[Congressional Record Volume 141, Number 191 (Monday, December 4, 1995)]
[House]
[Pages H13874-H13928]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     CONFERENCE REPORT ON H.R. 2076

  Mr. ROGERS submitted the following conference report and statement on 
the bill (H.R. 2076) making appropriations for the Department of 
Commerce, Justice, and State, the Judiciary, and related agencies for 
the fiscal year ending September 30, 1996, and for other purposes:

                  Conference Report (H. Rept. 104-378)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2076) ``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,'' having met, after full and free 
     conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert: 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 international 
     terrorism, including payment of rewards in connection with 
     these activities, and (3) the costs of conducting a terrorism 
     threat assessment of Federal agencies and their facilities: 
     Provided, That funds provided under this section shall be 
     available only after the Attorney General notifies the 
     Committees on Appropriations of the House of Representatives 
     and the Senate in accordance with section 605 of this Act.


                   administrative review and appeals

       For expenses necessary for the administration of pardon and 
     clemency petitions and immigration related activities, 
     $38,886,000: Provided, That the obligated and unobligated 
     balances of funds previously appropriated to the General 
     Administration, Salaries and Expenses appropriation for the 
     Executive Office for Immigration Review and the Office of the 
     Pardon Attorney shall be merged with this appropriation.


  violent crime reduction programs, administrative review and appeals

       For activities authorized by sections 130005 and 130007 of 
     Public Law 103-322, $47,780,000, to remain available until 
     expended, which shall be derived from the Violent Crime 
     Reduction Trust Fund: Provided, That the obligated and 
     unobligated balances of funds previously appropriated to the 
     General Administration, Salaries and Expenses appropriation 
     under Title VIII of Public Law 103-317 for the Executive 
     Office for Immigration Review shall be merged with this 
     appropriation.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $28,960,000; including not to exceed 
     $10,000 to meet unforeseen emergencies of a confidential 
     character, to be expended under the direction of, and to be 
     accounted for solely under the certificate of, the Attorney 
     General; and for the acquisition, lease, maintenance and 
     operation of motor vehicles without regard to the general 
     purchase price limitation.

                    United States Parole Commission


                         salaries and expenses

       For necessary expenses of the United States Parole 
     Commission as authorized by law, $5,446,000.

                            Legal Activities


            salaries and expenses, general legal activities

                     (including transfer of funds)

       For expenses necessary for the legal activities of the 
     Department of Justice, not otherwise provided for, including 
     not to exceed $20,000 for expenses of collecting evidence, to 
     be expended under the direction of, and to be accounted for 
     solely under the certificate of, the Attorney General; and 
     rent of private or Government-owned space in the District of 
     Columbia; $401,929,000; of which not to exceed $10,000,000 
     for litigation support contracts shall remain available until 
     expended: Provided, That of the funds available in this 
     appropriation, not to exceed $22,618,000 shall remain 
     available until expended for office automation systems for 
     the legal divisions covered by this appropriation, and for 
     the United States Attorneys, the Antitrust Division, and 
     offices funded through ``Salaries and Expenses'', General 
     Administration: Provided further, That of the total amount 
     appropriated, not to exceed $1,000 shall be available to the 
     United States National Central Bureau, INTERPOL, for official 
     reception and representation expenses: Provided further, That 
     notwithstanding 31 U.S.C. 1342, the Attorney General may 
     accept on behalf of the United States and credit to this 
     appropriation, gifts of money, personal property and 
     services, for the purpose of hosting the International 
     Criminal Police Organization's (INTERPOL) American Regional 
     Conference in the United States during fiscal year 1996.
       In addition, for reimbursement of expenses of the 
     Department of Justice associated with processing cases under 
     the National Childhood Vaccine Injury Act of 1986, not to 
     exceed $4,028,000, to be appropriated from the Vaccine Injury 
     Compensation Trust Fund, as authorized by section 6601 of the 
     Omnibus Budget Reconciliation Act, 1989, as amended by Public 
     Law 101-512 (104 Stat. 1289).
       In addition, for Salaries and Expenses, General Legal 
     Activities, $12,000,000 shall be made available to be derived 
     by transfer from unobligated balances of the Working Capital 
     Fund in the Department of Justice.


       violent crime reduction programs, general legal activities

       For the expeditious deportation of denied asylum 
     applicants, as authorized by section 130005 of Public Law 
     103-322, $7,591,000, to remain available until expended, 
     which shall be derived from the Violent Crime Reduction Trust 
     Fund.


               salaries and expenses, antitrust division

       For expenses necessary for the enforcement of antitrust and 
     kindred laws, $65,783,000: Provided, That notwithstanding any 
     other provision of law, not to exceed $48,262,000 of 
     offsetting collections derived from fees collected for 
     premerger notification filings under the Hart-Scott-Rodino 
     Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be 
     retained and used for necessary expenses in this 
     appropriation, and shall remain available until expended: 
     Provided further, That the sum herein appropriated from the 
     General Fund shall be reduced as such offsetting collections 
     are received during fiscal year 1996, so as to result in a 
     final fiscal year 1996 appropriation from the General Fund 
     estimated at not more than $17,521,000: Provided further, 
     That any fees received in excess of $48,262,000 in fiscal 
     year 1996, shall remain available until expended, but shall 
     not be available for obligation until October 1, 1996.


             salaries and expenses, united states attorneys

       For necessary expenses of the Office of the United States 
     Attorneys, including intergovernmental agreements, 
     $895,509,000, of which not to exceed $2,500,000 shall be 
     available until September 30, 1997 for the purposes of (1) 
     providing training of personnel of the Department of Justice 
     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 

[[Page H 13875]]
     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 service 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 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.

                      Community Relations Service


                         salaries and expenses

       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 

[[Page H 13876]]
     until expended; and of which not to exceed $10,000,000 shall be 
     available for costs associated with the training program for 
     basic officer training: Provided, That none of the funds 
     available to the Immigration and Naturalization Service shall 
     be available for administrative expenses to pay any employee 
     overtime pay in an amount in excess of $25,000 during the 
     calendar year beginning January 1, 1996: Provided further, 
     That uniforms may be purchased without regard to the general 
     purchase price limitation for the current fiscal year: 
     Provided further, That not to exceed $5,000 shall be 
     available for official reception and representation expenses: 
     Provided further, That the Attorney General may transfer to 
     the Department of Labor and the Social Security 
     Administration not to exceed $10,000,000 for programs to 
     verify the immigration status of persons seeking employment 
     in the United States: Provided further, That none of the 
     funds provided in this or any other Act shall be used for the 
     continued operation of the San Clemente and Temecula 
     checkpoints unless: (1) the checkpoints are open and traffic 
     is being checked on a continuous 24-hour basis and (2) the 
     Immigration and Naturalization Service undertakes a commuter 
     lane facilitation pilot program at the San Clemente 
     checkpoint within 90 days of enactment of this Act: Provided 
     further, That the Immigration and Naturalization Service 
     shall undertake the renovation and improvement of the San 
     Clemente checkpoint, to include the addition of two to four 
     lanes, and which shall be exempt from Federal procurement 
     regulations for contract formation, from within existing 
     balances in the Immigration and Naturalization Service 
     Construction account: Provided further, That if renovation of 
     the San Clemente checkpoint is not completed by July 1, 1996, 
     the San Clemente checkpoint will close until such time as the 
     renovations and improvements are completed unless funds for 
     the continued operation of the checkpoint are provided and 
     made available for obligation and expenditure in accordance 
     with procedures set forth in section 605 of this Act, as the 
     result of certification by the Attorney General that exigent 
     circumstances require the checkpoint to be open and delays in 
     completion of the renovations are not the result of any 
     actions that are or have been in the control of the 
     Department of Justice: Provided further, That the Office of 
     Public Affairs at the Immigration and Naturalization Service 
     shall conduct its business in areas only relating to its 
     central mission, including: research, analysis, and 
     dissemination of information, through the media and other 
     communications outlets, relating to the activities of the 
     Immigration and Naturalization Service: Provided further, 
     That the Office of Congressional Relations at the Immigration 
     and Naturalization Service shall conduct business in areas 
     only relating to its central mission, including: providing 
     services to Members of Congress relating to constituent 
     inquiries and requests for information; and working with the 
     relevant congressional committees on proposed legislation 
     affecting immigration matters: Provided further, That in 
     addition to amounts otherwise made available in this title to 
     the Attorney General, the Attorney General is authorized to 
     accept and utilize, on behalf of the United States, the 
     $100,000 Innovation in American Government Award for 1995 
     from the Ford Foundation for the Immigration and 
     Naturalization Service's Operation Jobs program.


                    violent crime Reduction programs

       For activities authorized by sections 130005, 130006, and 
     130007 of Public Law 103-322, $316,198,000 to remain 
     available until expended which shall 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: Provided, That there may 
     be transferred to the Health Resources and Services 
     Administration such amounts as may be necessary, in the 
     discretion of the Attorney General, for direct expenditures 
     by that Administration for medical relief for inmates of 
     Federal penal and correctional institutions: Provided 
     further, That the Director of the Federal Prison System 
     (FPS), where necessary, may enter into contracts with a 
     fiscal agent/fiscal intermediary claims processor to 
     determine the amounts payable to persons who, on behalf of 
     the FPS, furnish health services to individuals committed to 
     the custody of the FPS: Provided further, That uniforms may 
     be purchased without regard to the general purchase price 
     limitation for the current fiscal year: Provided further, 
     That not to exceed $6,000 shall be available for official 
     reception and representation expenses: Provided further, That 
     not to exceed $50,000,000 for the activation of new 
     facilities shall remain available until September 30, 1997: 
     Provided further, That of the amounts provided for Contract 
     Confinement, not to exceed $20,000,000 shall remain available 
     until expended to make payments in advance for grants, 
     contracts and reimbursable agreements and other expenses 
     authorized by section 501(c) of the Refugee Education 
     Assistance Act of 1980 for the care and security in the 
     United States of Cuba 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 

[[Page H 13877]]
     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 that 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 102-566, 
     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 accordance 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 unconstitional 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 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 20 percent by any such transfers: Provided, That any 
     transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 605 

[[Page H 13878]]
     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 
     aggravated assault as reported to the Federal Bureau of 
     Investigation for purposes of the Uniform Crime Reports; and
       ``(3) the term `State' means a State of the United States, 
     the District of Columbia, or any commonwealth, territory, or 
     possession of the United States.

     ``SEC. 20102. AUTHORIZATION OF GRANTS.

       ``(a) In General.--The Attorney General shall provide 
     grants to eligible States--
       ``(1) to build or expand correctional facilities to 
     increase the prison bed capacity for the confinement of 
     persons convicted of a part 1 violent crime or adjudicated 
     delinquent for an act which if committed by an adult, would 
     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.

[[Page H 13879]]

       ``(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 in 
     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) $2,527,000,000 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 of 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 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.

[[Page H 13880]]

``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 on 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 1 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.

[[Page H 13881]]


            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 
     fee 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, $138,812,000.


                     periodic censuses and programs

       For expenses necessary to collect and publish statistics 
     for periodic census 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 Services 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 extended: 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 State 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.

