[House Document 104-149]
[From the U.S. Government Publishing Office]
104th Congress, 1st Session - - - - - - - - - - - - House
Document 104-149
VETO OF H.R. 2076
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
HIS VETO OF H.R. 2076, A BILL 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.
December 19, 1995.--Message and accompanying bill ordered to be printed
House Document Number 104-149
To the House of Representatives:
I am returning herewith without my approval H.R. 2076, the
``Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1996.''
This bill does not meet the priorities and needs of our
Nation and people. It would undermine our ability to fight the
war on crime; decimate technology programs that are critical to
building a strong U.S. economy; and weaken our leadership in
the world by drastically cutting funding for international
organizations, peacekeeping, and other international affairs
activities.
First, the bill represents an unacceptable retreat in our
fight against crime and drugs. It eliminates my COPS initiative
(Community Oriented Policing Services) to put 100,000 more
police officers on the street. Already, this initiative has put
thousands of police on the street, working hand-in-hand with
their communities to fight crime. The block grant that H.R.
2076 would offer instead would not guarantee a single new
policy officer. That's not what the American people want, and I
won't accept it. As I have said, I will not sign any version of
this bill that does not fund the COPS initiative as a free-
standing, discretionary grant program, as authorized.
The bill also eliminates my ``drug courts'' initiative. And
it unwisely abandons crime prevention efforts such as the Ounce
of Prevention Council and the Community Relations Service. I am
also disappointed that the funding levels in the bill fall
short of my request for the Drug Enforcement Administration,
and OCDEFG (Organized Crime Drug Enforcement Task Force). This
is no time to let down our guard in the fight against drugs.
Second, the bill constitutes a short-sighted assault on the
Commerce Department's technology programs that work effectively
with business to expand our economy, help Americans compete in
the global marketplace, and create high quality jobs. As we
approach a new, technology-driven century, it makes no sense to
eliminate an industry-driven, highly competitive, cost-shared
initiative like our Advanced Technology Program (ATP), which
fosters technology development, promotes industrial alliances,
and creates jobs. Nor does it make sense to sharply cut funding
for measures that will help assure our long-term growth and
competitiveness--such as our National Information
Infrastructure grants program, which helps connect schools,
hospitals, and libraries to the information superhighway; the
GLOBE program, which promotes the study of science and the
environment in our schools; the Manufacturing Extension
Partnership, which helps small manufacturers meet the hi-tech
demands of the new marketplace; Defense Conversion; or the
Technology Administration. And I oppose the bill's harmful cuts
for the Census Bureau and for economic and statistical
analysis.
Third, I am deeply concerned that this bill would undermine
our global leadership and impair our ability to protect and
defend important U.S. interests around the world--both by
making unwise cuts in funding for international organizations
and peacekeeping activities, and by cutting programs of the
State Department, the Arms Control and Disarmament Agency, and
the United States Information Agency. These cuts would impair
our ability to support important activities such as the
nonproliferation of weapons, the promotion of human rights, and
the control of infectious diseases like the Ebola virus.
Moreover, sections of the bill include inappropriate
restrictive language, including language limiting the conduct
of U.S. diplomatic relations with Vietnam, that I believe
infringe on Presidential prerogatives. And I cannot accept the
provision that would cut off all funding for these agencies on
April 1, 1996, unless the State Department Authorization Act
and related legislation had been signed into law.
Fourth, the bill includes three additional provisions that
I cannot accept.
It cripples the capacity of the Legal Services Corporation
(LSC) to fulfill its historic mission of serving people in
need--slashing its overall funding, sharply limiting the
administrative funds LSC needs to conduct its business, and
imposing excessive restrictions on LSC's operations. LSC should
be allowed to carry on its work in an appropriate manner, both
in its basic programs and in special initiatives like the
migrant legal services program.
Section 103 of the bill would prohibit the use of funds for
performing abortions, except in cases involving rape or danger
to the life of the mother. The Justice Department has advised
that there is a substantial risk that this provision would be
held unconstitutional as applied to female prison inmates.
The bill also includes an ill-considered legislative rider
that would impose a moratorium on future listings under the
Endangered Species Act by the National Oceanic and Atmospheric
Administration and other agencies. That rider not only would
make bad policy, it also has no place in this bill.
Finally, I would urge the Congress to continue the
Associate Attorney General's office.
For these reasons and others my Administration has conveyed
to the Congress in earlier communications, I cannot accept this
bill. H.R. 2076 does not reflect my priorities or the values of
the American people. I urge the Congress to send me an
appropriations bill that truly serves this Nation and its
people.
William J. Clinton.
The White House, December 19, 1995.
