage portfolio through state
housing finance agencies.
Sec. 207. During fiscal year 1996, the Secretary of Housing and
Urban Development may sell or otherwise transfer multifamily mortgages
held by the Secretary under the National Housing Act to a State housing
finance agency in connection with a program authorized under section
542 (b) or (c) of the Housing and Community Development Act of 1992
without regard to the unit limitations in section 542(b)(5) or
542(c)(4) of such Act.
transfer of section 8 authority
Sec. 208. Section 8 of the United States Housing Act of 1937 is
amended by adding the following new subsection at the end:
``(bb) Transfer of Budget Authority.--If an assistance contract
under this section, other than a contract for tenant-based assistance,
is terminated or is not renewed, or if the contract expires, the
Secretary shall, in order to provide continued assistance to eligible
families, including eligible families receiving the benefit of the
project-based assistance at the time of the termination, transfer any
budget authority remaining in the contract to another contract. The
transfer shall be under such terms as the Secretary may prescribe.''.
documentation of multifamily refinancings
Sec. 209. Notwithstanding the 16th paragraph under the item
relating to ``administrative provisions'' in title II of the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1995 (Public Law 103-327; 108
Stat. 2316), the amendments to section 223(a)(7) of the National
Housing Act made by the 15th paragraph of such Act shall be effective
during fiscal year 1996 and thereafter.
fha multifamily demonstration authority
Sec. 210. (a) On and after October 1, 1995, and before October 1,
1997, the Secretary of Housing and Urban Development shall initiate a
demonstration program with respect to multifamily projects whose owners
agree to participate and whose mortgages are insured under the National
Housing Act and that are assisted under section 8 of the United States
Housing Act of 1937 and whose present section 8 rents are, in the
aggregate, in excess of the fair market rent of the locality in which
the project is located. These programs shall be designed to test the
feasibility and desirability of the goal of ensuring, to the maximum
extent practicable, that the debt service and operating expenses,
including adequate reserves, attributable to such multifamily projects
can be supported with or without mortgage insurance under the National
Housing Act and with or without above-market rents and utilizing
project-based assistance or, with the consent of the property owner,
tenant-based assistance, while taking into account the need for
assistance of low- and very low-income families in such projects. In
carrying out this demonstration, the Secretary may use arrangements
with third parties, under which the Secretary may provide for the
assumption by the third parties (by delegation, contract, or otherwise)
of some or all of the functions, obligations, and benefits of the
Secretary.
(1) Goals.--The Secretary of Housing and Urban Development
shall carry out the demonstration programs under this section
in a manner that--
(A) will protect the financial interests of the
Federal Government;
(B) will result in significant discretionary cost
savings through debt restructuring and subsidy
reduction; and
(C) will, in the least costly fashion, address the
goals of--
(i) maintaining existing housing stock in a
decent, safe, and sanitary condition;
(ii) minimizing the involuntary
displacement of tenants;
(iii) restructuring the mortgages of such
projects in a manner that is consistent with
local housing market conditions;
(iv) supporting fair housing strategies;
(v) minimizing any adverse income tax
impact on property owners; and
(vi) minimizing any adverse impact on
residential neighborhoods.
In determining the manner in which a mortgage is to be
restructured or the subsidy reduced, the Secretary may balance
competing goals relating to individual projects in a manner
that will further the purposes of this section.
(2) Demonstration approaches.--In carrying out the
demonstration programs, subject to the appropriation in
subsection (f), the Secretary may use one or more of the
following approaches:
(A) Joint venture arrangements with third parties,
under which the Secretary may provide for the
assumption by the third parties (by delegation,
contract, or otherwise) of some or all of the
functions, obligations, and benefits of the Secretary.
(B) Subsidization of the debt service of the
project to a level that can be paid by an owner
receiving an unsubsidized market rent.
(C) Renewal of existing project-based assistance
contracts where the Secretary shall approve proposed
initial rent levels that do not exceed the greater of
120 percent of fair market rents or comparable market
rents for the relevant metropolitan market area or at
rent levels under a budget-based approach.
(D) Nonrenewal of expiring existing project-based
assistance contracts and providing tenant-based
assistance to previously assisted households.
(b) For purposes of carrying out demonstration programs under
subsection (a)--
(1) the Secretary may manage and dispose of multifamily
properties owned by the Secretary as of October 1, 1995 and
multifamily mortgages held by the Secretary as of October 1,
1995 for properties assisted under section 8 with rents above
110 percent of fair market rents without regard to any other
provision of law; and
(2) the Secretary may delegate to one or more entities the
authority to carry out some or all of the functions and
responsibilities of the Secretary in connection with the
foreclosure of mortgages held by the Secretary under the
National Housing Act.
(c) For purposes of carrying out demonstration programs under
subsection (a), subject to such third party consents (if any) as are
necessary including but not limited to (i) consent by the Government
National Mortgage Association where it owns a mortgage insured by the
Secretary; (ii) consent by an issuer under the mortgage-backed
securities program of the Association, subject to the responsibilities
of the issuer to its security holders and the Association under such
program; and (iii) parties to any contractual agreement which the
Secretary proposes to modify or discontinue, and subject to the
appropriation in subsection (c), the Secretary or one or more third
parties designated by the Secretary may take the following actions:
(1) Notwithstanding any other provision of law, and subject
to the agreement of the project owner, the Secretary or third
party may remove, relinquish, extinguish, modify, or agree to
the removal of any mortgage, regulatory agreement, project-
based assistance contract, use agreement, or restriction that
had been imposed or required by the Secretary, including
restrictions on distributions of income which the Secretary or
third party determines would interfere with the ability of the
project to operate without above market rents. The Secretary or
third party may require an owner of a property assisted under
the section 8 new construction/substantial rehabilitation
program to apply any accumulated residual receipts toward
effecting the purposes of this section.
(2) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development may enter into
contracts to purchase reinsurance, or enter into participations
or otherwise transfer economic interest in contracts of
insurance or in the premiums paid, or due to be paid, on such
insurance to third parties, on such terms and conditions as the
Secretary may determine.
(3) The Secretary may offer project-based assistance with
rents at or below fair market rents for the locality in which
the project is located and may negotiate such other terms as
are acceptable to the Secretary and the project owner.
(4) The Secretary may offer to pay all or a portion of the
project's debt service, including payments monthly from the
appropriate Insurance Fund, for the full remaining term of the
insured mortgage.
(5) Notwithstanding any other provision of law, the
Secretary may forgive and cancel any FHA-insured mortgage debt
that a demonstration program property cannot carry at market
rents while bearing full operating costs.
(6) For demonstration program properties that cannot carry
full operating costs (excluding debt service) at market rents,
the Secretary may approve project-based rents sufficient to
carry such full operating costs and may offer to pay the full
debt service in the manner provided in paragraph (4).
(d) Community and Tenant Input.--In carrying out this section, the
Secretary shall develop procedures to provide appropriate and timely
notice to officials of the unit of general local government affected,
the community in which the project is situated, and the tenants of the
project.
(e) Limitation on Demonstration Authority.--The Secretary may carry
out demonstration programs under this section with respect to mortgages
not to exceed 15,000 units. The demonstration authorized under this
section shall not be expanded until the reports required under
subsection (g) are submitted to the Congress.
(f) Appropriation.--For the cost of modifying loans held or
guaranteed by the Federal Housing Administration, as authorized by this
subsection (a)(2) and subsection (c), $30,000,000, to remain available
until September 30, 1997: Provided, That such costs shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended.
(g) Report to Congress.--The Secretary shall submit to the Congress
every six months after the date of enactment of this Act a report
describing and assessing the programs carried out under the
demonstrations. The Secretary shall also submit a final report to the
Congress not later than six months after the end of the demonstrations.
The reports shall include findings and recommendations for any
legislative action appropriate. The reports shall also include a
description of the status of each multifamily housing project selected
for the demonstrations under this section. The final report may
include--
(1) the size of the projects;
(2) the geographic locations of the projects, by State and
region;
(3) the physical and financial condition of the projects;
(4) the occupancy profile of the projects, including the
income, family size, race, and ethnic origin of current
tenants, and the rents paid by such tenants;
(5) a description of actions undertaken pursuant to this
section, including a description of the effectiveness of such
actions and any impediments to the transfer or sale of
multifamily housing projects;
(6) a description of the extent to which the demonstrations
under this section have displaced tenants of multifamily
housing projects;
(7) a description of any of the functions performed in
connection with this section that are transferred or contracted
out to public or private entities or to States;
(8) a description of the impact to which the demonstrations
under this section have affected the localities and communities
where the selected multifamily housing projects are located;
and
(9) a description of the extent to which the demonstrations
under this section have affected the owners of multifamily
housing projects.
assessment collection dates for office of federal housing enterprise
oversight
Sec. 211. Section 1316(b) of the Housing and Community Development
Act of 1992 (12 U.S.C. 4516(b)) is amended by striking paragraph (2)
and inserting the following new paragraph:
``(2) Timing of payment.--The annual assessment shall be payable
semiannually for each fiscal year, on October 1 and April 1.''.
merger language for assistance for the renewal of expiring section 8
subsidy contracts and annual contributions for assisted housing
Sec. 212. All remaining obligated and unobligated balances in the
Renewal of Expiring Section 8 Subsidy Contracts account on September
30, 1995, shall immediately thereafter be transferred to and merged
with the obligated and unobligated balances, respectively, of the
Annual Contributions for Assisted Housing account.
debt forgiveness
Sec. 213. (a) The Secretary of Housing and Urban Development shall
cancel the indebtedness of the Hubbard Hospital Authority of Hubbard,
Texas, relating to the public facilities loan for Project Number PFL-
TEX-215, issued under title II of the Housing Amendments of 1955. Such
hospital authority is relieved of all liability to the Government for
the outstanding principal balance on such loan, for the amount of
accrued interest on such loan, and for any fees and charges payable in
connection with such loan.
(b) The Secretary of Housing and Urban Development shall cancel the
indebtedness of the Groveton Texas Hospital Authority relating to the
public facilities loan for Project Number TEX-41-PFL0162, issued under
title II of the Housing Amendments of 1955. Such hospital authority is
relieved of all liability to the Government for the outstanding
principal balance on such loan, for the amount of accrued interest on
such loan, and for any fees and charges payable in connection with such
loan.
(c) The Secretary of Housing and Urban Development shall cancel the
indebtedness of the Hepzibah Public Service District of Hepzibah, West
Virginia, relating to the public facilities loan for Project Number WV-
46-PFL0031, issued under title II of the Housing Amendments of 1955.
Such public service district is relieved of all liability to the
Government for the outstanding principal balance on such loan, for the
amount of accrued interest on such loan, and for any fees and charges
payable in connection with such loan.
(d) The Secretary of Housing and Urban Development shall cancel
indebtedness of Sheehan Memorial Hospital of Buffalo, New York,
relating to the Federal Housing Administration insurance for Project
Number 014-13002 issued under section 242 of the National Housing Act.