[[Page H 13882]]


                         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 
     expenses.

         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 

[[Page H 13883]]
     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 92-236.
       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 
     Year 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 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 by 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 (P.L. 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.

[[Page H 13884]]



              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 
     Services 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 
     articles 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 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 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 
     authorizing by 22 U.S.C. 2455.


           eisenhower exchange fellowship program trust fund

       For necessary expenses of Eisenhower Exchange Fellowships, 
     Incorporated as authorized 

[[Page H 13885]]
     by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990 
     (20 U.S.C. 5204-05), all interest and earnings accruing to 
     the Eisenhower Exchange Fellowship Program Trust Fund on or 
     before September 30, 1996, to remain available until 
     expended: Provided, That none of the funds appropriated 
     herein shall be used to pay any salary or other compensation, 
     or to enter into any contract providing for the payment 
     thereof, in excess of the rate authorized by 5 U.S.C. 5376; 
     or for purposes which are not in accordance with OMB 
     Circulars A-110 (Uniform Administrative Requirements) and A-
     122 (Cost Principles for Non-profit Organizations), including 
     the restrictions on compensation for personal services.


                    israeli arab scholarship program

       For necessary expenses of the Israeli Arab Scholarship 
     Program as authorized by section 214 of the Foreign Relations 
     Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 
     2452), all interest and earnings accruing to the Israeli Arab 
     Scholarship Fund on or before September 30, 1996, to remain 
     available until expended.


              american studies collections endowment fund

       For necessary expenses of American Studies Collections as 
     authorized by section 235 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995, all interest 
     and earnings accruing to the American Studies Collections 
     Endowment Fund on or before September 30, 1996, to remain 
     available until expended.


                 international broadcasting operations

       For expenses necessary to enable the United States 
     Information Agency, as authorized by the United States 
     Information and Educational Exchange Act of 1948, as amended, 
     the United States International Broadcasting Act of 1994, as 
     amended, and Reorganization Plan No. 2 of 1977, to carry out 
     international communication activities; $325,191,000, of 
     which $5,000,000 shall remain available until expended, not 
     to exceed $16,000 may be used for official receptions within 
     the United States as authorized by 22 U.S.C. 1474(3), not to 
     exceed $35,000 may be used for representation abroad as 
     authorized by 22 U.S.C. 1452 and 4085, and not to exceed 
     $39,000 may be used for official reception and representation 
     expenses of Radio Free Europe/Radio Liberty; and in addition, 
     not to exceed $250,000 from fees as authorized by section 810 
     of the United States Information and Educational Exchange Act 
     of 1948, as amended, to remain available until expended for 
     carrying out authorized purposes, and in addition, 
     notwithstanding any other provision of law, not to exceed 
     $1,000,000 in monies received (including receipts from 
     advertising, if any) by or for the use of the United States 
     Information Agency from or in connection with broadcasting 
     resources owned by or on behalf of the Agency, to be 
     available until expended for carrying out authorized 
     purposes.


                          broadcasting to cuba

       For expenses necessary to enable the United States 
     information Agency to carry out the Radio Broadcasting to 
     Cuba Act, as amended, the Television Broadcasting to Cuba 
     Act, and the International Broadcasting Act of 1994, 
     including the purchase, rent, construction, and improvement 
     of facilities for radio and television transmission and 
     reception, and purchase and installation of necessary 
     equipment for radio and television transmission and 
     reception, $24,809,000 to remain available until expended: 
     Provided, That not later than April 1, 1996, the headquarters 
     of the Office of Cuba Broadcasting shall be relocated from 
     Washington, D.C. to south Florida, and that any funds 
     available under the headings ``International Broadcasting 
     Operations'', ``Broadcasting to Cuba'', and ``Radio 
     Construction'' may be available to carry out this relocation.


                           radio construction

       For an additional amount for the purchase, rent, 
     construction, and improvement of facilities for radio 
     transmission and reception and purchase and installation of 
     necessary equipment for radio and television transmission and 
     reception as authorized by 22 U.S.C. 1471, $40,000,000, to 
     remain available until expended as authorized by 22 U.S.C. 
     1477b(a).


                            east-west center

       To enable the Director of the United States Information 
     Agency to provide for carrying out the provisions of the 
     Center for Cultural and Technical Interchange Between East 
     and West Act of 1960 (22 U.S.C. 2054-2057), by grant to the 
     Center for Cultural and Technical Interchange Between East 
     and West in the State of Hawaii, $11,750,000: Provided, That 
     none of the funds appropriated herein shall be used to pay 
     any salary, or enter into any contract providing for the 
     payment thereof, in excess of the rate authorized by 5 U.S.C. 
     5376.


                           north/south center

       To enable the Director of the United States Information 
     Agency to provide for carrying out the provisions of the 
     North/South Center Act of 1991 (22 U.S.C. 2075), by grant to 
     an educational institution in Florida known as the North/
     South Center, $2,000,000, to remain available until expended.


                    National Endowment for Democracy

       For grants made by the United States Information Agency to 
     the National Endowment for Democracy as authorized by the 
     National Endowment for Democracy Act, $30,000,000, to remain 
     available until expended.

      General Provisions--Department of State and Related Agencies

       Sec. 401. Funds appropriated under this title shall be 
     available, except as otherwise provided, for allowances and 
     differentials as authorized by subchapter 59 of 5 U.S.C.; for 
     services as authorized by 5 U.S.C. 3109; and hire of 
     passenger transportation pursuant to 31 U.S.C. 1343(b).
       Sec. 402. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     State in this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers: Provided, That not to 
     exceed 5 percent of any appropriation made available for the 
     current fiscal year for the United States Information Agency 
     in this Act may be transferred between such appropriations, 
     but no such appropriation, except as otherwise specifically 
     provided, shall be increased by more than 10 percent by any 
     such transfers: Provided further, That any transfer pursuant 
     to this section shall be treated as a reprogramming of funds 
     under section 605 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.
       Sec. 403. Funds appropriated or otherwise made available 
     under this Act or any other Act may be expended for 
     compensation of the United States Commissioner of the 
     International Boundary Commission, United States and Canada, 
     only for actual hours worked by such Commissioner.
       Sec. 404. (a) No later than 90 days after enactment of 
     legislation consolidating, reorganizing or downsizing the 
     functions of the Department of State, the United States 
     Information Agency, and the Arms Control and Disarmament 
     Agency, the Secretary of State, the Director of the United 
     States Information Agency and the Director of the Arms 
     Control and Disarmament Agency shall submit to the Committees 
     on Appropriations of the House and the Senate a proposal for 
     transferring or rescinding funds appropriated herein for 
     functions that are consolidated, reorganized or downsized 
     under such legislation: Provided, That such plan shall be 
     transmitted in accordance with section 605 of this Act.
       (b) The Secretary of State, the Director of the United 
     States Information Agency, and the Director of the Arms 
     Control and Disarmament Agency, as appropriate, may use any 
     available funds to cover the costs of actions to consolidate, 
     reorganize or downsize the functions under their authority 
     required by such legislation, and of any related personnel 
     action, including voluntary separation incentives if 
     authorized by such legislation: Provided, That the authority 
     to transfer funds between appropriations accounts that may be 
     necessary to carry out this section is provided in addition 
     to authorities included under section 402 of this Act: 
     Provided further, That use of funds to carry out this section 
     shall be treated as a reprogramming of funds under section 
     605 of this Act and shall not be available for obligation or 
     expenditure except in compliance with the procedures set 
     forth in that section.
       Sec. 405. (a) Funds appropriated by this Act for the United 
     States Information Agency, the Arms Control and Disarmament 
     Agency, and the Department of State may be obligated and 
     expended notwithstanding section 701 of the United States 
     Information and Educational Exchanges 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''.

[[Page H 13886]]


                       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 (P.L. 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 in 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.

[[Page H 13887]]



         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 one 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 

[[Page H 13888]]
     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--

[[Page H 13889]]

       (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 further, 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 Act 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, 

[[Page H 13890]]
     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 U.S. 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).

[[Page H 13891]]

       ``(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 

[[Page H 13892]]
     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. 

[[Page H 13893]]

       ``(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''.
       And the Senate agree to the same.
     Harold Rogers,
     Jim Kolbe,
     Charles H. Taylor,
     Ralph Regula,
     Mike Forbes,
     Bob Livingston,
     Alan B. Mollohan,
                                Managers on the Part of the House.

     Judd Gregg,
     Mark O. Hatfield,
     Ted Stevens,
     Pete V. Domenici,
     Mitch McConnell,
     James M. Jeffords,
     Thad Cochran,
     Ernest F. Hollings (with reservations),
     Robert C. Byrd,
     Daniel K. Inouye,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 2076) 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, 
     submit the following joint statement to the House and Senate 
     in explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report.
       Senate Amendment: The Senate deleted the entire House bill 
     after the enacting clause and insert the Senate bill. The 
     conference agreement includes a revised bill.


                           overseas staffing

       The conferees agree with the concern expressed in the House 
     report concerning the lack of a system for determining 
     overall allocation of resources and costs among agencies for 
     operations outside of the U.S. Expansion of staffing or 
     presence overseas is to be brought to the attention of the 
     House and Senate Appropriations Committees at the outset of 
     the planning process, well in advance of the proposed use of 
     any appropriated funds, preferably through the annual budget 
     submission. The conferees are intent upon finding the proper 
     way to assure control of the deployment of personnel and 
     resources outside of the U.S.

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration


                         salaries and expenses

       The conference agreement includes $74,282,000 for General 
     Administration as provided in both the House and Senate 
     bills. The conference agreement also includes a provision 
     that limits the number of positions and amounts expended for 
     the Department Leadership and Executive Support programs as 
     included by the Senate, but modifies the provision to permit 
     augmentation of the Department Leadership program by 
     reimbursable and non-reimbursable personnel and to allow for 
     continuation of reimbursable positions for the Office of 
     Freedom of Information and Privacy Appeals. The House bill 
     did not contain a provision on this matter.
       The conference agreement also assumes elimination of the 
     Office of the Associate Attorney General.


                         counterterrorism fund

       The conference agreement includes $16,898,000 for the 
     Counterterrorism Fund, instead of $26,898,000 as proposed by 
     both the House and Senate bills. The conferees understand 
     that balances of $24,445,000 remain available from the 1995 
     Supplemental Appropriation, Public Law 104-19, for authorized 
     purposes of this Fund.


                   administrative review and appeals

       The conference agreement includes $86,666,000 for 
     Administrative Review and Appeals as proposed by the Senate, 
     instead of $87,516,000 as proposed by the House. Of this 
     amount, the conference agreement provides that $47,780,000 
     will be provided from the Violent Crime Reduction Trust Fund 
     (VCRTF) for both expedited asylum and deportation hearings as 
     proposed by the House, instead of providing $14,347,000 from 
     the VCRTF only for expedited deportation hearings as proposed 
     by the Senate. The conferees agree that of the total amount 
     provided, $85,252,000 is included for the Executive Office 
     for Immigration Review and $1,414,000 is included for the 
     Office of the Pardon Attorney.
       The conference agreement also includes technical bill 
     language that allows outstanding balances for these programs 
     from prior years to be merged with this new appropriation 
     account.