H.R. 2076
One Hundred Fourth Congress of the United States of America, at the
First Session, Begun and Held at the City of Washington on Wednesday,
the Fourth Day of January, One Thousand Nine Hundred and Ninety-Five
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.
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, for the fiscal year ending
September 30, 1996, and for other purposes, namely:
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 including
$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 Executive Support program 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 inter-
national 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 premeger
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 $506,800,000
is available for the Border Patrol, of which $12,100,000 shall
remain available until September 30, 1997; 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 Natu-
ralization 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 $44,089,000 shall be for
expeditious deportation of denied asylum applicants,
$231,570,000 for improving border controls, and $40,539,000 for
expanded special deportation proceedings: Provided, That of the
amounts made available, $78,000,000 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: Pro-
vided, 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.
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.
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. 101. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $45,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception and
representation expenses in accord-
ance with distributions, procedures, and regulations
established by the Attorney General.
Sec. 102. Subject to section 102(b) of the Department of
Justice and Related Agencies Appropriations Act, 1993, as
amended by section 112 of this Act, authorities contained in
Public Law 96-132, ``The Department of Justice Appropriation
Authorization Act, Fiscal Year 1980'', shall remain in effect
until the termination date of this Act or until the effective
date of a Department of Justice Appropriation Authorization
Act, whichever is earlier.
Sec. 103. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That should
this prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
Sec. 104. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 105. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 104 intended to address the philosophical beliefs of
individual employees of the Bureau of Prisons.
Sec. 106. Notwithstanding any other provision of law, not
to exceed $10,000,000 of the funds made available in this Act
may be used to establish and publicize a program under which
publicly-advertised, extraordinary rewards may be paid, which
shall not be subject to spending limitations contained in
sections 3059 and 3072 of title 18, United States Code:
Provided, That any reward of $100,000 or more, up to a maximum
of $2,000,000, may not be made without the personal approval of
the President or the Attorney General and such approval may not
be delegated.
Sec. 107. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act, including those derived from the
Violent Crime Reduction Trust Fund, 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 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. 108. For fiscal year 1996 and each fiscal year
thereafter, amounts in the Federal Prison System's Commissary
Fund, Federal Prisons, which are not currently needed for
operations, shall be kept on deposit or invested in obligations
of, or guaranteed by, the United States and all earnings on
such investment shall be deposited in the Commissary Fund.
Sec. 109. Section 524(c)(9) of title 28, United States
Code, is amended by adding subparagraph (E), as follows:
``(E) Subject to the notification procedures contained in
section 605 of Public Law 103-121, and after satisfying the
transfer requirement in subparagraph (B) of this paragraph, any
excess unobligated balance remaining in the Fund on September
30, 1995 shall be available to the Attorney General, without
fiscal year limitation,
for any Federal law enforcement, litigative/prosecutive, and
correctional activities, or any other authorized purpose of the
Department of Justice. Any amounts provided pursuant to this
subparagraph may be used under authorities available to the
organization receiving the funds.''.
Sec. 110. Hereafter, notwithstanding any other provision
of law--
(1) No transfers may be made from Department of
Justice accounts other than those authorized in this
Act, or in previous or subsequent appropriations Acts
for the Department of Justice, or in part II of title
28 of the United States Code, or in section 10601 of
title 42 of the United States Code; and
(2) No appropriation account within the Department
of Justice shall have its allocation of funds
controlled by other than an apportionment issued by the
Office of Management and Budget or an allotment advice
issued by the Department of Justice.
Sec. 111. (a) Section 1930(a)(6) of title 28, United
States Code, is amended by striking ``a plan is confirmed or''.
(b) Section 589a(b)(5) of such title is amended by
striking ``;'' and inserting, ``until a reorganization plan is
confirmed;''.
(c) Section 589a(f) of such title is amended--
(1) in paragraph (2) by striking ``.'' and
inserting, ``until a reorganization plan is
confirmed;'', and
(2) by inserting after paragraph (2) the following
new paragraph:
``(3) 100 percent of the fees collected under
section 1930(a)(6) of this title after a reorganization
plan is confirmed.''.
Sec. 112. Public Law 102-395, section 102 is amended as
follows: (1) in subsection (b)(1) strike ``years 1993, 1994,
and 1995'' and insert ``year 1996''; (2) in subsection
(b)(1)(C) strike ``years 1993, 1994, and 1995'' and insert
``year 1996''; and (3) in subsection (b)(5)(A) strike ``years
1993, 1994, and 1995'' and insert ``year 1996''.
Sec. 113. Public Law 101-515 (104 Stat. 2112; 28 U.S.C.
534 note) is amended by inserting ``and criminal justice
information'' after ``for the automation of finger-print
identification''.