Such hospital is relieved of all liability to the Government for the
outstanding principal balance on such loan, for the amount of accrued
interest on such loan, and for any fees and charges payable in
connection with such loan.
clarifications
Sec. 214. For purposes of Federal law, the Paul Mirabile Center in
San Diego, California, including areas within such Center that are
devoted to the delivery of supportive services, has been determined to
satisfy the ``continuum of care'' requirements of the Department of
Housing and Urban Development, and shall be treated as--
(a) consisting solely of residential units that (i) contain
sleeping accommodations and kitchen and bathroom facilities,
(ii) are located in a building that is used exclusively to
facilitate the transition of homeless individuals (within the
meaning of section 103 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11302), as in effect on December 19,
1989) to independent living within 24 months, (iii) are
suitable for occupancy, with each cubicle constituting a
separate bedroom and residential unit, (iv) are used on other
than a transient basis, and (v) shall be originally placed in
service on November 1, 1995; and
(b) property that is entirely residential rental property,
namely, a project for residential rental property.
employment limitations
Sec. 215. (a) By the end of fiscal year 1996 the Department of
Housing and Urban Development shall employ no more than seven Assistant
Secretaries, notwithstanding section 4(a) of the Department of Housing
and Urban Development Act.
(b) By the end of fiscal year 1996 the Department of Housing and
Urban Development shall employ no more than 77 schedule C and 20 non-
career senior executive service employees.
use of funds
Sec. 216. (a) Of the $93,400,000 earmarked in Public Law 101-144
(103 Stat. 850), as amended by Public Law 101-302 (104 Stat. 237), for
special projects and purposes, any amounts remaining of the $500,000
made available to Bethlehem House in Highland, California, for site
planning and loan acquisition shall instead be made available to the
County of San Bernardino in California to assist with the expansion of
the Los Padrinos Gang Intervention Program and the Unity Home Domestic
Violence Shelter.
(b) The amount made available for fiscal year 1995 for the removal
of asbestos from an abandoned public school building in Toledo, Ohio
shall be made available for the renovation and rehabilitation of an
industrial building at the University of Toledo in Toledo, Ohio.
lead-based paint abatement
Sec. 217. (a) Section 1011 of Title X--Residential Lead-Based Paint
Hazard Reduction Act of 1992 is amended as follows: Strike ``priority
housing'' wherever it appears in said section and insert ``housing''.
(b) Section 1011(a) shall be amended as follows: At the end of the
subsection after the period, insert: ``Grants shall only be made under
this section to provide assistance for housing which meets the
following criteria--
``(1) for grants made to assist rental housing, at least 50
percent of the units must be occupied by or made available to
families with incomes at or below 50 percent of the area median
income level and the remaining units shall be occupied or made
available to families with incomes at or below 80 percent of
the area median income level, and in all cases the landlord
shall give priority in renting units assisted under this
section, for not less than 3 years following the completion of
lead abatement activities, to families with a child under the
age of six years, except that buildings with five or more units
may have 20 percent of the units occupied by families with
incomes above 80 percent of area median income level;
``(2) for grants made to assist housing owned by owner-
occupants, all units assisted with grants under this section
shall be the principal residence of families with income at or
below 80 percent of the area median income level, and not less
than 90 percent of the units assisted with grants under this
section shall be occupied by a child under the age of six years
or shall be units where a child under the age of six years
spends a significant amount of time visiting; and
``(3) notwithstanding paragraphs (1) and (2), Round II
grantees who receive assistance under this section may use such
assistance for priority housing.''.
extension period for sharing utility cost savings with phas
Sec. 218. Section 9(a)(3)(B)(i) of the United States Housing Act of
1937 is amended by striking ``for a period not to exceed 6 years''.
mortgage note sales
Sec. 219. The first sentence of section 221(g)(4)(C)(viii) of the
National Housing Act is amended by striking ``September 30, 1995'' and
inserting in lieu thereof ``September 30, 1996''.
repeal of frost-leland
Sec. 220. Section 415 of the Department of Housing and Urban
Development--Independent Agencies Appropriations Act, 1988 (Public Law
100-202; 101 Stat. 1329-213) is repealed.
fha single-family assignment program reform
Sec. 221. Section 230(d) of the National Housing Act is amended by
striking ``the Departments'' and all that follows through ``1996'' and
inserting ``The Balanced Budget Downpayment Act, I''.
spending limitations
Sec. 222. (a) None of the funds in this Act may be used by the
Secretary to impose any sanction, or penalty because of the enactment
of any State or local law or regulation declaring English as the
official language.
(b) No part of any appropriation contained in this Act shall be
used for lobbying activities as prohibited by law.
transfer of functions to the department of justice
Sec. 223. All functions, activities and responsibilities of the
Secretary of Housing and Urban Development relating to title VIII of
the Civil Rights Act of 1968, as amended by the Fair Housing Amendments
Act of 1988, and the Fair Housing Act, including any rights guaranteed
under the Fair Housing Act (including any functions relating to the
Fair Housing Initiatives program under section 561 of the Housing and
Community Development Act of 1987), are hereby transferred to the
Attorney General of the United States effective April 1, 1997:
Provided, That none of the aforementioned authority or responsibility
for enforcement of the Fair Housing Act shall be transferred to the
Attorney General until adequate personnel and resources allocated to
such activity at the Department of Housing and Urban Development are
transferred to the Department of Justice.
Sec. 224. None of the funds provided in this Act may be used during
fiscal year 1996 to investigate or prosecute under the Fair Housing Act
(42 U.S.C. 3601, et seq.) any otherwise lawful activity engaged in by
one or more persons, including the filing or maintaining of non-
frivolous legal action, that is engaged in solely for the purposes of
achieving or preventing action by a Government official, entity, or
court of competent jurisdiction.
Sec. 225. None of the funds provided in this Act many be used to
take any enforcement action with respect to a complaint of
discrimination under the Fair Housing Act (42 U.S.C. 3601, et seq.) on
the basis of familial status and which involves an occupancy standard
established by the housing provider except to the extent that it is
found that there has been discrimination in contravention of the
standards provided in the March 20, 1991 Memorandum from the General
Counsel of the Department of Housing and Urban Development to all
Regional Counsel or until such time that HUD issues a final rule in
accordance with section 553 of title 5, United States Code.
cdbg eligible activities
Sec. 226. Section 105(a) of the Housing and Community Development
Act of 1974 (42 U.S.C. 5305(a)) is amended--
(1) in paragraph (4)--
(A) by inserting ``reconstruction,'' after
``removal,''; and
(B) by striking ``acquisition for rehabilitation,
and rehabilitation'' and inserting ``acquisition for
reconstruction or rehabilitation, and reconstruction or
rehabilitation'';
(2) in paragraph (13), by striking ``and'' at the end;
(3) by striking paragraph (19);
(4) in paragraph (24), by striking ``and'' at the end;
(5) in paragraph (25), by striking the period at the end
and inserting ``; and'';
(6) by redesignating paragraphs (20) through (25) as
paragraphs (19) through (24), respectively; and
(7) by redesignating paragraph (21) (as added by section
1012(f)(3) of the Housing and Community Development Act of
1992) as paragraph (25).
TITLE III
INDEPENDENT AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one for replacement only)
and hire of passenger motor vehicles; and insurance of official motor
vehicles in foreign countries, when required by law of such countries;
$20,265,000, to remain available until expended: Provided, That where
station allowance has been authorized by the Department of the Army for
officers of the Army serving the Army at certain foreign stations, the
same allowance shall be authorized for officers of the Armed Forces
assigned to the Commission while serving at the same foreign stations,
and this appropriation is hereby made available for the payment of such
allowance: Provided further, That when traveling on business of the
Commission, officers of the Armed Forces serving as members or as
Secretary of the Commission may be reimbursed for expenses as provided
for civilian members of the Commission: Provided further, That the
Commission shall reimburse other Government agencies, including the
Armed Forces, for salary, pay, and allowances of personnel assigned to
it.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for GS-18, purchase of nominal awards to
recognize non-Federal officials' contributions to Commission
activities, and not to exceed $500 for official reception and
representation expenses, $40,000,000.
Corporation for National and Community Service
national and community service programs operating expenses
For necessary expenses for the Corporation for National and
Community Service in carrying out the orderly termination of programs,
activities, and initiatives under the National and Community Service
Act of 1990, as amended (Public Law 103-82), $15,000,000: Provided,
That such amount shall be utilized to resolve all responsibilities and
obligations in connection with said Corporation and the Corporation's
Office of Inspector General: Provided further, That such amount shall
cease to be available for obligation upon the date of implementation of
title IV of this Act, and any portion of such amount obligated before
such date shall be charged against the appropriation made under this
heading in title IV of this Act.
Court of Veterans Appeals
salaries and expenses
For necessary expenses for the operation of the United States Court
of Veterans Appeals as authorized by 38 U.S.C. sections 7251-7292,
$9,000,000, of which not to exceed $678,000, to remain available until
September 30, 1997, shall be available for the purpose of providing
financial assistance as described, and in accordance with the process
and reporting procedures set forth, under this head in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers'
and Airmen's Home National Cemetery, and not to exceed $1,000 for
official reception and representation expenses; $11,946,000, to remain
available until expended.
Environmental Protection Agency
science and technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (CERCLA), as amended; necessary expenses for
personnel and related costs and travel expenses, including uniforms, or
allowances therefore, as authorized by 5 U.S.C. 5901-5902; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for GS-18; procurement of
laboratory equipment and supplies; other operating expenses in support
of research and development; construction, alteration, repair,
rehabilitation and renovation of facilities, not to exceed $75,000 per
project; $525,000,000, which shall remain available until September 30,
1997.
environmental programs and management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses, including uniforms, or allowances therefore, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for GS-18; hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase of reprints;
library memberships in societies or associations which issue
publications to members only or at a price to members lower than to
subscribers who are not members; construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed $75,000 per
project; and not to exceed $6,000 for official reception and
representation expenses; $1,550,300,000, which shall remain available
until September 30, 1997: Provided, That, notwithstanding any other
provision of law, for this fiscal year and hereafter, an industrial
discharger that is a pharmaceutical manufacturing facility and
discharged to the Kalamazoo Water Reclamation Plant (an advanced
wastewater treatment plant with activated carbon) prior to the date of
enactment of this Act may be exempted from categorical pretreatment
standards under section 307(b) of the Federal Water Pollution Control
Act, as amended, if the following conditions are met:
(1) The owner or operator of the Kalamazoo Water
Reclamation Plant applies to the State of Michigan for an
exemption for such industrial discharger.
(2) The State or Administrator, as applicable, approves
such exemption request based upon a determination that the
Kalamazoo Water Reclamation Plant will provide treatment and
pollution removal equivalent to or better than that which would
be required through a combination of pretreatment by such
industrial discharger and treatment by the Kalamazoo Water
Reclamation Plant in the absence of the exemption.