                      Office of Inspector General

       The conference agreement includes $28,960,000 for the 
     Office of Inspector General, instead of $30,484,000 as 
     proposed by the House and $27,436,000 as proposed by the 
     Senate.

                    United States Parole Commission


                         salaries and expenses

       The conference agreement includes $5,446,000 for the U.S. 
     Parole Commission as proposed by both the House and Senate 
     bills.

                            Legal Activities


            salaries and expenses, general legal activities

                      (includes transfer of funds)

       The conference agreement includes a direct appropriation of 
     $409,520,000 for General Legal Activities, as proposed by 
     both the House and Senate bills. Of this amount, the 
     conference agreement provides that $7,591,000 will be derived 
     from the Violent Crime Reduction Trust Fund (VCRTF) as 
     proposed by the House, instead of $2,991,000 from the VCRTF 
     as proposed by the Senate, to support immigration 
     initiatives. In addition to this amount, the conferees agreed 
     to provide $12,000,000 by transferring balances available in 
     the Department of Justice Working Capital Fund. Thus, the 
     total amount provided for General Legal Activities is 
     $421,520,000.
       Both the House and Senate bills assumed a transfer of 
     General Legal Activities resources to the U.S. Attorneys 
     program. The 

[[Page H 13894]]
     conference agreement does not includes this transfer of resources. 
     However, the conferees agree that the Attorney General should 
     report to the Committees on Appropriations of both the House 
     and Senate by March 1, 1996, on the transfer of attorneys to 
     field locations of the Environment and Tax Divisions and 
     offices that are co-located with U.S. Attorneys.
       The conferees have also agreed that funding for the 
     Community Relations Service activities will not be provided 
     from funds available under the General Legal Activities 
     account, as proposed by the House.


               the national childhood vaccine injury act

       The conference agreement includes a reimbursement of 
     $4,028,000 for fiscal year 1996 from the Vaccine Injury 
     Compensation Trust Fund to the Department of Justice, as 
     proposed by both the House and Senate bills.


               salaries and expenses, antitrust division

       The conference agreement provides $85,143,000 for the 
     Antitrust Division as proposed by both the House and Senate 
     bills. Of the amount provided, the conference agreement 
     assumes, based on latest estimates, that $19,360,000 will be 
     derived from unobligated offsetting collections from the 
     prior year, instead of $16,000,000 as assumed in both the 
     House and Senate bills.


             salaries and expenses, united states attorneys

       The conference agreement includes $925,509,000 for the U.S. 
     Attorneys, instead of $911,556,000 as proposed by the House 
     and $939,463,000 as proposed by the Senate. Of this amount, 
     the conference agreement provides that $30,000,000 will be 
     derived from the Violent Crime Reduction Trust Fund (VCRTF) 
     as proposed by the Senate, instead of $14,731,000 from the 
     VCRTF as proposed by the House. The conferees agree that 
     amounts provided from the VCRTF shall be used to support 
     expedited deportation of denied asylum applicants, Federal 
     Victim's Counselors under the Violence Against Women Act, and 
     increased demands for criminal prosecution and related 
     activities.
       The conference agreement provides for the following: (1) 
     requested adjustments to base, including restoration of 
     absorption of the 1996 pay raise; (2) $10,000,000 for 
     security upgrades at U.S. Attorneys offices; (3) $2,158,000 
     for increased prosecution of violators of immigration laws; 
     (4) $9,231,000 from the VCRTF for expedited deportation of 
     denied asylum applicants; (5) $48,083,000 to maintain 
     attorney and support personnel hired in fiscal year 1995 and 
     for additional attorneys and support for violent crime 
     prosecution; and (6) $500,000 to implement a program to 
     appoint Federal Victim's Counselors. The conference agreement 
     does not assume a transfer of resources from the General 
     Legal Activities account to the U.S. Attorneys program, as 
     proposed by the House. In addition, the conferees agree that 
     to the extent possible within the resources provided, the 
     Department of Justice should expand the pilot debt collection 
     program, as stated in the Senate report.
       The conference agreement also includes bill language to 
     reflect the total number of positions and full-time 
     equivalent (FTE) employment expected to be supported by the 
     level of resources provided for the U.S. Attorneys in fiscal 
     year 1996. Within the FTE provided, the conferees assume 300 
     FTE will support student interns. The conferees agree that 
     this language is necessary as a result of the U.S. Attorneys 
     mismanagement which led to the hiring of more employees in 
     1995 than could be sustained by the resource level provided 
     in fiscal year 1995. The conferees' strong support for the 
     mission of the U.S. Attorneys does not extend to careless 
     hiring and fiscal management practices.

                   United States Trustee System Fund

       The conference agreement provides $102,390,000 in budget 
     (obligational) authority for the U.S. Trustees, instead of 
     $101,596,000 as proposed by the House and $103,183,000 as 
     proposed by the Senate. Of this amount, the conference 
     agreement provides that $44,191,000 will be derived from 
     anticipated offsetting collections. In addition, under 
     section 111, the conferees agree to include an extension of 
     post-confirmation quarterly fee payments made under Chapter 
     11 as proposed in both the House and Senate bills and expect 
     that these fees will apply to all pending Chapter 11 cases 
     with confirmed reorganization plans.


      salaries and expenses, foreign claims settlement commission

       The conference agreement provides $830,000 for the Foreign 
     Claims Settlement Commission as proposed by the House, 
     instead of $905,000 as proposed by the Senate.


         salaries and expenses, united states marshals service

       The conference agreement includes $448,248,000 for the U.S. 
     Marshals Service, instead of $443,973,000 as proposed by the 
     House and $454,639,000 as proposed by the Senate. Of this 
     amount, the conference agreement provides that $25,000,000 
     will be derived from the Violent Crime Reduction Trust Fund 
     (VCRTF) as proposed by the House, instead of $15,000,000 from 
     the VCRTF as proposed by the Senate.
       The conference agreement provides for the following: (1) 
     requested adjustments to base; (2) $10,000,000 for security 
     upgrades at existing courthouses; (3) $18,209,000 for 
     additional security personnel to staff new and expanded 
     courthouses scheduled to open in 1996; and (4) $11,066,000 
     for equipment and communications expenses in new courthouse 
     locations. The conferees understand that the Marshals Service 
     funded a number of requirements by reprogramming resources at 
     the end of fiscal year 1995 and thus have not provided 
     funding increases for requested items. The conferees agree 
     that any additional funding for these items, if necessary, 
     should be requested through a reprogramming of resources in 
     fiscal year 1996.


                       federal prisoner detention

                     (Including Transfer of Funds)

       The conference agreement provides $252,820,000 for Federal 
     Prisoner Detention, instead of $295,331,000 as proposed by 
     the Senate and $250,331,000 as proposed by the House. In 
     addition to this amount, the conferees understand, that based 
     on the latest carryover estimates, an additional $33,511,000 
     is available for this program from unobligated balances from 
     the prior year. The conferees have also agreed to provide an 
     additional $9,000,000 by transferring balances available in 
     the Department of Justice Working Capital Fund. Thus, total 
     funding provided for this account is $295,331,000.
       The conferees have also agreed to change the name of this 
     appropriation from ``Support of U.S. Prisoners'' to ``Federal 
     Prisoner Detention''.


                     fees and expenses of witnesses

       The conference agreement includes $85,000,000 for Fees and 
     Expenses of Witnesses as proposed by both the House and 
     Senate bills.


                      community relations service

       The conference agreement provides $5,319,000 for the 
     Community Relations Service (CRS) instead of $10,638,000 as 
     proposed by the Senate and elimination of this program as a 
     separate account as proposed by the House. The conferees 
     agree that if emergent circumstances require additional 
     funding for Conflict Prevention and Resolution activities of 
     the CRS, the Attorney General may provide resources for these 
     activities within transfer authorities provided under Section 
     605 of this Act.
       The conferees have also agreed that the activities related 
     to the resettlement of Cubans and Haitians should be 
     transferred to the Immigration and Naturalization Service and 
     that the costs of these activities should be supported by the 
     Immigration Examinations Fee account.

                         Assets Forfeiture Fund

       The conference agreement provides $30,000,000 for the 
     Assets Forfeiture Fund instead of $35,000,000 as provided in 
     both the House and Senate bills. This reduction is based on a 
     revised estimate of revenue from forfeited assets that will 
     be available in fiscal year 1996.

                    Radiation Exposure Compensation


                        administrative expenses

       The conference agreement includes $2,655,000 for 
     administrative expenses in accordance with the Radiation 
     Exposure Compensation Act, as proposed by both the House and 
     Senate bills.


         payment to radiation exposure compensation trust fund

       The conference agreement includes an advance appropriation 
     of $16,264,000 for fiscal year 1997 for payments to the 
     Radiation Exposure Compensation Trust Fund, as proposed by 
     both the House and Senate bills.

                      Interagency Law Enforcement


                 interagency crime and drug enforcement

       The conference agreement includes $359,843,000 for 
     Interagency Crime and Drug Enforcement as proposed by the 
     Senate, instead of $374,943,000 as proposed by the House.
       The conferees recognize that over $76,000,000 of funds 
     requested for this account are for agencies other than 
     Department of Justice (DOJ) agencies and while the conferees 
     have agreed to the level proposed by the Senate they have not 
     allocated the reduction solely to non-DOJ agencies, as 
     proposed by the Senate. Instead, the conferees expect the 
     Office of Investigative Agencies Policy at the Department of 
     Justice to allocate these resources based on current task 
     force requirements and to notify the Committees on 
     Appropriations of both the House and Senate of the proposed 
     distribution of these resources pursuant to the reprogramming 
     requirements in Section 605 of this Act. In addition, the 
     conferees direct the Administration to submit the budget 
     requirements of non-DOJ agencies for fiscal year 1997 within 
     the budgets proposed for those agencies.