Sec. 114. (a) Grant Program.--Subtitle A of title II of
the Violent Crime Control 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 aggra-
vated 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 be 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 NONFEDERAL 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. Report by the Attorney General.''.
Sec. 115. Notwithstanding provisions of 41 U.S.C. 353 or
any other provision of law, the Federal Prison System may enter
into contracts and other agreements with private entities for a
period not to exceed 3 years and 7 additional option years for
the confinement of Federal prisoners.
Sec. 116. (a) In General.--Subsection (b) of section 4 of
the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
2(b)) is amended by striking ``March 11, 1993'' each place it
appears and inserting ``August 1, 1994''.
(b) Effective Date.--The amendments made by subsection
(a) shall take effect as if included in the provisions of the
National Voter Registration Act of 1993.
Sec. 117. Notwithstanding any other provision of law, a
Federal, State, or local government agency may not use a voter
registration card (or other related document) that evidences
registration for an election for Federal office, as evidence to
prove United States citizenship.
Sec. 118. Section 1344(b)(6) of title 31, United States
Code, is amended to read as follows:
``(6) the Director of the Central Intelligence
Agency, the Director of the Federal Bureau of
Investigation, and the Administrator of the Drug
Enforcement Administration;''.
Sec. 119. (a) Authority of the Foreign Claims Settlement
Commission.--The Foreign Claims Settlement Commission of the
United States (the ``Commission'') is authorized to receive and
determine the validity and amount of claims by nationals of the
United States against the Federal Republic of Germany covered
by Article 2(2) of the Agreement Between the Government of the
Federal Republic of Germany and the Government of the United
States of America Concerning Final Benefits to Certain United
States Nationals Who Were Victims of National Socialist
Measures of Persecution, entered into force September 19, 1995
(the ``Agreement''). In deciding such claims, the Commission
shall be guided by the criteria applied by the Department of
State in determining
the validity and amount of the claims covered by and settled
under Article 2(1) of the Agreement.
(b) Application of Other Laws.--Except to the extent
inconsistent with the provisions of this section, the
provisions of title I of the International Claims Settlement
Act of 1949 (22 U.S.C. 1621 et sec.), except for section 7(b)
(22 U.S.C. 1626(b)), shall apply with respect to claims under
this section. Any reference in such provisions to ``this
title'' shall be deemed to refer to those provisions and to
this section.
(c) Certification and Payment.--
(1) Not later than two years after the entry into
force of the Agreement, the Commission shall certify to
the Secretary of State, in writing, its determinations
as to the validity and amount of the claims authorized
for decision under subsection (a).
(2) In the case of claims found to be compensable
under subsection (a), the Commission shall certify the
awards entered in the claims to the Secretary of the
Treasury in accordance with section 5 of title I of the
International Claims Settlement Act of 1949 (22 U.S.C.
1624). Such awards shall be paid in accordance with
subsections (a) and (c)-(f) of section 7 of such title
(22 U.S.C. 1626) out of a special fund established in
accordance with section 8 of such title (22 U.S.C.
1627), following conclusion of the negotiations
provided for in Article 2(2) of the Agreement.
(d) Confidentiality of Records.--Records pertaining to
the claims received by the Commission pursuant to subsection
(a) shall not be publicly disclosed and shall not be required
to be disclosed pursuant to section 552 of title 5, United
States Code.
(e) Separability.--If any provision of this section or
the application thereof to any person or circumstances is held
invalid, the remainder of this section or the application of
such provision to other persons or circumstances shall not be
affected.
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.
United States Travel and Tourism Administration
salaries and expenses
For necessary expenses of the United States Travel and
Tourism Administration, $2,000,000, to remain available until
December 31, 1995: Provided, That none of the funds
appropriated by this paragraph shall be available to carry out
the provisions of section 203(a) of the International Travel
Act of 1961, as amended.
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. None of the funds 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.
Sec. 208. 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. 209. (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. 210. 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 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 the preceding
two provisos shall remain in effect through April 1, 1996:
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 may be used, and shall not be available, for
obligation or expenditure 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,
$35,700,000, 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 Informa-
tion 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. Section 8 of the Eisenhower Exchange Fellowship
Act of 1990 is amended in the last sentence by striking
``fiscal year 1995'' and inserting ``fiscal year 1999''.
Sec. 408. Sections 6(a) and 6(b) of Public Law 101-454
are repealed.
Sec. 409. 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. 410. 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
Martime 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 $265,000,000 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 $6,000,000 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.''.
Newt Gingrich,
Speaker of the House of Representatives.
Strom Thurmond,
President of the Senate pro tempore.
[Endorsement on back of bill:]
I certify that this Act originated in the House of
Representatives.
Robin H. Carle, Clerk.