(3) Compliance with paragraph (2) is addressed by the
provisions and conditions of a permit issued to the Kalamazoo
Water Reclamation Plant under section 402 of such Act, and
there exists an operative financial contract between the City
of Kalamazoo and the industrial user and an approved local
pretreatment program, including a joint monitoring program and
local controls to prevent against interference and pass
through.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project,
$28,500,000.
buildings and facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or use by, the
Environmental Protection Agency, $60,000,000, to remain available until
expended: Provided, That notwithstanding any other provision of law,
the Environmental Protection Agency (EPA) shall: (1) transfer all real
property acquired in Bay City, Michigan, for the creation of the Center
for Ecology, Research and Training (CERT) to the City of Bay City or
other local public or municipal entity; and (2) make a grant in fiscal
year 1996 to the recipient of the property of not less than $3,000,000
from funds previously appropriated for the CERT project for the
purposes of environmental remediation and rehabilitation of real
property included in the boundaries of the CERT project: Provided
further, That the disposition of property shall be by donation or no-
cost transfer and shall be made to the City of Bay City, Michigan or
other local public or municipal entity: Provided further, That
notwithstanding any other provision of law, EPA shall have the
authority to demolish or dispose of any improvements on such real
property, or to donate, sell, or transfer any personal property or
improvements on such real property to members of the general public, by
auction or public sale, and to apply any funds received to costs
related to the transfer of the real property authorized hereunder.
hazardous substance superfund
(including transfer of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (CERCLA), as amended,
including sections 111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project; not to
exceed $1,163,400,000, to remain available until expended, consisting
of $913,400,000 as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA), as amended by Public
Law 101-508, and $250,000,000 as a payment from general revenues to the
Hazardous Substance Superfund as authorized by section 517(b) of SARA,
as amended by Public Law 101-508: Provided, That funds appropriated
under this heading may be allocated to other Federal agencies in
accordance with section 111(a) of CERCLA: Provided further, That
$11,000,000 of the funds appropriated under this heading shall be
transferred to the Office of Inspector General appropriation to remain
available until September 30, 1996: Provided further, That
notwithstanding section 111(m) of CERCLA or any other provision of law,
not to exceed $59,000,000 of the funds appropriated under this heading
shall be available to the Agency for Toxic Substances and Disease
Registry to carry out activities described in sections 104(i),
111(c)(4), and 111(c)(14) of CERCLA and section 118(f) of the Superfund
Amendments and Reauthorization Act of 1986: Provided further, That none
of the funds appropriated under this heading shall be available for the
Agency for Toxic Substances and Disease Registry to issue in excess of
40 toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 1996: Provided further, That none of the funds made
available under this heading may be used by the Environmental
Protection Agency to propose for listing or to list any additional
facilities on the National Priorities List established by section 105
of the Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA), as amended (42 U.S.C. 9605), unless the Administrator
receives a written request to propose for listing or to list a facility
from the Governor of the State in which the facility is located, or
unless legislation to reauthorize CERCLA is enacted.
leaking underground storage tank trust fund
(including transfer of funds)
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by section 205 of the Superfund
Amendments and Reauthorization Act of 1986, and for construction,
alteration, repair, rehabilitation, and renovation of facilities, not
to exceed $75,000 per project, $45,827,000, to remain available until
expended: Provided, That no more than $7,000,000 shall be available for
administrative expenses: Provided further, That $500,000 shall be
transferred to the Office of Inspector General appropriation to remain
available until September 30, 1996.
oil spill response
(including transfer of funds)
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$15,000,000, to be derived from the Oil Spill Liability trust fund, and
to remain available until expended: Provided, That not more than
$8,000,000 of these funds shall be available for administrative
expenses.
state and tribal assistance grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $2,323,000,000, to remain available until expended,
of which $1,400,000,000 shall be for making capitalization grants for
State revolving funds to support water infrastructure financing;
$100,000,000 for architectural, engineering, design, construction and
related activities in connection with the construction of high priority
water and wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border commission;
$50,000,000 for grants to the State of Texas, which shall be matched by
an equal amount of State funds from State resources, for the purpose of
improving wastewater treatment for colonias; $15,000,000 for grants to
the State of Alaska, subject to an appropriate cost share as determined
by the Administrator, to address wastewater infrastructure needs of
rural and Alaska Native villages; and $100,000,000 for making grants
for the construction of wastewater treatment facilities and the
development of groundwater in accordance with the terms and conditions
specified for such grants in the Conference Report accompanying this
Act (H.R. 2099): Provided, That beginning in fiscal year 1996 and each
fiscal year thereafter, and notwithstanding any other provision of law,
the Administrator is authorized to make grants annually from funds
appropriated under this heading, subject to such terms and conditions
as the Administrator shall establish, to any State or federally
recognized Indian tribe for multimedia or single media pollution
prevention, control and abatement and related environmental activities
at the request of the Governor or other appropriate State official or
the tribe: Provided further, That from funds appropriated under this
heading, the Administrator may make grants to federally recognized
Indian governments for the development of multimedia environmental
programs: Provided further, That of the $1,400,000,000 for
capitalization grants for State revolving funds to support water
infrastructure financing, $275,000,000 shall be for drinking water
State revolving funds, but if no drinking water State revolving fund
legislation is enacted by June 1, 1996, these funds shall immediately
be available for making capitalization grants under title VI of the
Federal Water Pollution Control Act, as amended: Provided further, That
of the funds made available in Public Law 103-327 and in Public Law
103-124 for capitalization grants for State revolving funds to support
water infrastructure financing, $225,000,000 shall be made available
for capitalization grants for State revolving funds under title VI of
the Federal Water Pollution Control Act, as amended, if no drinking
water State revolving fund legislation is enacted by June 1, 1996:
Provided further, That of the funds made available under this heading
for capitalization grants for State Revolving Funds under title VI of
the Federal Water Pollution Control Act, as amended, $50,000,000 shall
be for wastewater treatment in impoverished communities pursuant to
section 102(d) of H.R. 961 as approved by the United States House of
Representatives on May 16, 1995: Provided further, That of the funds
appropriated in the Construction Grants and Water Infrastructure/State
Revolving Funds accounts since the appropriation for the fiscal year
ending September 30, 1992, and hereafter, for making grants for
wastewater treatment works construction projects, portions may be
provided by the recipients to States for managing construction grant
activities, on condition that the States agree to reimburse the
recipients from State funding sources: Provided further, That the funds
made available in Public Law 103-327 for a grant to the City of Mt.
Arlington, New Jersey, in accordance with House Report 103-715, shall
be available for a grant to that city for water and sewer improvements.
administrative provisions
Sec. 301. None of the funds provided in this Act may be used within
the Environmental Protection Agency for any final action by the
Administrator or her delegate for signing and publishing for
promulgation of a rule concerning any new standard for radon in
drinking water.
Sec. 302. None of the funds provided in this Act may be used during
fiscal year 1996 to sign, promulgate, implement or enforce the
requirement proposed as ``Regulation of Fuels and Fuel Additives:
Individual Foreign Refinery Baseline Requirements for Reformulated
Gasoline'' at volume 59 of the Federal Register at pages 22800 through
22814.
Sec. 303. None of the funds appropriated to the Environmental
Protection Agency for fiscal year 1996 may be used to implement section
404(c) of the Federal Water Pollution Control Act, as amended. No
pending action by the Environmental Protection Agency to implement
section 404(c) with respect to an individual permit shall remain in
effect after the date of enactment of this Act.
Sec. 304. None of the funds appropriated under this Act may be used
to implement the requirements of section 186(b)(2), section 187(b) or
section 211(m) of the Clean Air Act (42 U.S.C. 7512(b)(2), 7512a(b), or
7545(m)) with respect to any moderate nonattainment area in which the
average daily winter temperature is below 0 degrees Fahrenheit. The
preceding sentence shall not be interpreted to preclude assistance from
the Environmental Protection Agency to the State of Alaska to make
progress toward meeting the carbon monoxide standard in such areas and
to resolve remaining issues regarding the use of oxygenated fuels in
such areas.
Executive Office of the President
office of science and technology policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 and 6671), hire of passenger motor vehicles, services as
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official
reception and representation expenses, and rental of conference rooms
in the District of Columbia, $4,981,000: Provided, That the Office of
Science and Technology Policy shall reimburse other agencies for not
less than one-half of the personnel compensation costs of individuals
detailed to it.
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Improvement Act of 1970 and Reorganization Plan No. 1 of
1977, $1,500,000.
Federal Emergency Management Agency
disaster relief
For necessary expenses in carrying out the functions of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.), $222,000,000, to remain available until expended.
disaster assistance direct loan program account
For the cost of direct loans, $2,155,000, as authorized by section
319 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.): Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $25,000,000.
In addition, for administrative expenses to carry out the direct
loan program, $95,000.
salaries and expenses
For necessary expenses, not otherwise provided for, including hire
and purchase of motor vehicles (31 U.S.C. 1343); uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for GS-18; expenses of
attendance of cooperating officials and individuals at meetings
concerned with the work of emergency preparedness; transportation in
connection with the continuity of Government programs to the same
extent and in the same manner as permitted the Secretary of a Military
Department under 10 U.S.C. 2632; and not to exceed $2,500 for official
reception and representation expenses; $168,900,000.
office of the inspector general
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $4,673,000.
emergency management planning and assistance
For necessary expenses, not otherwise provided for, to carry out
activities under the National Flood Insurance Act of 1968, as amended,
and the Flood Disaster Protection Act of 1973, as amended (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.), the Federal
Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et
seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App.
2061 et seq.), sections 107 and 303 of the National Security Act of
1947, as amended (50 U.S.C. 404-405), and Reorganization Plan No. 3 of
1978, $203,044,000.
emergency food and shelter program
There is hereby appropriated $100,000,000 to the Federal Emergency
Management Agency to carry out an emergency food and shelter program
pursuant to title III of Public Law 100-77, as amended: Provided, That
total administrative costs shall not exceed three and one-half per
centum of the total appropriation.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968, the
Flood Disaster Protection Act of 1973, and the National Flood Insurance
Reform Act of 1994, not to exceed $20,562,000 for salaries and expenses
associated with flood mitigation and flood insurance operations, and
not to exceed $70,464,000 for flood mitigation, including up to
$12,000,000 for expenses under section 1366 of the National Flood
Insurance Act of 1968, as amended, which amount shall be available
until September 30, 1997. In fiscal year 1996, no funds in excess of
(1) $47,000,000 for operating expenses, (2) $292,526,000 for agents'
commissions and taxes, and (3) $3,500,000 for interest on Treasury
borrowings shall be available from the National Flood Insurance Fund
without prior notice to the Committees on Appropriations.
administrative provision
The Director of the Federal Emergency Management Agency shall
promulgate through rulemaking a methodology for assessment and
collection of fees to be assessed and collected beginning in fiscal
year 1996 applicable to persons subject to the Federal Emergency
Management Agency's radiological emergency preparedness regulations.
The aggregate charges assessed pursuant to this section during fiscal
year 1996 shall approximate, but not be less than, 100 per centum of
the amounts anticipated by the Federal Emergency Management Agency to
be obligated for its radiological emergency preparedness program for
such fiscal year. The methodology for assessment and collection of fees
shall be fair and equitable, and shall reflect the full amount of costs
of providing radiological emergency planning, preparedness, response
and associated services. Such fees will be assessed in a manner that
reflects the use of agency resources for classes of regulated persons
and the administrative costs of collecting such fees. Fees received
pursuant to this section shall be deposited in the general fund of the
Treasury as offsetting receipts. Assessment and collection of such fees
are only authorized during fiscal year 1996.
General Services Administration
consumer information center
For necessary expenses of the Consumer Information Center,
including services authorized by 5 U.S.C. 3109, $2,061,000, to be
deposited into the Consumer Information Center Fund: Provided, That the
appropriations, revenues and collections deposited into the fund shall
be available for necessary expenses of Consumer Information Center
activities in the aggregate amount of $7,500,000. Administrative
expenses of the Consumer Information Center in fiscal year 1996 shall
not exceed $2,602,000. Appropriations, revenues, and collections
accruing to this fund during fiscal year 1996 in excess of $7,500,000
shall remain in the fund and shall not be available for expenditure
except as authorized in appropriations Acts.