                    Federal Bureau of Investigation


                         salaries and expenses

                     (including transfer of funds)

       The conference agreement includes $2,407,483,000 for the 
     Federal Bureau of Investigation (FBI), instead of 
     $2,332,081,000 as proposed by the House and $2,506,671,000 as 
     proposed by the Senate. Of this amount, the conference 
     agreement provides that $218,300,000 will be derived from the 
     Violent Crime Reduction Trust Fund (VCRTF), instead of 
     $80,600,000 as proposed by the House and $202,500,000 as 
     proposed by the Senate. In addition, the conferees agree that 
     of the amounts provided, not less than $102,345,000 shall be 
     used for counterterrorism investigations, foreign 
     counterintelligence, and other activities related to national 
     security, instead of $121,345,000 as proposed by the Senate.
       The conference agreement provides for the following program 
     increase: (1) $1,400,000 for personnel to staff the FBI 
     Command Center; 

[[Page H 13895]]
     (2) $3,450,000 for FBI Legal Attaches; (3) $25,000,000 for tactical 
     operations development and acquisition program; (4) 
     $8,470,000 for 125 additional FBI staff; (5) $12,500,000 for 
     FBI forensic services, including $9,900,000 to modernize FBI 
     forensic laboratory equipment and $2,600,000 for 75 forensic 
     examiners, technicians and support personnel; (6) $2,900,000 
     for equipment for Emergency Response Teams; (7) $5,000,000 to 
     upgrade and develop FBI databases on gangs and hostage/
     barricade situations; (8) $4,000,000 for State, Indian Tribal 
     and local training; (9) $33,400,000 only for research efforts 
     and engineering services to develop new techniques and 
     equipment to perform court-approved wiretaps and 
     interceptions of communications and shall not be used for 
     deployment of any technology that may be developed without 
     authorizing legislation; (10) $3,000,000 for aviation 
     maintenance and equipment; (11) $10,000,000 for wireless 
     radio communications and leasing of antenna sites; (12) 
     $5,000,000 for Safe Street Task Forces; (13) $4,200,000 for 
     FBI's DRUGFIRE program, including equipping of State and 
     local laboratories; and (14) $15,000,000 for FBI's Combined 
     DNA Index System, including $9,500,000 to equip State and 
     local laboratories with this technology.
       The conference agreement does not include $28,737,000 
     requested to fully annualize positions approved in fiscal 
     year 1995 because the FBI failed to hire personnel to fill 
     these additional positions.
       FBI international operations.--The conference agreement 
     provides an increase of $3,450,000 for FBI Legal Attache 
     offices. However, the conferees are concerned that the FBI 
     has not adequately presented its short and long term plan for 
     expansion of its international operations and activities. 
     Therefore, the conferees agree that the additional funds 
     provided in this Act may not be expended until a plan for FBI 
     international operations has been developed jointly by the 
     Department of Justice and the Department of State, and has 
     been presented to and approve by the Committees on 
     Appropriations of both the House and Senate consistent with 
     the reprogramming requirements in Section 605 of this Act.
       NCIC 2000.--The conferees agree that one of the highest 
     priority projects of Federal, State and local law enforcement 
     is the completion of NCIC 2000. The conferees are aware of 
     delays in the scheduled completion and additional resource 
     requirements that are necessary to bring this vital system on 
     line. The conference agreement therefore ensures that funds 
     will be available for completion of this project by directing 
     balances available in the FBI ADP and Telecommunications 
     account and the Department of Justice Working Capital Fund to 
     be applied to this project. Furthermore, the conferees are 
     aware that the FBI has an additional $34,548,000 in 
     unobligated balances to be transferred into the Department of 
     Justice Working Capital Fund and directs the FBI to transfer 
     this entire amount immediately to the Working Capital Fund to 
     support the NCIC 2000 project and other needs of the 
     Department of Justice.
       The conferees direct the Attorney General and the FBI to 
     make oversight of the management of this project and the 
     contractor a top management priority. Upon receiving 
     information that the contract was severely behind schedule 
     and that the cost for completion of the NCIC 2000 project had 
     escalated to almost double the initial cost estimates, the 
     Committees on Appropriations of both the House and Senate 
     urged the FBI to consider a ``firm-fixed'' contract in its 
     renegotiation process. The conferees are concerned that the 
     FBI has entered into another ``cost-plus'' contract for this 
     project. Congress has made completion of this project on time 
     and within the resources provided a priority. The Department 
     of Justice and the FBI should do the same. The conferees 
     direct the FBI to provide a quarterly status report on this 
     project and the performance of the contractor.
       Similarly, the conferees are concerned about schedule 
     delays within the Integrated Automated Fingerprint 
     Identification System (IAFIS) project. The conferees are 
     particularly concerned that while the FBI will have entered 
     into contracts on each of the four IAFIS segments by the end 
     of this calendar year, it does not appear that the issues 
     related to integration of these components systems have been 
     adequately addressed. Again, the conferees direct the 
     Attorney General and the FBI to make management of this 
     important project a top priority and expect to receive 
     quarterly status reports on the IAFIS project.


                              construction

       The conference agreement includes $97,589,000 for 
     Construction for the Federal Bureau of Investigation (FBI), 
     instead of $98,400,000 as proposed by the House and 
     $98,800,000 as proposed by the Senate.
       The conference agreement provides for the following: (1) 
     $10,000,000 for renovations, equipment and telecommunications 
     upgrades to the FBI Headquarters Command Center; (2) 
     $57,089,000 for architectural design, site planning and the 
     first phase of construction for a new FBI Forensic Laboratory 
     Facility to be located at Ft. Belvoir, Virginia; and (3) 
     $30,500,000 for upgrades to the FBI Training Academy at 
     Quantico, Virginia, including $21,350,000 to fully complete 
     the modernization of the outdoor firing range and the 
     tactical firearms training center and $9,150,000 for 
     necessary maintenance.

                    Drug Enforcement Administration


                         salaries and expenses

       The conference agreement includes $805,668,000 for the 
     salaries and expenses of the Drug Enforcement Administration 
     (DEA) instead of $793,488,000 as proposed by the House, and 
     $850,000,000 as proposed by the Senate. Of this amount, the 
     conference agreement provides that $60,000,000 will be 
     derived from the Violent Crime Reduction Trust Fund (VCRTF) 
     as proposed by the Senate, instead of $12,000,000 as proposed 
     by the House. The conferees also agree that in addition to 
     amounts appropriated, $47,241,000 will be available from the 
     Diversion Control Fund for diversion control activities.
       The conference agreement includes the following program 
     increases: (1) $580,000 for DEA's legal attache program; (2) 
     $5,000,000 for contract linguist support; (3) $1,650,000 for 
     advanced telephony; (4) $7,400,000 for office automation; (5) 
     $3,965,000 for 30 new agents for domestic heroin enforcement; 
     (6) $4,950,000 for mobile enforcement teams, including teams 
     to address illicit drug activities in rural areas; (7) 
     $2,000,000 for wireless radio communications; and (8) 
     $2,000,000 for DRUGFIRE systems.
       The conference agreement does not include $15,400,000 
     requested to fully annualize positions approved in fiscal 
     year 1995 because the DEA has failed to hire personnel to 
     fill these additional positions.
       The conferees understand that the funding provided for an 
     additional DEA Legal Attache office is a portion of funds 
     necessary to establish a joint FBI/DEA Legal Attache office 
     in Beijing, China. Consistent with funding provided for FBI 
     Legal Attache Offices, the conferees agree that these funds 
     should not be expended by DEA until the Committees on 
     Appropriations have approved the plan for FBI international 
     operations.

                 Immigration and Naturalization Service


                         salaries and expenses

       The conference agreement includes $1,711,023,000 for the 
     salaries and expenses of the Immigration and Naturalization 
     Service (INS), including the Border Patrol, instead of 
     $1,725,023,000 as proposed by the House, and a total of 
     $1,735,796,000 as proposed by the Senate ($1,119,296,000 for 
     INS and $616,500,000 for the Border Patrol). Of the amounts 
     provided, the conference agreement provides $316,198,000 from 
     the Violent Crime Reduction Trust Fund (VCRTF), instead of 
     $303,542,000 as proposed by the House and $175,662,000 as 
     proposed by the Senate. The conferees also agree that in 
     addition to amounts appropriated, $821,447,000 will be 
     available from offsetting fee collections for the purposes 
     outlined in the House and Senate reports. The conferees agree 
     not to include funding for border control activities by 
     doubling the current fee for 245(i) applications. 
     Furthermore, the conferees agree not to implement a border 
     crossing toll as proposed by the Administration.
       The conference agreement provides for requested adjustments 
     to base, including the full cost of the pay raise and the 
     following program increases to support enhanced border 
     control, detention and removal of criminal and other 
     deportable aliens, and worksite enforcement and verification:
       Border control.--The conference agreement includes 1,420 
     positions, 614 FTE and $152,172,000 for enhanced border 
     control activities, of which $30,872,000 is from the Violent 
     Crime Reduction Trust Fund, including (1) $83,500,000 for 800 
     new border patrol agents and 160 support personnel and the 
     reallocation of 200 border patrol agent positions from 
     interior stations to the front lines of the border; (2) 
     $7,100,000 for border technology and an additional 
     helicopter; (3) $20,000,000 for 400 new land border 
     inspectors for the Southern border; (4) $6,000,000 for anti-
     smuggling units; (5) $4,700,000 for a pilot interior 
     repatriation effort; and (6) $30,872,000 for automated border 
     lookout systems, including a pilot exit control system.
       Detention and removal of deportable aliens.--The conference 
     agreement includes an increase of 1,400 positions, 702 FTE 
     and $128,716,000, of which $33,116,000 is from the VCRTF, to 
     apprehend, locate, detain and deport illegal aliens, 
     including: (1) $46,116,000 to fully support the Institutional 
     Hearing Program; (2) $42,700,000 for 418 detention personnel 
     and for over 2,800 additional detention beds; (3) $26,315,000 
     for 279 deportation personnel to remove abscondees, criminal 
     aliens and illegal aliens who have been denied asylum or 
     apprehended from worksites; (4) $5,200,000 to add warrants 
     for arrest into NCIC 2000 for aliens who are repeat offenders 
     to reentry after deportation; and (5) $8,385,000 for the 
     purchase of new vehicles and transportation costs.
       Worksite enforcement and verification.--The conference 
     agreement includes an increase of 384 positions, 192 FRE and 
     $50,444,000, including $40,444,000 for investigations 
     personnel to enhance employer sanctions activities and 
     backfill 200 border patrol agents positions that will be 
     reallocated to border patrol stations along with immediate 
     border, and $10,000,000 to improve the accuracy of INS 
     records and develop pilots for verification systems, 
     including the expansion of the current INS telephone 
     verification systems.
       Border control systems modernization.--Within total amounts 
     provided in the Violent Crime Reduction Trust Fund, 
     $153,570,000 is recommended to continue the border systems 
     modernization effort started last year. The conferees agree 
     that within this effort, the INS should conduct a pilot 
     program to collect records of departing passengers and should 
     also extend fingerprint-based identification systems and 
     automated case tracking systems to the entire Southwest 
     border, as stated in the House and Senate reports.
       Resource deployment.--The conferees expect that INS will 
     deploy border patrol agent and 

[[Page H 13896]]
     inspector positions to the Southwest border to support the greatest 
     areas of illegal traffic. The conferees direct INS to assign 
     these new positions as ``front-line'' employees on the 
     immediate border and to staff inspection lanes for the 
     facilitation of traffic across the border. In addition, as 
     mentioned in the House and Senate reports, the conferees 
     expect INS to ensure that staffing levels at the Miami and 
     Hawaii airports are consistent with past years INS staffing 
     models plus projected passenger increases for fiscal year 
     1996 and that INS participates in the Unified Port Management 
     Pilot Project. The conferees also expect INS to review the 
     requirements of States and localities in the central region 
     of the country in its allocation of additional personnel for 
     interior enforcement initiatives. The conferees direct INS to 
     consult with the Appropriations Committees of both the House 
     and Senate before a final allocation of all of these 
     positions is determined.
       INS Offices of Congressional and Public Affairs.--The 
     conferees have agreed to include language that clarifies the 
     activities to be performed by the INS Offices of 
     Congressional and Public Affairs, as proposed by the Senate.


