[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.

                                
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