National Aeronautics and Space Administration
human space flight
For necessary expenses, not otherwise provided for, in the conduct
and support of human space flight research and development activities,
including research; development; operations; services; maintenance;
construction of facilities including repair, rehabilitation, and
modification of real and personal property, and acquisition or
condemnation of real property, as authorized by law; space flight,
spacecraft control and communications activities including operations,
production, and services; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft; $5,456,600,000,
to remain available until September 30, 1997.
science, aeronautics and technology
For necessary expenses, not otherwise provided for, for the conduct
and support of science, aeronautics, and technology research and
development activities, including research; development; operations;
services; maintenance; construction of facilities including repair,
rehabilitation and modification of real and personal property, and
acquisition or condemnation of real property, as authorized by law;
space flight, spacecraft control and communications activities
including operations, production, and services; and purchase, lease,
charter, maintenance, and operation of mission and administrative
aircraft; $5,845,900,000, to remain available until September 30, 1997.
mission support
For necessary expenses, not otherwise provided for, in carrying out
mission support for human space flight programs and science,
aeronautical, and technology programs, including research operations
and support; space communications activities including operations,
production, and services; maintenance; construction of facilities
including repair, rehabilitation, and modification of facilities, minor
construction of new facilities and additions to existing facilities,
facility planning and design, environmental compliance and restoration,
and acquisition or condemnation of real property, as authorized by law;
program management; personnel and related costs, including uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902); travel
expenses; purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft; not to exceed $35,000 for official
reception and representation expenses; and purchase (not to exceed
thirty-three for replacement only) and hire of passenger motor
vehicles; $2,502,200,000, to remain available until September 30, 1997.
office of inspector general
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $16,000,000.
administrative provisions
(including transfer of funds)
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', ``Science, aeronautics and
technology'', or ``Mission support'' by this appropriations Act, when
any activity has been initiated by the incurrence of obligations for
construction of facilities as authorized by law, the amount available
for such activity shall remain available until expended. This provision
does not apply to the amounts appropriated in ``Mission support''
pursuant to the authorization for repair, rehabilitation and
modification of facilities, minor construction of new facilities and
additions to existing facilities, and facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Human space flight'', ``Science, aeronautics and
technology'', or ``Mission support'' by this appropriations Act, the
amounts appropriated for construction of facilities shall remain
available until September 30, 1998.
Notwithstanding the limitation on the availability of funds
appropriated for ``Mission support'' and ``Office of Inspector
General'', amounts made available by this Act for personnel and related
costs and travel expenses of the National Aeronautics and Space
Administration shall remain available until September 30, 1996 and may
be used to enter into contracts for training, investigations, cost
associated with personnel relocation, and for other services, to be
provided during the next fiscal year.
The unexpired balances of prior appropriations to NASA for
activities for which funds are provided under this Act may be
transferred to the new account established for the appropriation that
provides funds for such activity under this Act. Balances so
transferred may be merged with funds in the newly established account
and thereafter may be accounted for as one fund to be available for the
same purposes and under the same terms and conditions.
Upon the determination by the Administrator that such action is
necessary, the Administrator may, with the approval of the Office of
Management and Budget, transfer not to exceed $50,000,000 of funds made
available in this Act to the National Aeronautics and Space
Administration between such appropriations or any subdivision thereof,
to be merged with and to be available for the same purposes, and for
the same time period, as the appropriation to which transferred:
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen requirements, than those for
which originally appropriated: Provided further, That the Administrator
of the National Aeronautics and Space Administration shall notify the
Congress promptly of all transfers made pursuant to this authority.
National Credit Union Administration
central liquidity facility
During fiscal year 1996, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions as authorized by the National Credit Union Central Liquidity
Facility Act (12 U.S.C. 1795) shall not exceed $600,000,000: Provided,
That administrative expenses of the Central Liquidity Facility in
fiscal year 1996 shall not exceed $560,000.
National Science Foundation
research and related activities
For necessary expenses in carrying out the purposes of the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and
the Act to establish a National Medal of Science (42 U.S.C. 1880-1881);
services as authorized by 5 U.S.C. 3109; maintenance and operation of
aircraft and purchase of flight services for research support;
acquisition of aircraft; $2,274,000,000, of which not to exceed
$235,000,000 shall remain available until expended for Polar research
and operations support, and for reimbursement to other Federal agencies
for operational and science support and logistical and other related
activities for the United States Antarctic program; the balance to
remain available until September 30, 1997: Provided, That receipts for
scientific support services and materials furnished by the National
Research Centers and other National Science Foundation supported
research facilities may be credited to this appropriation: Provided
further, That to the extent that the amount appropriated is less than
the total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings, specified in
the authorizing Act for those program activities or their subactivities
shall be reduced proportionally.
major research equipment
For necessary expenses in carrying out major construction projects,
and related expenses, pursuant to the purposes of the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), $70,000,000,
to remain available until expended.
academic research infrastructure
For necessary expenses in carrying out an academic research
infrastructure program pursuant to the purposes of the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including
services as authorized by 5 U.S.C. 3109 and rental of conference rooms
in the District of Columbia, $100,000,000, to remain available until
September 30, 1997.
education and human resources
For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant to the
purposes of the National Science Foundation Act of 1950, as amended (42
U.S.C. 1861-1875), including services as authorized by 5 U.S.C. 3109
and rental of conference rooms in the District of Columbia,
$599,000,000, to remain available until September 30, 1997: Provided,
That to the extent that the amount of this appropriation is less than
the total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings, specified in
the authorizing Act for those program activities or their subactivities
shall be reduced proportionally.
salaries and expenses
For necessary salaries and expenses in carrying out the purposes of
the National Science Foundation Act of 1950, as amended (42 U.S.C.
1861-1875); services authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles; not to exceed $9,000 for official reception and
representation expenses; uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901-5902); rental of conference rooms in the District
of Columbia; reimbursement of the General Services Administration for
security guard services; $127,310,000: Provided, That contracts may be
entered into under salaries and expenses in fiscal year 1996 for
maintenance and operation of facilities, and for other services, to be
provided during the next fiscal year.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $4,490,000, to remain available until September 30, 1997.
national science foundation headquarters relocation
For necessary support of the relocation of the National Science
Foundation, $5,200,000: Provided, That these funds shall be used to
reimburse the General Services Administration for services and related
acquisitions in support of relocating the National Science Foundation.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $38,667,000.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by
law (5 U.S.C. 4101-4118) for civilian employees; and not to exceed
$1,000 for official reception and representation expenses; $22,930,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of 31 U.S.C. 1341, whenever he
deems such action to be necessary in the interest of national defense:
Provided further, That none of the funds appropriated by the Act may be
expended for or in connection with the induction of any person into the
Armed Forces of the United States.
TITLE IV
CORPORATIONS
Corporations and agencies of the Department of Housing and Urban
Development which are subject to the Government Corporation Control
Act, as amended, are hereby authorized to make such expenditures,
within the limits of funds and borrowing authority available to each
such corporation or agency and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Act as may be necessary in carrying out
the programs set forth in the budget for 1996 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Resolution Trust Corporation
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $11,400,000.
TITLE V
GENERAL PROVISIONS
Sec. 501. Where appropriations in titles I, II, and III of this Act
are expendable for travel expenses and no specific limitation has been
placed thereon, the expenditures for such travel expenses may not
exceed the amounts set forth therefor in the budget estimates submitted
for the appropriations: Provided, That this section shall not apply to
travel performed by uncompensated officials of local boards and appeal
boards of the Selective Service System; to travel performed directly in
connection with care and treatment of medical beneficiaries of the
Department of Veterans Affairs; to travel performed in connection with
major disasters or emergencies declared or determined by the President
under the provisions of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act; to travel performed by the Offices of
Inspector General in connection with audits and investigations; or to
payments to interagency motor pools where separately set forth in the
budget schedules: Provided further, That if appropriations in titles I,
II, and III exceed the amounts set forth in budget estimates initially
submitted for such appropriations, the expenditures for travel may
correspondingly exceed the amounts therefor set forth in the estimates
in the same proportion.
Sec. 502. Appropriations and funds available for the administrative
expenses of the Department of Housing and Urban Development and the
Selective Service System shall be available in the current fiscal year
for purchase of uniforms, or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902); hire of passenger motor vehicles; and services as
authorized by 5 U.S.C. 3109.
Sec. 503. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Resolution Trust Corporation,
Federal Reserve banks or any member thereof, Federal Home Loan banks,
and any insured bank within the meaning of the Federal Deposit
Insurance Corporation Act, as amended (12 U.S.C. 1811-1831).
Sec. 504. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 505. No funds appropriated by this Act may be expended--
(1) pursuant to a certification of an officer or employee
of the United States unless--
(A) such certification is accompanied by, or is
part of, a voucher or abstract which describes the
payee or payees and the items or services for which
such expenditure is being made, or
(B) the expenditure of funds pursuant to such
certification, and without such a voucher or abstract,
is specifically authorized by law; and
(2) unless such expenditure is subject to audit by the
General Accounting Office or is specifically exempt by law from
such audit.
Sec. 506. None of the funds provided in this Act to any department
or agency may be expended for the transportation of any officer or
employee of such department or agency between his domicile and his
place of employment, with the exception of any officer or employee
authorized such transportation under title 31, United States Code,
section 1344.
Sec. 507. None of the funds provided in this Act may be used for
payment, through grants or contracts, to recipients that do not share
in the cost of conducting research resulting from proposals not
specifically solicited by the Government: Provided, That the extent of
cost sharing by the recipient shall reflect the mutuality of interest
of the grantee or contractor and the Government in the research.
Sec. 508. None of the funds provided in this Act may be used,
directly or through grants, to pay or to provide reimbursement for
payment of the salary of a consultant (whether retained by the Federal
Government or a grantee) at more than the daily equivalent of the rate
paid for Level IV of the Executive Schedule, unless specifically
authorized by law.
Sec. 509. None of the funds in this Act shall be used to pay the
expenses of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings. Nothing herein affects the
authority of the Consumer Product Safety Commission pursuant to section
7 of the Consumer Product Safety Act (15 U.S.C. 2056 et seq.).
Sec. 510. Except as otherwise provided under existing law or under
an existing Executive order issued pursuant to an existing law, the
obligation or expenditure of any appropriation under this Act for
contracts for any consulting service shall be limited to contracts
which are (1) a matter of public record and available for public
inspection, and (2) thereafter included in a publicly available list of
all contracts entered into within twenty-four months prior to the date
on which the list is made available to the public and of all contracts
on which performance has not been completed by such date. The list
required by the preceding sentence shall be updated quarterly and shall
include a narrative description of the work to be performed under each
such contract.
Sec. 511. Except as otherwise provided by law, no part of any
appropriation contained in this Act shall be obligated or expended by
any executive agency, as referred to in the Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.) for a contract for
services unless such executive agency (1) has awarded and entered into
such contract in full compliance with such Act and the regulations
promulgated thereunder, and (2) requires any report prepared pursuant
to such contract, including plans, evaluations, studies, analyses and
manuals, and any report prepared by the agency which is substantially
derived from or substantially includes any report prepared pursuant to
such contract, to contain information concerning (A) the contract
pursuant to which the report was prepared, and (B) the contractor who
prepared the report pursuant to such contract.
Sec. 512. Except as otherwise provided in section 506, none of the
funds provided in this Act to any department or agency shall be
obligated or expended to provide a personal cook, chauffeur, or other
personal servants to any officer or employee of such department or
agency.
Sec. 513. None of the funds provided in this Act to any department
or agency shall be obligated or expended to procure passenger
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles
per gallon average of less than 22 miles per gallon.
Sec. 514. Such sums as may be necessary for fiscal year 1996 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 515. None of the funds appropriated in title I of this Act
shall be used to enter into any new lease of real property if the
estimated annual rental is more than $300,000 unless the Secretary
submits, in writing, a report to the Committees on Appropriations of
the Congress and a period of 30 days has expired following the date on
which the report is received by the Committees on Appropriations.