                             border patrol

       The conference agreement for the Immigration and 
     Naturalization Service includes $584,800,000 for the Border 
     Patrol, including $78,000,000 to be provided from the Violent 
     Crime Reduction Trust Fund (VCRTF). For the past two years, 
     the conferees agree that the Congress has made resources to 
     hire additional Border Patrol agents a top priority. The 
     conferees are concerned that despite clear guidance from 
     Congress, those resources have in some instances been 
     diverted to other activities within INS. At a time when 
     budgetary resources are scarce and Congress has made 
     difficult choices in order to ensure that funding is provided 
     to maintain the integrity of our Nation's borders, 
     mismanagement of resources by INS cannot be tolerated. To 
     ensure that the funding provided by Congress is used for its 
     intended purpose, the conferees have agreed to add bill 
     language which directs INS to provide the level of funding 
     for the Border Patrol assumed by the conferees in their 
     determination of total funding levels for the INS.
       The resource level provided by the conference agreement 
     provides for an additional 1,000 border patrol agents on the 
     front lines of the border by hiring 800 new border patrol 
     agents and reallocating 200 border patrol positions from 
     interior border patrol stations to stations that are on the 
     immediate border. The conferees understand that INS must 
     undertake a significant recruitment and training process in 
     order to hire and train the new agents in addition to over 
     2,000 other INS employees. Therefore, the conferees expect 
     INS to report to the Committees on Appropriations of the 
     House and Senate on a quarterly basis, its progress and plans 
     in meeting the hiring goals for new border patrol agents. In 
     addition, the conferees urge the Department to seek, on 
     behalf of INS, the allowable waivers from the Office of 
     Personnel Management that would allow INS to reemploy retired 
     (with no loss of retirement pay) Border Patrol agents and 
     investigators, if feasible, in order to meet training and 
     hiring requirements.
       The resource level provided by the conference agreement 
     includes $12,000,000 for the reallocation of 200 border 
     patrol agent positions from interior stations to the front 
     lines of the border. The conferees agree that effective 
     border control is the most important means of controlling 
     illegal immigration and that the INS must utilize its border 
     patrol resources in a way that ensures that apprehension of 
     illegal aliens at the border is its first priority. The 
     conferees also agree that INS can no longer use border patrol 
     resources on functions not directly related to border 
     control. However, the conferees recognize the importance of 
     an INS enforcement presence in parts of the country that have 
     significant populations of illegal immigrants. Rather than 
     close any of these offices, the conferees direct INS to 
     restaff these offices with criminal investigative positions 
     in order to ensure that the interior enforcement activities 
     currently performed in these locations can continue. The 
     conferees also recognize that some of the border patrol 
     agents in these offices may opt to convert to the 
     investigator positions and encourage INS management to 
     consider personnel and relocation issues in implementing this 
     action.
       California checkpoints.--The conferees have agreed to 
     eliminate the provision in the House bill that would have 
     closed the border patrol traffic checkpoints in San Clemente 
     and Temecula, California. However, the conferees agree that 
     the current operation of these checkpoints is unacceptable. 
     The conferees agree that the effectiveness of these 
     checkpoints is contingent on full operation of these 
     checkpoints on a continuous 24-hour basis and improvements to 
     the current San Clemente checkpoint to reduce delays and 
     increase the safety of agents, the persons being checked, and 
     nearby communities. Therefore, the conferees have included 
     language that prohibits operation of the checkpoints if the 
     checkpoints are not operated on a continuous 24-hour basis 
     and a commuter lane pilot program to expedite commuter 
     traffic is not established. In addition, the conferees direct 
     INS to immediately make the needed improvements, with 
     $7,500,000 currently available in construction resources, to 
     the San Clemente checkpoint and expect the procurements 
     required to complete these improvements to be made on an 
     expedited basis. The conferees further stipulate that if INS 
     fails to complete these improvements by July 1, 1996, the 
     checkpoint will close immediately until the improvements are 
     completed. However, funds will be available, subject to the 
     reprogramming requirements in section 605 of this Act, to 
     reopen the checkpoint if the Attorney General certifies that 
     exigent circumstances exist. The conferees also expect that 
     INS continue its policy that eliminates high speed pursuits 
     at these checkpoints and direct INS to seek approval by the 
     Committees on Appropriations of both the House and Senate 
     prior to any change in this policy. Furthermore, the 
     conferees direct INS to assign staff to these checkpoints at 
     the full authorized strength and provide additional permanent 
     interior enforcement personnel to Oceanside, Vista, and 
     Carlsbad, California in order to address the problem of alien 
     smuggling operations and related criminal activity in the 
     communities surrounding these checkpoints.


                              construction

       The conference agreement includes $25,000,000 for 
     Construction for INS, instead of $11,000,000 as proposed by 
     the House and $35,000,000 as proposed by the Senate.
       The conference agreement provides for the following: (1) 
     $7,000,000 for border infrastructure improvements; (2) 
     $4,300,000 for a triple fencing pilot project along the San 
     Diego border; (3) $2,700,000 to renovate Charleston Naval 
     Base for a satellite training facility for the Border Patrol; 
     and (4) $11,000,000 for construction costs for the planned 
     joint INS/U.S. Marshals detention facility to be located in 
     Batavia, New York.
       Border Patrol training facility.--The Committees on 
     Appropriations of the House and Senate approved a 
     reprogramming for $2,300,000 submitted by the Department of 
     Justice on August 11, 1995, to upgrade and modify facilities 
     at the Charleston Naval Base to meet additional training 
     requirements of the Border Patrol which exceed the capacity 
     of the Federal Law Enforcement Training Center at Glynco, 
     Georgia. The selection of Charleston Naval Base as the new 
     Border Patrol training center was announced by the Department 
     of Justice on July 28, 1995, following a competitive 
     evaluation of several active and former Department of Defense 
     facilities.
       Justice Department officials recently informed the House 
     and Senate Appropriations Committee of their desire to 
     establish two INS training facilities, instead of the single 
     Border Patrol facility at Charleston. Their latest proposal 
     would establish a new training facility for INS personnel, 
     other than the border patrol, at Charleston, and a new, 
     separate Border Patrol training facility be constructed at 
     another location.
       The conferees have reviewed the most recent Department of 
     Justice proposal and agree that only one additional training 
     facility is necessary to meet INS training requirements for 
     the Border Patrol and that INS should prioritize its 
     remaining training requirements and accommodate this training 
     at the FLETC and through exported training in INS field 
     locations. The conferees have reviewed cost estimates 
     submitted by the Naval Facilities Command and are confident 
     of the accuracy of the Navy's cost estimates and schedule. 
     The conferees question whether a training facility at another 
     location can be constructed more expeditiously and for less 
     cost and believe that the Department has already delayed the 
     process needlessly. Accordingly, the conferees have agreed 
     that construction and modifications at the Charleston Naval 
     Base for the new Border Patrol Training Facility, the site 
     already approved by both the House and Senate Appropriations 
     Committees, should proceed without further delay.


                       immigration emergency fund

       The conferees have included language in section 605 of this 
     Act, which applies reprogramming requirements to the 
     unobligated balances from prior years of all agencies covered 
     in this Act, including all unobligated balances available in 
     the Immigration Emergency Fund.

                         Federal Prison System


                         salaries and expenses

       The conference agreement includes $2,581,078,000 for the 
     salaries and expenses of the Federal Prison System, instead 
     of $2,588,078,000 as proposed by both the House and Senate. 
     Of this amount, the conference agreement provides that 
     $13,500,000 will be derived from the Violent Crime Reduction 
     Trust Fund (VCRTF), as proposed by both the House and Senate. 
     The conferees also agree that in addition to amounts 
     appropriated, $47,000,000 will be available from unobligated 
     balances from the prior year, instead of $40,000,000 as 
     assumed in both the House and Senate bills. The amount 
     provided is the full amount requested to activate all 
     facilities that are scheduled to open in 1996 and is to be 
     used for the purposes set forth in the House and Senate 
     reports, including activations and expansions of prisons at 
     the following locations: Beaumont, Texas; Taft, California; 
     Forrest City, Arkansas; Tallahassee, Florida; Milan, 
     Michigan; Lompac, California; Fort Worth, Texas; and 
     Lexington, Kentucky. In addition the conferees agree that 
     funding should also be provided so that facilities located in 
     Yazoo City, Mississippi, and Brooklyn, New York are prepared 
     for activation and to ensure that security is not 
     compromised.
       The conferees also agreed to include bill language 
     prohibiting the privatization of 

[[Page H 13897]]
     Federal prison facilities located in Forrest City, Arkansas and Yazoo 
     City, Mississippi, which were included as part of the 
     Administration's proposal to privatize most future pretrial, 
     minimum, and low security prisons.
       National Institute of Corrections.--The conferees recognize 
     the value of and support the continuation of activities and 
     programs of the National Institute of Corrections (NIC). 
     Beginning in fiscal year 1996, funding for NIC shall be 
     included in the Bureau of Prisons Salaries and Expenses 
     budget, Contract Confinement program. The conferees have 
     included $8,000,000 for this purpose. The NIC shall continue 
     to carry out all functions currently performed by the NIC as 
     outlined in sections 4351-5353 of title 18 United States 
     Code, with the exception of its grant program. Because these 
     activities are primarily performed on behalf of State and 
     local entities, the conferees expect the Bureau of Prisons, 
     when practical and to the maximum extent possible, to pursue 
     reimbursement from State and local entities for these 
     services and to present a plan to the Committees on 
     Appropriations of both the House and Senate by June 30, 1996, 
     that outlines a reimbursement structure that will fully 
     support these activities.
       Health care privatization demonstration project.--The 
     conferees understand that health care costs are one of the 
     fastest growing components of the Bureau of Prisons budget. 
     The conferees agree that the Bureau of Prisons should develop 
     and provide a plan to the Committees on Appropriations of 
     both the House and Senate by March 1, 1996, to utilize 
     private and other contracts to provide medical care for 
     inmates, including the use of telemedicine and electronic 
     media. The conferees agree that the Bureau of Prisons should 
     conduct a demonstration project at a minimum of one Federal 
     correctional complex beginning in fiscal year 1996 and for 
     the duration of not less than three years as outlined in the 
     Senate report.


                        Buildings and Facilities

       The conference agreement includes $334,728,000 for 
     construction, modernization, maintenance and repair of prison 
     and detention facilities housing Federal prisoners, instead 
     of $323,728,000 as proposed by the House and $349,410,000 as 
     proposed by the Senate. The conference agreement provides for 
     the following program enhancements:

Beaumont, TX, Medium Security Facility......................$64,500,000
Western Region, Architectural/Engineering design.............11,000,000
Mid-Atlantic Region, Site/Planning and design................12,350,000
Lee County, VA, Medium Security Facility and Camp............96,550,000
Hawaii, Detention Space Site/Planning........................14,253,000
Marshals Service Holding Facilities..........................20,051,000
Health and Safety Renovations.................................4,526,000

       The conferees have agreed to provide funding for one 
     facility in the Western Region, as proposed by the 
     Administration. The conferees direct the Bureau of Prisons to 
     select one of the two sites considered in their long range 
     plan and to notify the Committees on Appropriations of both 
     the House and Senate of this decision, with appropriate 
     justification, by January 15, 1996.