Sec. 516. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
Sec. 517. None of the funds appropriated in this Act may be used to
implement any cap on reimbursements to grantees for indirect costs,
except as published in Office of Management and Budget Circular A-21.
Sec. 518. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 519. In fiscal year 1996, the Director of the Federal
Emergency Management Agency shall sell the disaster housing inventory
of mobile homes and trailers, and the proceeds thereof shall be
deposited in the Treasury.
Sec. 520. Such funds as may be necessary to carry out the orderly
termination of the Office of Consumer Affairs shall be made available
from funds appropriated to the Department of Health and Human Services
for fiscal year 1996.
This Act may be cited as the ``Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1996''.
Sec. 102. Unless otherwise provided for in this title of this Act
or in the applicable appropriations Act, appropriations and funds made
available and authority granted pursuant to this title of this Act
shall be available until (a) the enactment into law of an appropriation
for any project or activity provided for in this title of this Act, or
(b) the enactment into law of the applicable appropriations Act by both
Houses without any provision for such project or activity, or (c)
September 30, 1996, whichever first occurs.
Sec. 103. Appropriations made and authority granted pursuant to
this title of this Act shall cover all obligations or expenditures
incurred for any program, project, or activity during the period for
which funds or authority for such project or activity are available
under this title of this Act.
Sec. 104. Expenditures made pursuant to this title of this Act
shall be charged to the applicable appropriation, fund, or
authorization whenever a bill in which such applicable appropriation,
fund, or authorization is contained is enacted into law.
Sec. 105. Upon enactment of this Act, the following provisions of
Public Law 104-99, Public Law 104-92, and Public Law 104-91 that would
continue to have effect after March 15, 1996, are superseded: section
101 of Public Law 104-92; section 101(a) of Public Law 104-91, as
amended, except the paragraphs dealing with funding of National
Institutes of Health activities and Centers for Disease Control and
Prevention activities, and except for the general provisions enacted in
the amendment to Public Law 104-91 included in Public Law 104-99; and
sections 123, 124, and 201 of Public Law 104-99.
Sec. 106. Section 119 of Public Law 104-99 is hereby repealed.
Sec. 107. Title I of Public Law 104-52 is hereby amended by
deleting ``, not to exceed $1,406,000,'' under the heading ``customs
services at small airports''.
Sec. 108. Title I of Public Law 104-52 is hereby amended by adding
the following new section under the heading ``administrative
provisions--internal revenue service'':
``Sec. 3. The funds provided in this Act shall be used to provide a
level of service, staffing, and funding for Taxpayer Services Division
operations which is not less than that provided in fiscal year 1995.''.
Sec. 109. Title III of Public Law 104-52 is hereby amended by
adding the following proviso before the last period under the heading
``office of national drug control policy, salaries and expenses'': ``:
Provided, That of the amounts available to the Counter-Drug Technology
Assessment Center, no less than $1,000,000 shall be dedicated to
conferences on model state drug laws''.
Sec. 110. Subsection (b) of section 347 of Public Law 104-50 is
hereby amended by inserting after ``(4) section 7204, relating to
antidiscrimination;'' the following: ``(5) chapter 71, relating to
labor-management relations;'' and by renumbering items (5), (6), and
(7) as items (6), (7), and (8) respectively.
Sec. 111. Exportation of drugs and devices.--
(a) Reference.--Whenever in this section (other than subsection
(f)) an amendment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Federal
Food, Drug, and Cosmetic Act.
(b) Section 801(d).--Section 801(d) (21 U.S.C. 381(d)) is amended
by adding at the end the following:
``(3) No component, part, or accessory of a drug (including a
biological product or a drug in bulk form), device, food, or food
additive shall be excluded from importation into the United States
under subsection (a), if such component, part, or accessory will be
incorporated into the drug, device, food, or food additive that will be
exported from the United States in accordance with subsection (e)(1) or
section 802 or section 351(h) of the Public Health Service Act. A
person shall maintain a record of the import and export of such drug,
device, food, or food additive.''.
(c) Section 801(e)(1).--Section 801(e)(1) (21 U.S.C. 381(e)(1)) is
amended--
(1) by amending the matter preceding subparagraph (A) to read
as follows:
``(e)(1) A food, drug (including a biological product), device, or
cosmetic intended for export shall not be deemed to be adulterated or
misbranded, to be in violation of section 404, 505, or 512, or to be an
unlicensed biological product under section 351 of the Public Health
Service Act if--''; and
(2) by striking the second sentence.
(d) Section 801(e)(2).--Section 801(e)(2) (21 U.S.C. 381(e)(2)) is
amended to read as follows:
``(2) Any person who exports a drug or device under this
subsection or section 802 may request that the Secretary
certify in writing that the export is legal upon a showing that
the requirements for the export of such drug or device have
been satisfied. The Secretary shall issue such a written export
certification within 10 days of the receipt of a request for
such certification. A fee for such certification may be charged
but shall not exceed $100 for each. The fees shall be retained
by the agency to be used to cover expenses.
(e) Section 802.--Section 802 (21 U.S.C. 382) is amended to read as
follows:
``Sec. 802. (a) A drug (including a biological product) intended
for human or animal use or a device intended for human use--
``(1) which, in the case of a drug--
``(A)(i) requires approval by the Secretary under
section 505 or section 512 before it may be introduced
or delivered for introduction into interstate commerce;
or
``(ii) requires licensing by the Secretary under
section 351 of the Public Health Service Act or by the
Secretary of Agriculture under the Act of March 4, 1913
(known as the Virus-Serum Toxin Act) before it may be
introduced or delivered for introduction into
interstate commerce; and
``(B) does not have such approval or license, which
is not exempt from such sections or Act, and which is
introduced or delivered for introduction into
interstate commerce, or
``(2) which, in the case of a device--
``(A) does not comply with an applicable
requirement under section 514 or 515,
``(B) is exempt from section 514 or 515 under
section 520(g), or
``(C) is a banned device under section 516,
may only be exported under subsection (b) or (c).
``(b) Except as otherwise provided in this section, a drug
(including a biological product) or device, referred to in subsection
(a), may be exported to any country, if the drug or device complies
with the laws in any of the following--
``(1) Australia, Canada, Israel, Japan. New Zealand,
Switzerland, or South Africa; or
``(2) a country in the European Union or a country in the
European Economic Area (the countries in the European Union and
the European Free Trade Association) and where such drug,
device, food or food additive is exported for the purpose of marketing,
the drug, device, food or food additive has valid marketing
authorization by the appropriate approval authority from the country in
which it shall be marketed.
``(c)(1) A person who intends to export an unapproved drug
(including a biological product) or device not eligible for export
under subsection (b) shall submit to the Secretary a notification of
intent to export which shall--
``(A) identify the drug or device to be exported and the
intended use of the product in the county to which it is to be
exported; and
``(B) contain a certification by such person that such
person will export the drug or device only to a country where
the drug or device is permitted for general use,
investigational research, or non-clinical experimental
research.
``(2) Within 45 days of the receipt under paragraph (1) of a
notification of an intent to export, the Secretary shall issue to the
person who submitted such notice an order denying the request for
export if--
``(A) the notification does not meet the requirements of
paragraph (1); or
``(B) the proposed intended use of the exported drug or
device poses an imminent hazard to the health of individuals,
taking into account the risks of not using the product in
diagnosis or treatment, and the finding of such hazard is based
upon credible scientific evidence.
If the Secretary does not respond to such a notice within 45 days of
its receipt, the person who submitted such notice may proceed with the
export of the drug or device covered by such notice.
``(3) if the Secretary denies a request for export of a drug or
device under paragraph (2), the Secretary shall immediately prohibit
the export of the drug or device and afford such person an opportunity
for an informal hearing on the denial. If the denial is based upon a
finding of imminent hazard, such informal hearing shall be before the
Commissioner and the Secretary may not delegate the authority of the
Commissioner.
``(d) A drug or device intended for formulation, filling,
packaging, labeling, or other processing in anticipation of market
authorization in any country described in subsection (b) may be
exported in accordance with the laws of that country.''.
``(f) Partially Processed Biological Products.--Subsection (h) of
section 351 of the Public Health Service Act (42 U.S.C. 262) is amended
to read as follows:
``(h) A partially-processed biological product which--
``(1) is not in a form applicable to the prevention,
treatment, or cure of diseases or injuries of man;
``(2) is not intended for sale in the United States; and
``(3) is intended for further manufacture into final dosage
form outside the United States,
shall be subject to no restriction on the export of the product under
this Act or the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et
seq.) if the product meets the requirements of section 801(e)(1) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(e)(1)).''.
TITLE II
EMERGENCY PEACEKEEPING APPROPRIATIONS
CHAPTER I
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular Programs''
to provide for administrative expenses related to activities in Bosnia
and Herzegovina, $2,000,000, notwithstanding section 15 of the State
Department Basic Authorities Act of 1956: Provided, That the entire
amount is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
RELATED AGENCIES
United States Information Agency
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $1,000,000,
to remain available until expended, to be used for United States
Information Agency activities in Bosnia and Herzegovina,
notwithstanding section 701 of the United States Information and
Educational Exchange Act of 1948: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
CHAPTER II
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
FUNDS APPROPRIATED TO THE PRESIDENT
AGENCY FOR INTERNATIONAL DEVELOPMENT
Assistance for Eastern Europe and the Baltic States
(including transfers of funds)
For an additional amount for ``Assistance for Eastern Europe and
the Baltic States'' for Bosnia and Herzegovina, including demining
assistance, $197,000,000, to remain available until December 31, 1996:
Provided, That of the funds appropriated under this heading by this Act
that are made available for the economic revitalization program in
Bosnia and Herzegovina, not less than 75 percent shall be obligated and
expended for programs, projects, and activities, within the sector
assigned to American forces of the military Implementation Force (IFOR)
established by the North Atlantic Council pursuant to the General
Framework Agreement for Peace in Bosnia and Herzegovina: Provided
further, That none of the funds appropriated under this heading by this
Act shall be made available for the construction of new housing or
residences in Bosnia and Herzegovina: Provided further, That not to
exceed $5,000,000 of the funds appropriated under this heading in
Public Law 104-107 may be transferred to ``Debt Restructuring'' to be
made available only for the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying direct loans and loan
guarantees, notwithstanding any other provision of law: Provided
further, That $5,000,000 shall be transferred to ``Foreign Military
Financing Program'' for demining activities for Bosnia and Herzegovina:
Provided further, That $2,000,000 of the funds appropriated under this
heading in Public Law 104-107 shall be transferred to ``Operating
Expenses of the Agency for International Development'' for
administrative expenses: Provided further, That the additional amount
appropriated herein is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That, notwithstanding any other provision of law including any
provision of Public Law 104-107, funds appropriated under this heading
by this Act that are made available for economic revitalization shall
not be available for obligation and expenditure unless the President
determines and certifies to the Congress that the Government of the
Federation of Bosnia and Herzegovina has substantially complied with
article III of Annex 1-A of the General Framework Agreement for Peace
in Bosnia and Herzegovina concerning the withdrawal of foreign forces,
including advisers, freedom fighters, trainers, volunteers, and
personnel from neighboring and other nations: Provided further, That
with regard to funds appropriated under this heading by this Act (and
local currencies generated by such funds) that are made available for
economic revitalization, the Administrator of the Agency for
International Development shall provide written approval for grants and
loans prior to the obligation and expenditure of funds for such
purposes: Provided further, That with regard to funds appropriated
under this heading by this Act (and local currencies generated by such
funds) that are made available for economic revitalization, the
Administrator of the Agency for International Development shall provide
written approval for the use of funds that have been returned or repaid
to any lending facility and grantee under the economic revitalization
program prior to the use of such returned or repaid funds.
MILITARY ASSISTANCE
Foreign Military Financing Program
For an additional amount for ``Foreign Military Financing Program''
for grants for Jordan pursuant to section 23 of the Arms Export Control
Act, $70,000,000: Provided, That such funds may be used for Jordan to
finance transfers by lease of defense articles under chapter 6 of such
Act.
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
Subsidy Appropriation
(rescission)
Of the unobligated balances available under this heading,
$41,000,000 are rescinded.
CHAPTER III
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
For an additional amount for ``North Atlantic Treaty Organization
Security Investment Program'', $37,500,000 to remain available until
expended: Provided, That the Secretary of Defense may make additional
contributions for the North Atlantic Treaty Organization as provided in
section 2806 of title 10, United States Code: Provided further, That
such amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
CHAPTER IV
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$262,200,000: Provided, That such amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$11,800,000: Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$2,700,000: Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$33,700,000: Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$235,200,000: Provided, That such amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $900,000: Provided, That such amount is designated by Congress
as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $130,200,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $79,800,000: Provided, That such amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
PROCUREMENT
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$26,000,000: Provided, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
RESCISSIONS
PROCUREMENT
Missile Procurement, Air Force
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $310,000,000 are rescinded.
Other Procurement, Air Force
(rescission)
Of the funds made available under this heading in Public Law 103-
335, $265,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
(rescission)
Of the funds made available under this heading in Public Law 104-
61, $9,750,000 are rescinded: Provided, That this reduction shall be
applied proportionally to each budget activity, activity group and
subactivity group and each program, project, and activity within this
appropriation account.
Research, Development, Test and Evaluation, Navy
(rescission)
Of the funds made available under this heading in Public Law 104-
61, $17,500,000 are rescinded: Provided, That this reduction shall be
applied proportionally to each budget activity, activity group and
subactivity group and each program, project, and activity within this
appropriation account.
Research, Development, Test and Evaluation, Air Force
(rescissions)
Of the funds made available under this heading in Public Law 103-
335, $245,000,000 are rescinded.
Of the funds made available under this heading in Public Law 104-
61, $22,450,000 are rescinded: Provided, That this reduction shall be
applied proportionally to each budget activity, activity group and
subactivity group and each program, project, and activity within this
appropriation account.
Research, Development, Test and Evaluation, Defense-Wide
(rescission)
Of the funds made available under this heading in Public Law 104-
61, $20,300,000 are rescinded: Provided, That this reduction shall be
applied proportionally to each budget activity, activity group and
subactivity group and each program, project, and activity within this
appropriation account: Provided further, That no reduction may be taken
against the funds made available to the Department of Defense for
Ballistic Missile Defense.
GENERAL PROVISIONS--THIS CHAPTER
(transfer of funds)
Sec. 2001. Section 8005 of the Department of Defense Appropriations
Act, 1996 (Public Law 104-61), is amended by striking out
``$2,400,000,000'' and inserting in lieu thereof ``$3,400,000,000''.
CHAPTER V
GENERAL PROVISIONS--THIS TITLE
Sec. 2002. No part of any appropriation contained in this title
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
TITLE III
EMERGENCY SUPPLEMENTAL APPROPRIATIONS
CHAPTER I
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and flood prevention
operations'' to repair damage to waterways and watersheds resulting
from flooding in the Pacific Northwest, Northeast blizzards and floods,
and other natural disasters, $73,200,000, to remain available until
expended: Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Consolidated Farm Service Agency
emergency conservation program
For an additional amount for ``Emergency conservation program'' for
expenses resulting from flooding in the Pacific Northwest, Northeast
blizzards and floods, and other natural disasters, $24,800,000, to
remain available until expended: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
Emergency Livestock Feed Assistance Program
Notwithstanding any other provision of law, for expenses resulting
from flooding in the Pacific Northwest and other natural disasters, not
to exceed $10,000,000 of Commodity Credit Corporation funds shall be
available until expended for implementation of cost sharing under
provisions consistent with the Emergency Livestock Feed Assistance
Program: Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Rural Housing and Community Development Service
rural housing insurance fund program account
For an additional amount for ``Rural housing insurance fund program
account'' for the additional cost of direct loans, including the cost
of modifying loans as defined in section 502 of the Congressional
Budget Act of 1974, for emergency expenses resulting from flooding in
the Pacific Northwest, Northeast blizzards and floods, Hurricane
Marilyn, and other natural disasters, to be available from funds in the
rural housing insurance fund as follows: $6,500,000 for section 502
direct loans and section 504 housing repair loans, to remain available
until expended: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
very low-income housing repair grants
For an additional amount for ``Very low-income housing repair
grants'' under section 504 of the Housing Act of 1949, as amended, for
emergency expenses resulting from flooding in the Pacific Northwest,
Northeast blizzards and floods, Hurricane Marilyn, and other natural
disasters, $1,100,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
Rural Utilities Service
emergency community water assistance program
For an additional amount for ``Emergency community water assistance
program'' for emergency expenses resulting from flooding in the Pacific
Northwest, Northeast blizzards and floods, and other natural disasters,
$5,000,000, to remain available until expended, for the cost of
emergency community water assistance grants, as authorized by 7 U.S.C.
1926b: Provided, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
rural utilities assistance program
For an additional amount for ``Rural utilities assistance program''
for the additional cost of direct loans and grants, including the cost
of modifying loans as defined in section 502 of the Congressional
Budget Act of 1974, for emergency expenses resulting from flooding in
the Pacific Northwest, Northeast blizzards and floods, and other
natural disasters, $6,000,000, to remain available until expended:
Provided, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
CHAPTER II
Small Business Administration
disaster loans program account
For an additional amount for ``Disaster Loans Program Account'' for
the cost of direct loans authorized by section 7(b) of the Small
Business Act, as amended, $72,300,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That the entire amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
For an additional amount for administrative expenses directly
related to carrying out the disaster loan program, $27,700,000, to
remain available until expended: Provided, That these funds shall be
available only upon notification to the Committees on Appropriations of
the House of Representatives and the Senate in accordance with standard
reprogramming procedures: Provided further, That the entire amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
CHAPTER III
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
operation and maintenance, general
For an additional amount for ``Operation and Maintenance,
General'', for the Northeast and Northwest floods of 1996, $30,000,000,
to remain available until expended: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', for the Northeast and Northwest floods of 1996 and other
disasters, and to replenish funds transferred pursuant to Public Law
84-99, $135,000,000, to remain available until expended: Provided, That
the entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(D)(2)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
construction program
For an additional amount for ``Construction Program'', $9,000,000,
to remain available until expended: Provided, That the entire amount is
designated by Congress as an emergency requirement pursuant to section
251(b)(D)(2)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
DEPARTMENT OF ENERGY
POWER MARKETING ADMINISTRATIONS
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
(transfer of funds)
$5,500,000 of funds appropriated under this heading in the Energy
and Water Development Appropriations Act, 1995 (Public Law 103-316),
shall be transferred to the appropriation account ``Operation and
Maintenance, Alaska Power Administration'', to remain available until
expended, only for necessary termination expenses.
CHAPTER IV
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
construction and access
For an additional amount for ``Construction and Access'',
$4,242,000, to remain available until expended, to repair roads,
culverts, bridges, facilities, fish and wildlife protective structures,
and recreation sites damaged by the Pacific Northwest floods and other
natural disasters: Provided, That Congress hereby designates this
amount as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
oregon and california grant lands
For an additional amount for ``Oregon and California Grant Lands'',
$19,548,000, to remain available until expended, to repair roads,
culverts, bridges, facilities, fish and wildlife protective structures,
and recreation sites damaged by the Pacific Northwest floods and other
natural disasters: Provided, That Congress hereby designates this
amount as an emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
United States Fish and Wildlife Service
construction
For an additional amount for ``Construction'', $20,505,000, to
remain available until expended, to make repairs necessitated by
hurricanes, floods and other natural disasters: Provided, That Congress
hereby designates this amount as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
National Park Service
construction
For an additional amount for ``Construction'', $33,601,000, to
remain available until expended, to make repairs necessitated by
hurricanes, floods and other natural disasters: Provided, That Congress
hereby designates this amount as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'', $1,176,000, to remain available until September 30, 1997,
for expenses necessitated by hurricanes, floods and other natural
disasters: Provided, That Congress hereby designates this amount as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
Bureau of Indian Affairs
operation of indian programs
For an additional amount for ``Operation of Indian Programs'',
$500,000, to remain available until September 30, 1997, for emergency
operations and repairs necessitated by winter floods: Provided, That
Congress hereby designates this amount as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
construction
For an additional amount for ``Construction'', $9,428,000, to
remain available until expended, for emergency repairs necessitated by
floods in the Pacific Northwest and other natural disasters: Provided,
That Congress hereby designates this amount as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Territorial and International Affairs
assistance to territories
For an additional amount for ``Assistance to Territories'',
$2,000,000, to remain available until expended, for recovery efforts
necessitated by Hurricane Marilyn: Provided, That Congress hereby
designates this amount as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
DEPARTMENT OF AGRICULTURE
Forest Service
national forest system
For an additional amount for ``National Forest System'',
$20,000,000, to remain available until September 30, 1997, for expenses
necessitated by floods and other natural disasters: Provided, That
Congress hereby designates this amount as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
construction
For an additional amount for ``Construction'', $60,000,000, to
remain available until expended, for expenses necessitated by floods
and other natural disasters: Provided, That Congress hereby designates
this amount as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That $20,000,000 of this
amount shall be available only to the extent an official budget
request, for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
CHAPTER V
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
federal-aid highways
(highway trust fund)
For the Emergency Fund authorized by section 125 of title 23,
United States Code, to cover expenses arising from the January 1996
flooding in the Mid-Atlantic, Northeast, and Northwest States, and
other disasters, $267,000,000, to be derived from the Highway Trust
Fund and to remain available until expended: Provided, That such amount
is designated by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
mass transit capital account
(liquidation of contract authorization)
(highway trust fund)
For an additional amount for payment of obligations incurred in
carrying out 49 U.S.C. 5338(b) administered by the Federal Transit
Administration, $375,000,000, to be derived from the Highway Trust Fund
and to remain available until expended.
OTHER INDEPENDENT AGENCIES
Panama Canal Commission
panama canal revolving fund
For an additional amount for administrative expenses, $2,000,000,
to be derived from the Panama Canal Revolving Fund.
CHAPTER VI
FEDERAL EMERGENCY MANAGEMENT AGENCY
Disaster Relief
(including transfer of funds)
For an additional amount for ``Disaster Relief'', $150,000,000, to
remain available until expended, which, in whole or in part, may be
transferred to the Disaster Assistance Direct Loan Program Account for
the cost of direct loans as authorized under section 417 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.): Provided further, That such transfer may be made to
subsidize gross obligations for the principal amount of direct loans
not to exceed $170,000,000 under section 417 of the Stafford Act:
Provided further, That any such transfer of funds shall be made only
upon certification by the Director of the Federal Emergency Management
Agency that all requirements of section 417 of the Stafford Act will be
complied with: Provided further, That the entire amount of this
appropriation shall be available only to the extent that an official
budget request for a specific dollar amount, that includes designation
of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to Congress: Provided
further, That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
CHAPTER VII
GENERAL PROVISIONS--THIS TITLE
Sec. 3002. No part of any appropriation contained in this title
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
TITLE IV
CONTINGENT SUPPLEMENTAL APPROPRIATIONS
CHAPTER I
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
industrial technology services
For an additional amount for the Advanced Technology Program,
$100,000,000, to remain available until expended: Provided, That
amounts made available under this heading may be used only for the
purpose of providing continuation grants for projects awarded in fiscal
year 1994 and prior years and related administrative expenses: Provided
further, That none of the funds made available under this heading may
be used for the purpose of carrying out additional program competitions
under the Advanced Technology Program.