                Federal Prison Industries, Incorporated


                (limitation on administrative expenses)

       The conference agreement includes a limitation on 
     administrative expenses of $3,559,000 for the Federal Prison 
     Industries, as proposed by both the House and Senate bills.

                       Office of Justice Programs


                           justice assistance

       The conference agreement includes $302,377,000 for Justice 
     Assistance, instead of $250,377,000 as proposed by the House 
     and $345,245,000 as proposed by the Senate. Of this amount, 
     the conference agreement provides that $202,400,000 shall be 
     derived from the Violent Crime Reduction Trust Fund (VCRTF), 
     instead of $152,400,000 as proposed by the House and 
     $242,900,000 as proposed by the Senate.
       The conference agreement provides for the following 
     programs from direct appropriations and the VCRTF:

Direct Appropriation:
  National Institute of Justice............................$30,000,000 
    Defense/Law Enforcement Technology Network..............(7,800,000)
  Bureau of Justice Statistics..............................21,379,000 
  Missing Children...........................................5,971,000 
  Regional Information Sharing System.......................14,500,000 
  White Collar Crime Information Center......................3,850,000 
  Management and Administration.............................24,277,000 
                                                       ________________

    Total, Direct Appropriation.............................99,977,000 
                                                       ================

Violent Crime Reduction Trust Fund:
  Violence Against Women Act Programs:.................................
  General Grants...........................................130,000,000 
  Court-Appointed Special Advocate Program...................6,000,000 
  Child Abuse Training Programs for Judicial Personnel.........750,000 
  Grants for Televised Testimony................................50,000 
  Grants to Encourage Arrest Policies.......................28,000,000 
  Rural Domestic Violence....................................7,000,000 
  National Stalker and Domestic Violence Reduction...........1,500,000 
  Federal Victims Counselors (included under U.S. Attorneys)..(500,000)
  Training Programs..........................................1,000,000 
  Study of State detadases.....................................200,000 
                                                       ________________

    Total, Violence Against Women Act......................174,500,000 
                                                       ================

  Substance Abuse Treatment for State Prisoners.............27,000,000 
  Safe Return Program..........................................900,000 
                                                       ________________

    Total, Violent Crime Reduction Trust Fund..............202,400,000 

       Defense/law enforcement technology transfer.--The conferees 
     support the efforts of the Departments of Justice and Defense 
     to identify defense and other advanced technologies for law 
     enforcement purposes. The conference agreement provides 
     $7,800,000 to assist the National Institute of Justice in its 
     efforts to adopt technologies for law enforcement purposes. 
     Within this amount, $5,000,000 is provided for continuation 
     of the law enforcement technology network, as proposed by the 
     Senate, and $2,800,000 is to expand the technology 
     commercialization initiative, as proposed by the House.
       Missing children.--The conference agreement provides 
     $5,971,000 for the Missing Children Program as proposed by 
     both the House and Senate. The conferees agree that within 
     this amount, consideration be given to the establishment of 
     an exploited child unit within the National Center of Missing 
     and Exploited Children to assist in the nationwide 
     investigation of child sex offenses.
       National White Collar Crime Center.--The conference 
     agreement includes $3,850,000 for the National White Collar 
     Crime Center as proposed by the House, instead of $2,100,000 
     as proposed by the Senate. Of the amount provided, $2,100,000 
     is for the ongoing operations of the NWCCC and $1,750,000 is 
     for the establishment of a State and local law enforcement 
     support capability for computer crimes.
       Management and administration.--The conference agreement 
     provides $24,277,000 for Management and Administration 
     expenses of the Office of Justice Programs. In addition, the 
     budget assumes that up to one percent of the total 
     appropriation for each program funded under the Violent Crime 
     Reduction Trust Fund may be used for management and 
     administration expenses of those programs. The conferees 
     agree with that assumption. Further, if one percent is 
     insufficient to support the administration of these programs, 
     the Attorney General may request an increase in that 
     percentage in accordance with the reprogramming requirements 
     in section 605 of this Act.
       Violence Against Women Act Programs.--The conference 
     agreement provides $175,000,000 for Violence Against Women 
     Act programs as proposed by the Senate, instead of 
     $125,000,000 as proposed by the House. Of the total provided, 
     $500,000 is included under the U.S. Attorneys appropriation 
     for Federal Victim's Counselors. The conference agreement 
     also includes language as proposed by the Senate, to clarify 
     that funds provided for Grants to Combat Violence Against 
     Women and to Encourage Arrest Policies are provided to 
     States, units of local governments and Indian Tribal 
     governments.


               state and local law enforcement assistance

       The conference agreement includes $3,393,200,000 for State 
     and Local Law Enforcement Assistance, instead of 
     $3,333,343,000 as proposed by the House and $3,487,100,000 as 
     proposed by the Senate. Of this amount, the conference 
     agreement provides that $3,005,200,000 shall be derived from 
     the Violent Crime Reduction Trust Fund (VCRTF), instead of 
     $3,283,343,000 as proposed by the House and $3,147,100,000 as 
     proposed by the Senate.
       The conference agreement provides for the following 
     programs from direct appropriations and the VCRTF:

Direct Appropriation
  Byrne Discretionary Grants...............................$60,000,000 
  Byrne Formula Grants.....................................328,000,000 
                                                       ________________

    Total Direct Appropriations............................388,000,000 
                                                       ================

Violent Crime Reduction Trust Fund:
  Byrne Formula Grants.....................................147,000,000 
  Local Law Enforcement Block Grant......................1,903,000,000 
  Upgrade Criminal History Records (Brady Bill).............25,000,000 
  State Prison Grants......................................617,500,000 
    Alien Incarceration...................................(200,000,000)
    Cooperative Agreement Program..........................(12,500,000)
  State Criminal Alien Incarceration Program...............300,000,000 
  DNA Identification Grants..................................1,000,000 
  Information Technology Grants..............................9,000,000 
  Law Enforcement Family Support Programs....................1,000,000 

[[Page H 13898]]

  Tuberculosis in Prisons......................................200,000 
  Gang Information System....................................1,000,000 
  Motor Vehicle Theft Prevention...............................500,000 
                                                       ________________

    Total, Violent Crime Reduction Trust Fund............3,005,200,000 

    
       Edward Byrne grants to States.--The conference agreement 
     provides $535,000,000 for the Edward Byrne Memorial State and 
     Local Law Enforcement Assistance Program, of which 
     $60,000,000 is for discretionary grants and $475,000,000 is 
     provided under the Violent Crime Reduction Trust Fund for 
     formula grants under this program.
       Byrne discretionary grants.--The conference agreement 
     provides $60,000,000 for discretionary grants under Chapter A 
     of the Edward Byrne Memorial State and Local Assistance 
     Program, instead of $50,000,000 as proposed by the House and 
     $80,000,000 as proposed by the Senate. Within the amount 
     provided, the conferees expect the Bureau of Justice 
     Assistance (BJA) to provide:
       $28,500,000 for the Weed and Seed program;
       $4,000,000 for State and local law enforcement activities 
     related to the 1996 Olympic Games;
       $3,000,000 for the National Crime Prevention Council to 
     continue and expand the National Citizens Crime Prevention 
     Campaign (McGruff);
       $1,750,000 to continue and expand the Drug Abuse Resistance 
     Education (DARE) program;
       $2,000,000 for continued funding for the Washington 
     Metropolitan Area Drug Enforcement Task Force;
       $1,000,000 for continued funding for the National Judicial 
     College;
       $4,350,000 for a grant to the Boys and Girls Clubs of 
     America; and
       $1,000,000 to SEARCH Group, Inc. to continue and expand the 
     National Technical Assistance Program, which provides support 
     to State and local criminal justice agencies to improve their 
     use of computers and information technology.
       Within the available resources the conferees also urge BJA 
     to favorably consider funding for the Centers of Excellence 
     on Violence Prevention; the National Night Out Program; and 
     the Center of Advanced Support in Technology for Law 
     Enforcement (CASTLE), as stated in the Senate report.
       State identification grants.--The conference agreement does 
     not include $60,000,000 or authorize a new State Technology 
     Grant program as proposed by the Senate under section 119. 
     The conferees understand the intent of the program is to 
     grant funds to State and local governments to upgrade their 
     criminal justice identification systems for linkage to 
     national databases such as the Integrated Automated 
     Fingerprint Identification System (IAFIS), NCIC 2000, 
     ballistics testing systems, and DNA Identification Systems. 
     However, the conferees also understand that the two primary 
     systems, IAFIS and NCIC 2000, are not scheduled to be on-line 
     until 1988. Thus, providing funding for State linkages to 
     these systems at this time is premature. However, the 
     conferees recognize that State and local governments could 
     benefit from systems upgrades and linkages for ballistics 
     testing and DNA identification and analysis. Therefore, the 
     conference agreement provides a total of $21,000,000 under 
     the FBI and DEA for the FBI's DNA CODIS system and DRUGFIRE 
     system, including funding for State systems upgrades. In 
     addition, $10,000,000 is provided under the Violent Crime 
     Reduction Trust Fund for Information Technology and DNA 
     identification grants and $25,000,000 is provided to upgrade 
     criminal history records in order to implement the National 
     Instant Criminal Background Check System (NICS), resulting 
     from the Brady Handgun Violence Prevention Act.