DEPARTMENT OF STATE
International Organizations and Conferences
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $158,000,000, subject to the same terms and conditions
as provided in the Department of State and Related Agencies
Appropriations Act, 1996: Provided, That 50 percent of the funds
appropriated in this paragraph shall be withheld from obligation and
expenditure unless the Secretary of State certifies that the United
Nations has taken no action that would cause the United Nations to
exceed its no-growth budget for the biennium 1996-1997 adopted in
December, 1995.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for International
Peacekeeping Activities'', $200,000,000, subject to the same terms and
conditions as provided in the Department of State and Related Agencies
Appropriations Act, 1996.
CHAPTER II
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For an additional amount for ``Training and Employment Services'',
$111,800,000, of which $84,300,000 for title II, part A, of the Job
Training Partnership Act shall be available for obligation for the
period July 1, 1996 through June 30, 1997 and $27,500,000 for the
School-to-Work Opportunities Act shall be available for obligation for
the period July 1, 1996, through September 30, 1997.
state unemployment insurance and employment service operations
For an additional amount for ``State Unemployment Insurance and
Employment Service Operations'', $33,000,000 to be available for
obligation for the period July 1, 1996 through June 30, 1997.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Substance Abuse and Mental Health Services Administration
substance abuse and mental health services
For an additional amount for ``Substance Abuse and Mental Health
Services'', $100,000,000 for carrying out title XIX of the Public
Health Service Act with respect to substance abuse services.
DEPARTMENT OF EDUCATION
education reform
For an additional amount for ``Education Reform'', $389,500,000 for
carrying out activities authorized by the Goals 2000: Educate America
Act and titles II and III of the School-to-Work Opportunities Act which
shall become available on July 1, 1996 and remain available through
September 30, 1997: Provided, That none of the funds appropriated under
this heading shall be obligated or expended to carry out section
304(a)(2)(A) of the Goals 2000: Educate America Act.
education for the disadvantaged
For an additional amount for ``Education for the Disadvantaged'',
$961,000,000 for carrying out title I of the Elementary and Secondary
Education Act of 1965 which shall become available on July 1, 1996 and
remain available through September 30, 1997: Provided, That
$461,000,000 shall be available for basic grants under section 1124,
which shall be allocated without regard to section 1124(d): Provided
further, That $500,000,000 shall be available for concentration grants
under section 1124(A): Provided further, That no funds shall be
reserved under section 1003(a).
school improvement programs
For an additional amount for ``School Improvement Programs'',
$12,000,000 for carrying out title X of the Elementary and Secondary
Education Act of 1965.
education research, statistics, and improvement
For an additional amount for ``Education Research, Statistics, and
Improvement'', $23,000,000 for carrying out section 3136 (K-12
technology learning challenges) of the Elementary and Secondary
Education Act of 1965.
CHAPTER III
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
construction, major projects
For an additional amount for ``Construction, Major Projects'',
$70,100,000, to remain available until expended.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
annual contributions for assisted housing
For an additional amount for ``Annual Contributions for Assisted
Housing'', $150,000,000, to remain available until expended: Provided,
That of the total amount provided, $75,000,000 shall be made available,
as authorized by section 202 of the Housing Act of 1959; and
$75,000,000 shall be for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-Gonzalez
National Affordable Housing Act.
public housing demolition, site revitalization, and replacement housing
grants
For an additional amount for ``Public Housing Demolition, Site
Revitalization, and Replacement Housing Grants'', $220,000,000, to
remain available until expended.
payments for operation of low-income housing projects
For an additional amount for ``Payments for Operation of Low-Income
Housing Projects'', $50,000,000.
Community Planning and Development
community development grants
Of the amount provided under this heading in title I of this Act,
$80,000,000 shall be available for Economic Development Initiative
grants as authorized by section 108(q) of the Housing and Community
Development Act of 1974, as amended, on a competitive basis.
Corporation for National and Community Service
national and community service programs operating expenses
(including transfer of funds)
Upon the implementation of title IV of this Act, notwithstanding
the language under this heading in title I of this Act or any other
provision of law, effective October 1, 1995, and throughout the
remainder of fiscal year 1996, appropriations made available to the
Corporation for National and Community Services are in toto as provided
for in title IV of this Act as follows:
For necessary expenses for the Corporation for National and
Community Service (referred to in the matter under this heading as the
``Corporation'') in carrying out programs, activities, and initiatives
under the National and Community Service Act of 1990 (referred to in
the matter under this heading as the ``Act'') (42 U.S.C. 12501 et
seq.), $383,500,000, of which $234,000,000 shall be available for
obligation from September 1, 1996, through September 30, 1997:
Provided, That not more than $25,000,000 shall be available for
administrative expenses authorized under section 501(a)(4) of the Act
(42 U.S.C. 12681(a)(4)): Provided further, That not more than $2,500
shall be for official reception and representation expenses: Provided
further, That not more than $59,000,000, to remain available without
fiscal year limitation, shall be transferred to the National Service
Trust account for educational awards authorized under subtitle D of
title I of the Act (42 U.S.C. 12601 et seq.): Provided further, That
not more than $175,000,000 of the amount provided under this heading
shall be available for grants under the National Service Trust program
authorized under subtitle C of title I of the Act (42 U.S.C. 12571 et
seq.) (relating to activities including the AmeriCorps program):
Provided further, That not more than $3,500,000 of the funds made
available under this heading shall be made available for the Points of
Light Foundation for activities authorized under title III of the Act
(42 U.S.C. 12661 et seq.): Provided further, That not more than
$40,000,000 of the funds made available under this heading may be used
to administer, reimburse, or support any national service program
authorized under section 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)),
and none of such funds shall be available for national service programs
run by Federal agencies authorized under section 121(b) of such Act (42
U.S.C. 12581(b)): Provided further, That, to the maximum extent
feasible, funds appropriated in the preceding proviso shall be provided
in a manner that is consistent with the recommendations of peer review
panels in order to assure that priority is given to programs that
demonstrate quality, innovation, replicability, and sustainability:
Provided further, That not more than $18,000,000 of the funds made
available under this heading shall be available for the National
Civilian Community Corps authorized under subtitle E of title I of the
Act (42 U.S.C. 12611 et seq.): Provided further, That not more than
$43,000,000 shall be available for school-based and community-based
service-learning programs authorized under subtitle B of title I of the
Act (42 U.S.C. 12521 et seq.): Provided further, That not more than
$15,000,000 shall be available for quality and innovation activities
authorized under subtitle H of title I of the Act (42 U.S.C. 12653 et
seq.): Provided further, That not more than $5,000,000 shall be
available for audits and other evaluations authorized under section 179
of the Act (42 U.S.C. 12639), of which up to $500,000 shall be
available for a study by the National Academy of Public Administration
on the structure, organization, and management of the Corporation and
activities supported by the Corporation, including an assessment of the
quality, innovation, replicability and sustainability without Federal
funds of such activities, and the Federal and non-Federal cost of
supporting participants in community service activities: Provided
further, That no funds from any other appropriation, or from funds
otherwise made available to the Corporation, shall be used to pay for
personnel compensation and benefits, travel, or any other
administrative expense for the Board of Directors, the Office of the
Chief Executive Officer, the Office of the Managing Director, the
Office of the Chief Financial Officer, the Office of National and
Community Service Programs, the Civilian Community Corps, or any field
office or staff of the Corporation working on the National and
Community Service or National Civilian Community Corps programs:
Provided further, That to the maximum extent practicable, the
Corporation shall increase significantly the level of matching funds
and in-kind contributions provided by the private sector, shall expand
significantly the number of educational awards provided under subtitle
D of title I, and shall reduce the total Federal cost per participant
in all programs.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out provisions of the Inspector General Act of 1978,
$2,000,000.
Environmental Protection Agency
environmental programs and management
For an additional amount for ``Environmental Programs and
Management'', $150,000,000, to remain available until September 30,
1997: Provided, That up to $40,000,000 of this amount shall be
available for enforcement activities under this heading.
building and facilities
For an additional amount for ``Buildings and Facilities'',
$50,000,000 for the construction of a new consolidated research
facility at Research Triangle Park, North Carolina, to remain available
until expended: Provided, That notwithstanding any other provision of
law, the Environmental Protection Agency is authorized to establish and
construct a consolidated research facility at Research Triangle Park,
North Carolina, at a maximum total construction cost of $232,000,000,
and to obligate such monies as are made available by this Act, and
hereafter, for this purpose.
hazardous substance superfund
For an additional amount for ``Hazardous Substance Superfund'',
$100,000,000, to remain available until expended.
state and tribal assistance grants
For an additional amount for ``State and Tribal Assistance
Grants'', $3,500,000, to remain available until expended for a grant
for water distribution systems in the South Buffalo/Kittaning,
Pennsylvania area.
Executive Office of the President
council on environmental quality and office of environmental quality
For an additional amount for ``Council on Environmental Quality and
Office of Environmental Quality'', $500,000, subject to the same terms
and conditions as provided under this heading in title I of this Act.
National Science Foundation
research and related activities
For an additional amount for ``Research and Related Activities'',
$40,000,000, to remain available until September 30, 1997.
DEPARTMENT OF THE TREASURY
Community Development Financial Institutions Fund
program account
For grants, loans, and technical assistance to qualifying community
development financial institutions, and administrative expenses of the
Fund, $25,000,000, to remain available until September 30, 1997:
Provided, That of the funds made available under this heading not to
exceed $4,000,000 may be used for the cost of direct loans, and not to
exceed $400,000 may be used for administrative expenses to carry out
the direct loan program: Provided further, That the cost of direct
loans, including the cost of modifying such loans, shall be defined as
in section 502 of the Congressional Budget Act of 1974: Provided
further, That such funds are available to subsidize gross obligation of
the principal amount of direct loans not to exceed $15,800,000:
Provided further, That none of these funds shall be used to supplement
existing resources provided to the Department for activities such as
external affairs, general counsel, administration, finance, or office
of inspector general: Provided further, That none of these funds shall
be available for expenses of an Administrator as defined in section 104
of the Community Development Banking and Financial Institutions Act of
1994 (CDBFI Act): Provided further, That the number of staff funded
under this heading shall not exceed 10 full-time equivalents: Provided
further, That notwithstanding any other provision of law, for purposes
of administering the Community Development Financial Institutions Fund,
the Secretary of the Treasury shall have all powers and rights of the
Administrator of the CDBFI Act and the Fund shall be within the
Department of the Treasury.