              violent crime reduction trust fund programs

       Local law enforcement block grant.--The conference 
     agreement includes $1,903,000,000 for a Local Law Enforcement 
     Block Grant program, as proposed by the House, instead of 
     $1,690,000,000 for the Community Policing Program, 
     $100,000,000 for Drug Courts, $10,000,000 for rural law 
     enforcement, $2,000,000 for the Ounce of Prevention Council 
     and $30,000,000 for crime prevention programs, as proposed by 
     the Senate.
       The Local Law Enforcement Block Grant will provide 
     resources directly to local communities to permit them to 
     combat violent crime according to their local needs and 
     priorities. This includes putting more police on America's 
     streets. The conferees have included language encouraging 
     localities to use funding provided under this block grant to 
     hire additional police and to build on the police hiring 
     initiative funded in fiscal year 1995. the block grant 
     requires a local match of 10 percent, as compared to 25 
     percent under the Community Policing Program, thereby 
     enabling more communities to hire police.
        The conference agreement provides that the funding will be 
     distributed for this block grant to local governments by 
     using the outline provided in H.R. 728, as passed by the 
     House of Representatives on February 14, 1995, with some 
     modifications, and may be used at the discretion of local 
     governments for the following purposes:
       (1) Hiring, training, and employing on a continuing basis 
     new, additional law enforcement officers and necessary 
     support personnel;
       (2) Paying overtime to presently employed law enforcement 
     officers and necessary support personnel;
       (3) Procuring equipment, technology, and other material 
     directly related to basic law enforcement functions;
       (4) Enhancing security measures in and around schools and 
     any other facility or location which is considered by the 
     unit of local government to have a special risk for incidents 
     of crime;
       (5) Establishing or supporting drug courts;
       (6) Enhancing the adjudication process of cases involving 
     violent juvenile offenders; and
       (7) Establishing multi-jurisdictional task forces, 
     particularly in rural areas, composed of Federal and local 
     law enforcement officials to prevent and control crime.
        The conferees have also included language that clarifies 
     that the types of prevention programs allowed under the law 
     enforcement block grant are programs that involve cooperation 
     between community residents and law enforcement in order to 
     control, detect, or investigate crime or to prosecute 
     criminals. Examples of these programs currently used in many 
     local communities which have high rates of success include 
     the Drug Abuse Resistance Education (DARE) program, National 
     McGruff Network programs, Boys and Girls Clubs of America, 
     and other direct police-sponsored programs such as 
     neighborhood watch programs. The conferees have also included 
     as an allowable use under the block grant the purchase of 
     insurance to indemnify sworn law enforcement officers 
     subjected to legal action as a result of the discharge of 
     their duty, in cases where the officer acted in good faith 
     and in a manner in which the officer reasonably believed to 
     be in the best interest of public safety. In addition, the 
     conference agreement provides that $10,000,000 of the total 
     amount provided will be available for educational expenses 
     under the Police Corps program.
        National instant criminal background check system.--The 
     conference agreement provides $25,000,000 for states to 
     upgrade criminal history records as required under the Brady 
     Bill and for the FBI to complete development of the national 
     instant criminal background check system, as proposed by both 
     the House and Senate.
        State prison grants.--The conference agreement provides 
     $617,500,000 for State Prison Grants pursuant to section 114 
     of this Act which amends the Prison Grant program included in 
     the Violent Crime Control and Law Enforcement Act of 1994. Of 
     this amount, $200,000,000 is provided for reimbursement to 
     States for the incarceration of criminal aliens and 
     $12,500,000 is provided for the Cooperative Agreement 
     Program. The remaining $405,000,000 is intended for General 
     Grants and Truth-in-Sentencing Grants and administration of 
     the program and includes a $1,215,000 set-aside for Indian 
     Tribes to build corrections facilities.
        State Criminal Alien Assistance Program.--The conference 
     agreement provides $300,000,000 for the State Criminal Alien 
     Assistance Program for reimbursement to States for the costs 
     of incarceration of criminal aliens, as proposed by both the 
     House and Senate. In addition to this amount the conferees 
     have also agreed to provide $200,000,000 for this purpose 
     under the State Prison Grants program, as proposed by the 
     House. Thus, the conferees recommend a total of $500,000,000 
     for reimbursement to states for alien incarceration, as 
     proposed by the House. The conferees have also agreed to 
     provide this funding pursuant to section 242(j) of the 
     Immigration and Nationality Act as proposed by the Senate, 
     instead of pursuant to section 501 of the Immigration Reform 
     and Control Act of 1986, as proposed by the House, so that 
     funds will also be available for political subdivisions of 
     the State.
        Youthful offender incarceration grants.--The conference 
     agreement provides funding for youthful offender 
     incarceration grants as an allowable use under the State 
     Prison Grant program. Therefore, funding is not included 
     under this separate program as proposed by both House and 
     Senate.
        DNA identification State grants.--The conference agreement 
     includes $1,000,000 for DNA Identification State Grants, as 
     proposed by both the House and Senate.
        Improved training and technology/automation grants.--The 
     conference agreement provides $9,000,000 for Improved 
     Training and Technical Automation Grants, as proposed by the 
     Senate, instead of $10,000,000 as proposed by the House. As 
     stated in the House report, the conferees expect that within 
     the overall amounts recommended, the Office of Justice 
     Programs will examine the following proposals, provide grants 
     if warranted, and report to the Committees on Appropriations 
     of the House and Senate on its intentions for each proposal: 
     (1) North Carolina fingerprint system, and (2) San Francisco 
     communication system.
        Law Enforcement Family Support Programs.--The conference 
     agreement includes $1,000,000 for law enforcement family 
     support programs, as proposed by the House, instead of 
     $1,200,000 as proposed by the Senate.
        Treatment of tuberculosis in correctional institutions.--
     The conference agreement provides $200,000 for treatment of 
     tuberculosis in State and Federal Correctional institutions, 
     as proposed by the House.
        Gang investigation coordination and information 
     collection.--The conference agreement includes $1,000,000 for 
     improved information collection on gang investigations as 
     proposed by both the House and Senate. The conferees 

[[Page H 13899]]
     are aware that the Regional Information Sharing System (RISS) is 
     developing gang databases for use by State and local law 
     enforcement agencies and encourage the Office of Justice 
     Programs to utilize the RISS network to enhance the 
     collection of gang investigative information.
        Motor vehicle theft prevention.--The conference agreement 
     includes $500,000 for grants to combat motor vehicle theft as 
     proposed by the House, instead of $1,100,000 as proposed by 
     the Senate.


                       weed and seed program fund

       The conference agreement includes $28,500,000 for the Weed 
     and Seed program, instead of $23,500,000 as proposed by the 
     House and $43,500,000 as proposed by the Senate. The 
     conferees agree that the total amount provided shall be 
     derived from discretionary grants under the Edward Byrne 
     Memorial State and Local Law Enforcement Assistance Programs. 
     Within the amounts provided, the conferees expect that 
     $270,000 will be provided to the Gospel Mission of 
     Washington, D.C., for the purpose of renovating the former 
     Fulton Hotel and converting it into a drug treatment center 
     for women.


                       juvenile justice programs

       The conference agreement includes $148,500,000 for Juvenile 
     Justice programs as proposed by the House, instead of 
     $168,500,000 as proposed by the Senate. The conferees have 
     agreed to eliminate a provision proposed by the House that 
     provided $10,000,000 of discretionary grants under this 
     program to be used for the Weed and Seed program. The 
     conferees suggest that these funds be used to enhance grants 
     addressing youth gangs and related violence and have 
     therefore agreed to also eliminate a provision proposed by 
     the Senate that provided an additional $20,000,000 for youth 
     gang prevention from discretionary grants under the Edward 
     Byrne Memorial State and Local Law Enforcement Assistance 
     Programs.
       Juvenile justice and delinquency prevention.--Of the total 
     amount provided, $144,000,000 is for grants and 
     administrative expenses for Juvenile Justice and Delinquency 
     Prevention (JJDP) programs including:
       1. $5,000,000 for the Office of Juvenile Justice and 
     Delinquency Prevention (OJJDP) (Part A).
       2. $70,000,000 for Formula Grants for assistance to State 
     and local programs (Part B).
       3. $25,000,000 for Discretionary Grant for National 
     Programs and Special Emphasis Programs (Part C). Within the 
     amount provided for Part C discretionary grants, the 
     conferees expect the OJJDP to provide:
       $2,300,000 to continue and expand the National Council of 
     Juvenile and Family Courts which provides continuing legal 
     education in family and juvenile law;
       $1,000,000 for the Teens, Crime and the Community program; 
     and
       $250,000 for the Low Country Children's Center.
       In addition, the conferees also expect OJJDP to examine 
     each of the following proposals included in the House and 
     Senate reports, to provide grants if warranted, and to report 
     to the Committees on Appropriations of both the House and 
     Senate on its intentions for each proposal:
       A grant to the Santa Fe Boys and Girls Club;
       A grant to the Mable Dodge Lujan Foundation in Taos, New 
     Mexico;
       A grant to the Kids Peace national Center for Kids for its 
     Intensive Treatment Family Program;
       A grant to Parents Anonymous Inc.;
       A grant to continue funding for an Institute for Families 
     in Society Study; and
       A grant to the Institute on Violence and Destructive 
     Behavior.
       4. $10,000,000 to expand the Youth Gangs (Part D) program 
     which provides grants to public and private nonprofit 
     organizations to prevent and reduce the participation of at-
     risk youth in the activities of gangs that commit crimes.
       5. $10,000,000 for Discretionary Grants for State Challenge 
     Activities (Part E) to increase the amount of a State's 
     formula grant by up to 10 percent, if that State agrees to 
     undertake some or all of the ten challenge activities 
     designed to improve various aspects of a State's juvenile 
     justice and delinquency prevention programs.
       6. $4,000,000 for the Juvenile Mentoring Program (Part G) 
     to reduce juvenile delinquency, improve academic performance, 
     and reduce the drop-out rate among at-risk youth through the 
     use of mentors by bringing together young people in high 
     crime areas with law enforcement officers and other 
     responsible adults who are willing to serve as long-term 
     mentors.
       7. $20,000,000 for Incentive Grants for Local Delinquency 
     Prevention Programs (Title V), to units of general local 
     government for delinquency prevention programs and other 
     activities for at-risk youth.
       Victims of Child Abuse Act.--The conference agreement 
     includes $4,500,000 for the various programs authorized under 
     the Victims of Child Abuse Act (VOCA). In addition, funding 
     of $6,750,000 is provided for Victims of Child Abuse programs 
     under the Violence Against Women Programs funded by the 
     Violent Crime Reduction Trust Fund. The following programs 
     are included in the recommendation:
       $4,500,000 to Improve Investigations and Prosecutions 
     (Subtitle A) as follows:
       $500,000 to establish Regional Children's Advocacy Centers, 
     as authorized by section 213 of VOCA.
       $2,000,000 to establish local Children's Advocacy Centers, 
     as authorized by section 214 of VOCA.
       $1,500,000 for a continuation grant to the National Center 
     for Prosecution of Child Abuse for specialized technical 
     assistance and training programs to improve the prosecution 
     of child abuse cases, as authorized by section 214a of VOCA.
       $500,000 for a continuation grant to the National Network 
     of Child Advocacy Centers for technical assistance and 
     training, as authorized by section 214a of VOCA.


                    PUBLIC SAFETY OFFICERS BENEFITS

       The conference agreement includes $2,134,000 for Public 
     Safety Officers benefits as proposed by both the House and 
     the Senate bills.