CHAPTER IV
GENERAL PROVISIONS--THIS TITLE
Sec. 4001. No part of any appropriation contained in this title
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 4002. Amounts appropriated in this title are available for
obligation only if and when reconciliation legislation is enacted that
expressly makes available for obligation these amounts and that (1)
makes available or causes to be made available to the Committees on
Appropriations of the House and Senate increased budget authority and
outlays for fiscal year 1996 under the provisions of section 302(a) or
602(a) of the Congressional Budget Act of 1974 in at least the amounts
included in this title, (2) credits to or causes to be credited to the
budget authority and outlays for fiscal year 1996 of the Committees on
Appropriations of the House and Senate under the provisions of section
302(a) or 602(a) of the Congressional Budget Act of 1974 offsetting
savings or receipts in at least the amounts included in this title, or
(3) includes any combination of increased budget authority and outlays
or crediting of offsetting savings or receipts to the spending
authority for fiscal year 1996 of the Committees on Appropriations of
the House and Senate under the provisions of section 302(a) or 602(a)
of the Congressional Budget Act of 1974 in at least the amounts
included in this title. Any amounts appropriated in this title that
have not been made available for obligation by the end of the fiscal
year 1996 are hereby rescinded.
TITLE V--DISCLOSURE OF LOBBYING ACTIVITIES BY FEDERAL GRANTEES
Disclosure of Lobbying Activities by Federal Grantees
Sec. 5001. (a) Disclosure Requirements.--Not later than
December 31 of each year, each organization receiving a Federal grant
shall provide (via either electronic or paper medium) to each Federal
entity that awarded or administered its grant an annual report for the
previous Federal fiscal year, certified by the organization's chief
executive officer or equivalent person of authority, setting forth--
(1) the organization's name and grantee identification
number;
(2) the amount or value of each grant (including all
administrative and overhead costs awarded), and the description
of each such grant and the name of the Federal agency awarding
such grant; and
(3) a good faith estimate of the organization's actual
expenses on lobbying activities in the most recent taxable
year.
(b) Exemptions.--This section shall not apply to an individual
or a State, local, or Indian tribal government.
(c) Definitions.--For purposes of this section:
(1) Federal grant.--The term ``Federal grant'' means money or
real property that is paid or provided by the Federal
Government to any organization. Such term does not include (A)
any assistance described in section 6302(2) of title 31, United
States Code; (B) any amount paid under a procurement contract
described in section 6303(1) of such title; or (C) any payment
or assistance described in clause (ii), (iii), (iv), or (vii)
of section 6501(4)(C) of such title.
(2) Lobbying activity.--The term ``lobbying activity'' means
any activity that is either (A) a lobbying activity within the
meaning of section 3 of the Lobbying Disclosure Act of 1995; or
(B) an activity influencing legislation within the meaning of
section 4911 of the Internal Revenue Code of 1986. Such term
shall also include advocating the election or defeat of any
candidate for public office, or the passage or non-passage of
any ballot proposition.
(d) Public Accountability.--
(1) Public availability of lobbying disclosure forms.--Each
Federal entity awarding a Federal grant shall make publicly
available the grant application, and any annual report provided
under subsection (a) by the organization receiving the grant.
(2) Accessibility to public.--The public's access to the
documents identified in paragraph (1) shall be facilitated by
the Federal entity by--
(A) placement of such documents in the Federal
entity's public document reading room;
(B) expediting any requests under section 552 of
title 5, United States Code (the Freedom of Information
Act), ahead of any requests for other information
pending at such Federal entity; and
(C) submitting to the Bureau of the Census a report
(standardized by the Office of Management and Budget)
setting forth the information provided in such
documents, which the Bureau of the Census shall make
available to the public through the Internet.
(3) Withholding prohibited.--Records described in paragraph
(1) shall not be subject to withholding, except under the
exemption set forth in subsection (b)(7)(A) of section 552 of
title 5, United States Code.
(4) Fees prohibited.--No fees for searching for or copying
such documents shall be charged to the public.
(e) Construction.--No provision of this section may be
construed to affect whether any organization is exempt from, or subject
to, tax under the Internal Revenue Code of 1986.
(f) Regulations.--The Director of the Office of Management and
Budget shall issue any regulations necessary to carry out this section.
(g) Effective Date.--
(1) In general.--This section shall take effect January 1,
1996, and apply thereafter.
(2) Prior activities not taken into account.--In applying
this section, only expenditures made after December 31, 1995,
in taxable years ending after such date shall be taken into
account.
(3) Annualization for partial taxable years.--In the case of
a taxable year that ends after December 31, 1995, and begins
before January 1, 1996, each of the dollar amounts applicable
under this section shall be proportionally reduced to reflect
the portion of such taxable year after December 31, 1995.
TITLE VI--DEFICIT REDUCTION LOCK-BOX
SEC. 601. SHORT TITLE.
This title may be cited as the ``Deficit Reduction Lock-box Act
of 1996''.
SEC. 602. DEFICIT REDUCTION LOCK-BOX LEDGER.
(a) Establishment of Ledger.--Title III of the Congressional
Budget Act of 1974 is amended by adding at the end the following new
section:
``deficit reduction lock-box ledger
``Sec. 314. (a) Establishment of Ledger.--The Director of the
Congressional Budget Office (hereinafter in this section referred to as
the ``Director'') shall maintain a ledger to be known as the ``Deficit
Reduction Lock-box Ledger''. The Ledger shall be divided into entries
corresponding to the subcommittees of the Committees on Appropriations.
Each entry shall consist of three parts: the `House Lock-box Balance';
the `Senate Lock-box Balance'; and the `Joint House-Senate Lock-box
Balance'.
``(b) Components of Ledger.--Each component in an entry shall
consist only of amounts credited to it under subsection (c). No entry
of a negative amount shall be made.
``(c) Credit of Amounts to Ledger.--(1) The Director shall,
upon the engrossment of any appropriation bill by the House of
Representatives and upon the engrossment of that bill by the Senate,
credit to the applicable entry balance of that House amounts of new
budget authority and outlays equal to the net amounts of reductions in
new budget authority and in outlays resulting from amendments agreed to
by that House to that bill.
``(2) The Director shall, upon the engrossment of Senate
amendments to any appropriation bill, credit to the applicable Joint
House-Senate Lock-box Balance the amounts of new budget authority and
outlays equal to--
``(A) an amount equal to one-half of the sum of (i) the
amount of new budget authority in the House Lock-box Balance
plus (ii) the amount of new budget authority in the Senate
Lock-box Balance for that bill; and
``(B) an amount equal to one-half of the sum of (i) the
amount of outlays in the House Lock-box Balance plus (ii) the
amount of outlays in the Senate Lock-box Balance for that bill.
``(3) Calculation of Lock-Box Savings in Senate.--For purposes
of calculating under this section the net amounts of reductions in new
budget authority and in outlays resulting from amendments agreed to by
the Senate on an appropriation bill, the amendments reported to the
Senate by its Committee on Appropriations shall be considered to be
part of the original text of the bill.
``(d) Definition.--As used in this section, the term
`appropriation bill' means any general or special appropriation bill,
and any bill or joint resolution making supplemental, deficiency, or
continuing appropriations through the end of a fiscal year.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 313 the
following new item:
``Sec. 314. Deficit reduction lock-box ledger.''.
SEC. 603. TALLY DURING HOUSE CONSIDERATION.
There shall be available to Members in the House of
Representatives during consideration of any appropriations bill by the
House a running tally of the amendments adopted reflecting increases
and decreases of budget authority in the bill as reported.
SEC. 604. DOWNWARD ADJUSTMENT OF 602(a) ALLOCATIONS AND SECTION 602(b)
SUBALLOCATIONS.
(a) Allocations.--Section 602(a) of the Congressional Budget
Act of 1974 is amended by adding at the end the following new
paragraph:
``(5) Upon the engrossment of Senate amendments to any
appropriation bill (as defined in section 314(d)) for a fiscal
year, the amounts allocated under paragraph (1) or (2) to the
Committee on Appropriations of each House upon the adoption of
the most recent concurrent resolution on the budget for that
fiscal year shall be adjusted downward by the amounts credited
to the applicable Joint House-Senate Lock-box Balance under
section 314(c)(2). The revised levels of budget authority and
outlays shall be submitted to each House by the chairman of the
Committee on the Budget of that House and shall be printed in
the Congressional Record.''.
(b) Suballocations.--Section 602(b)(1) of the Congressional
Budget Act of 1974 is amended by adding at the end the following new
sentence: ``Whenever an adjustment is made under subsection (a)(5) to
an allocation under that subsection, the chairman of the Committee on
Appropriations of each House shall make downward adjustments in the
most recent suballocations of new budget authority and outlays under
subparagraph (A) to the appropriate subcommittees of that committee in
the total amounts of those adjustments under section 314(c)(2). The
revised suballocations shall be submitted to each House by the chairman
of the Committee on Appropriations of that House and shall be printed
in the Congressional Record.''.
SEC. 605. PERIODIC REPORTING OF LEDGER STATEMENTS.
Section 308(b)(1) of the Congressional Budget Act of 1974 is
amended by adding at the end the following new sentence: ``Such reports
shall also include an up-to-date tabulation of the amounts contained in
the ledger and each entry established by section 314(a).''.
SEC. 606. DOWNWARD ADJUSTMENT OF DISCRETIONARY SPENDING LIMITS.
The discretionary spending limits for new budget authority and
outlays for any fiscal year set forth in section 601(a)(2) of the
Congressional Budget Act of 1974, as adjusted in strict conformance
with section 251 of the Balanced Budget and Emergency Deficit Control
Act of 1985, shall be reduced by the amounts set forth in the final
regular appropriation bill for that fiscal year or joint resolution
making continuing appropriations through the end of that fiscal year.
Those amounts shall be the sums of the Joint House-Senate Lock-box
Balances for that fiscal year, as calculated under section 602(a)(5) of
the Congressional Budget Act of 1974. That bill or joint resolution
shall contain the following statement of law: ``As required by section
6 of the Deficit Reduction Lock-box Act of 1995, for fiscal year
[insert appropriate fiscal year] and each outyear, the adjusted
discretionary spending limit for new budget authority shall be reduced
by $ [insert appropriate amount of reduction] and the adjusted
discretionary limit for outlays shall be reduced by $ [insert
appropriate amount of reduction] for the budget year and each
outyear.'' Notwithstanding section 904(c) of the Congressional Budget
Act of 1974, section 306 of that Act as it applies to this statement
shall be waived. This adjustment shall be reflected in reports under
sections 254(g) and 254(h) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
SEC. 607. EFFECTIVE DATE.
(a) In General.--This title shall apply to all appropriations
bills making appropriations for fiscal year 1996 or any subsequent
fiscal year.
(b) FY96 Application.--In the case of any appropriation bill
for fiscal year 1996 engrossed by the House of Representatives after
August 4, 1995 and before the date of enactment of this bill, the
Director of the Congressional Budget Office, the Director of the Office
of Management and Budget, and the Committees on Appropriations and the
Committees on the Budget of the House of Representatives and of the
Senate shall, within 10 calendar days after that date of enactment of
this Act, carry out the duties required by this title and amendments
made by it that occur after the date this Act was engrossed by the
House of Representatives.
(c) FY96 Allocations.--The duties of the Director of the
Congressional Budget Office and of the Committees on the Budget and on
Appropriations of the House of Representatives pursuant to this title
and the amendments made by it regarding appropriations bills for fiscal
year 1996 shall be based upon the revised section 602(a) allocations in
effect on August 4, 1995.
(d) Definition.--As used in this section, the term
``Appropriation bill'' means any general or special appropriation bill,
and any bill or joint resolution making supplemental, deficiency, or
continuing appropriations through the end of a fiscal year.
This Act may be cited as the ``Balanced Budget Down Payment Act,
II.''
Passed the House of Representatives March 7, 1996.
Attest:
ROBIN H. CARLE,
Clerk.