                         Department of Justice


                           General Provisions

       The conference agreement includes the following general 
     provisions for the Department of Justice:
       Section 101.--The conference agreement includes section 101 
     as proposed by both the House and Senate, which makes up to 
     $45,000 of the funds appropriated to the Department of 
     Justice available for reception and representation expenses.
       Sec. 102.--The conference agreement includes section 102 as 
     proposed by both the House and Senate, which continues 
     certain authorities for the Justice Department in fiscal year 
     1996 that were contained in the Department of Justice 
     Authorization Act, fiscal year 1980.
       Sec. 103.--The conference agreement includes section 103 as 
     proposed by both the House and Senate, which prohibits the 
     use of funds to perform abortions in the Federal Prison 
     System.
       Sec. 104.--The conference agreement includes section 104 as 
     proposed by both the House and Senate, which prohibits use of 
     the funds in this bill to require any person to perform, or 
     facilitate the performance of, an abortion.
       Sec. 105.--The conference agreement includes section 105 as 
     proposed by both the House and Senate, which states that 
     nothing in the previous section removes the obligation of the 
     Director of the Bureau of Prisons to provide escort services 
     to female inmates who seek to obtain abortions outside a 
     Federal facility.
       Sec. 106.--The conferees have agreed to modify section 106 
     as proposed by both the House and Senate, which allows the 
     Department of Justice to spend up to $10,000,000 for rewards 
     for information regarding acts of terrorism against a United 
     States person or property at levels not to exceed $2,000,000 
     per award, in order to clarify that the provision relates to 
     rewards that are publicly-advertised and offered to the 
     general public.
       Sec. 107.--The conference agreement includes section 107 as 
     proposed in the Senate bills, which allows the Department of 
     Justice, subject to reprogramming procedures, to transfer up 
     to 5 percent between any appropriation, but limits to 10 
     percent the amount that can be transferred into any one 
     appropriation. The House bill excluded the Office of Justice 
     Programs, Justice Assistance account from this authority.
       Sec. 108.--The conference agreement includes section 108 as 
     proposed in the House and Senate bills, which allows the 
     Federal Prison System's Commissary Fund to invest amounts not 
     needed for operations of the United States.
       Sec. 109.--The conference agreement includes section 109 as 
     proposed in the House and Senate bills, that allows balances 
     remaining in the Assets Forfeiture Fund after September 30, 
     1995 to be available to the Attorney General for any 
     authorized purpose of the Department of Justice.
       Sec. 110.--The conference agreement includes section 110 as 
     proposed in the Senate bill, which prohibits the transfer of 
     Justice Department funds in fiscal year 1996 and hereafter, 
     to other Departments and the Office of Management and Budget. 
     The House bill prohibited this transfer only for fiscal year 
     1996.
       Sec. 111.--The conference agreement includes section 111 as 
     proposed in the House and Senate bills, which extends the 
     quarterly fee payments for debtors under Chapter 11 of the 
     Bankruptcy Code to include the period from when a 
     reorganization plan is confirmed by the Bankruptcy Court 
     until the case is converted or dismissed. The conferees 
     intend that this fee will apply to both pending and new 
     cases.
       Sec. 112.--The conference agreement includes section 112 as 
     proposed in the House and Senate bills, that continues the 
     undercover operations authorities for the FBI and DEA for one 
     year. No new authorities are provided.
       Sec. 113.--The conference agreement includes section 113 as 
     proposed in the House and Senate bills, that allows the user 
     fee surcharge currently collected by the FBI to defray 
     automation costs related to the development of the NCIC 2000 
     and Uniform Crime Report systems in addition to costs of the 
     fingerprint identification system.
       Sec. 114.--The conferees have agreed to include section 114 
     and have revised the language proposed in the Senate bill 
     which authorizes a new Violent Offender Incarceration and 
     Truth-in-Sentencing Incentive Grants program to replace the 
     program currently authorized in Title II of the Violent Crime 
     Control and Law Enforcement Act of 1994. The House bill 
     referenced the Prison Grant program authorized under H.R. 667 
     as passed by the House on February 10, 1995, for 

[[Page H 13900]]
     resources provided for this grant program under the Violent Crime 
     Reduction Trust Fund Programs, State and Local Law 
     Enforcement Assistance.
       The conferees agree that the Prison Grant program should 
     reward and provide an incentive to States that are taking the 
     necessary steps to keep violent criminals off the streets. 
     The conferees further agree that the program currently 
     authorized in the Violent Crime Control and Law Enforcement 
     Act of 1994 fails to provide an adequate incentive because it 
     allows fifty percent of the funds to be awarded to States 
     even if they have not moved toward truth-in-sentencing and 
     even if they have not increased the percentage of convicted 
     violent offenders sentenced to prison or the time served.
       The revised language included in this section authorized 
     $10,270,000,000 for fiscal years 1996 through 2000 for States 
     to build or expand correctional facilities for the purpose of 
     incarcerating criminals convicted of Part I violent crimes, 
     or persons adjudicated delinquent for an act which if 
     committed by an adult, would be a Part I violent crime. It 
     does not allow funds to be used to operate prisons as 
     provided in the current program and it requires a 10-percent 
     match by the State instead of a 25-percent match as included 
     in the current program. The conferees agree that in 
     developing criteria for determining the eligibility for 
     funding to build or expand bedspace, the Department of 
     Justice should include a requirement that States demonstrate 
     the ability to fully support, operate and maintain the prison 
     for which the State is seeking construction funds.
       The provision would establish two grant programs to States: 
     (1) General grants which will receive one-third of the funds, 
     and (2) Truth-in-Sentencing grants which will receive two-
     thirds of the funds; except when the appropriation exceeds 
     $750,000,000 for the Prison Grant program in which case each 
     grant program will receive 50 percent of the funds. The 
     conference agreement increases the minimum grant award to 0.6 
     percent for General grants and to 2.0 percent or 2.5 percent 
     for Truth-in-Sentencing grants (depending on the number of 
     States qualifying for Truth-in-Sentencing grants). A State 
     would qualify for a General grant if it practices 
     indeterminate sentencing and since 1993 has increased the 
     percentage of persons convicted of a Part I violent crime 
     sentenced to prison and increased the average time served in 
     the State for offenses of murder, rape, and robbery under the 
     State's sentencing and release guidelines for such offenses. 
     A State also would qualify for a General grant if it does not 
     practice indeterminate sentencing but since 1993 it has 
     increased the percentage of convicted violent offenders 
     sentenced to prison, increased the average length of such 
     offenders given sentences, and required that such offenders 
     actually serve a higher percentage of their sentences. A 
     State would qualify for a Truth-in-Sentencing grant if it has 
     enacted truth-in-sentencing laws which require criminals 
     convicted of Part I violent crimes to serve at least 85 
     percent of their sentences. A State also would qualify for 
     Truth-in-Sentencing grants if it practices indeterminate 
     sentencing and it can demonstrate that the average time 
     served for Part I violent crimes in the State equals at least 
     85 percent of the sentence established under the State's 
     sentencing and release guidelines.
       Other provisions of the new authorization require that 
     States share up to 15 percent of the funds received with 
     counties and other units of local government for the 
     construction and expansion of correctional facilities, 
     including jails, to the extent that such units of local 
     government house State prisoners due to States carrying out 
     the policies of the Act. In addition, under exigent 
     circumstances, States may also use funds to expand juvenile 
     correctional facilities, including pretrial detention 
     facilities and juvenile boot camps. States are also required 
     to implement policies that provide for the recognition of the 
     rights and needs of crime victims to be eligible for grants. 
     The authorization also includes the availability of 
     appropriations to reimburse States that satisfy truth-in-
     sentencing requirements for the incarceration of criminal 
     aliens. In addition, funds are available, to the extent they 
     are appropriated, for the Cooperative Agreement Program for 
     the short-term housing of Federal prisoners in State 
     institutions and a set-aside program has been included for 
     Indian tribes to build correctional facilities.
       Sec. 115.--The conference agreement includes section 115 as 
     proposed by the Senate which allows the Federal Prison System 
     to enter into contracts and other agreements with private 
     entities for a multi-year period for the confinement of 
     Federal prisoners.
       The conferees have agreed not to include section 116 as 
     proposed by the Senate, which would have provided the Federal 
     Bureau of Investigation with the same overseas danger pay 
     authority currently provided to the Drug Enforcement 
     Administration.
       The conferees have agreed not to include section 117 as 
     proposed by the Senate, which would have removed restrictions 
     on the commercial sale of goods and services produced or 
     provided by the Federal Prison Industries if the President 
     certified that the sale of such goods or services would not 
     result in the loss of jobs in the private sector or adversely 
     affect the sale of private sector goods or services sold on a 
     local or regional basis.
       Sec. 116.--The conference agreement includes section 118 as 
     proposed by the Senate and changes the number to section 116, 
     which amends the National Voter Registration Act of 1993 to 
     exempt States which have adopted same-day registration laws 
     prior to August 1, 1994, rather than March 11, 1993, as in 
     current law.
       The conferees have agreed not to include section 119 as 
     proposed in the Senate bill which would have provided 
     authorization for a new State grant program for 
     identification systems and would have appropriated 
     $60,000,000 for this program under the Office of Justice 
     Programs.
       The conferees have agreed not to include section 120 as 
     proposed in the Senate bill which would have required the 
     Attorney General to reserve not less than two percent, but 
     not more than three percent of the funds appropriated for the 
     Local Crime Prevention Block Grant program, the Weed and Seed 
     program, and the Youth Gang program under Juvenile Justice, 
     to conduct a comprehensive evaluation of the effectiveness of 
     these programs.
       However, the conferees are aware that there is a diverse 
     group of programs funded by the Department of Justice to 
     assist State and local law enforcement and communities in 
     preventing crime. The conferees are concerned that there has 
     not been a recent comprehensive evaluation of the 
     effectiveness of all of these programs and expects that nine 
     months after enactment of this Act, the Attorney General 
     shall provide to the Committees on Appropriations of both 
     House and Senate, a thorough evaluation of the crime programs 
     funded by the Office of Justice Programs, with special 
     emphasis on factors that relate to juvenile crime and the 
     effect of these programs on youth violence.
       The conferees further expect that research for this 
     evaluation will (1) be provided directly or through grants 
     and contracts, (2) be independent in nature, and (3) employ 
     rigorous and scientifically recognized standards and 
     methodologies. It is further expected that the evaluation 
     will measure, but shall not be limited to: (a) reductions in 
     delinquency, juvenile crime, youth gang activity, youth 
     substance abuse, and other high risk factors; (b) reductions 
     in the risk factors in the community, schools, and family 
     environments that contribute to juvenile violence; and (c) 
     increases in the protective factors that reduce the 
     likelihood of delinquency and criminal behavior.
       Sec. 117.--The conference agreement includes section 121 as 
     proposed by the Senate and changes the number to section 117, 
     which prohibits the use of voter registration cards by any 
     Federal agency as proof of citizenship.
       The conferees have agreed not to include section 122 as 
     proposed by the Senate which would have required the 
     reimbursement to localities for the incarceration of criminal 
     aliens for both 1996 and 1995 expenses. However, the 
     conferees have agreed to provide funding for the State 
     Criminal Alien Assistance Program pursuant to section 242(j) 
     of the Immigration and Nationality Act as proposed by the 
     Senate, so that funds provided in 1996 will be available for 
     political subdivisions of the State. This change is included 
     under Violent Crime Reduction Programs, State and Local Law 
     Enforcement Assistance.
       Sec. 118.--The conference agreement includes section 123 as 
     proposed by the Senate and changes the number to section 118, 
     which gives the Administrator of the Drug Enforcement 
     Administration the same authority provided to the Director of 
     the Central Intelligence Agency and the Director of the FBI 
     to use a government vehicle for home to work transportation.
       Sec. 119.--The conference agreement includes new language 
     that authorizes the U.S. Foreign Claims Settlement Commission 
     to receive and determine the validity and amounts of claims 
     by U.S. nationals against the Federal Republic of Germany 
     covered by article 2(2) of the Agreement Between the United 
     States and Germany Concerning Final Benefits to Certain 
     United States Nationals Who Were Victims of National 
     Socialist Measures of Persecution, which became enforceable 
     September 19, 1995. In deciding claims under subsection (a) 
     of this section, the conferees intend that the Foreign Claims 
     Settlement Commission consider on the merits the claim of any 
     person who has not benefited from the compensation provided 
     under article 2(1) of the agreement. In applying the criteria 
     set forth in article 1 of the agreement, the conferees expect 
     the Commission will determine whether an institution should 
     be considered a ``concentration camp'' based on whether the 
     institution is recognized by relevant authorities as a 
     concentration camp or whether conditions at the institution 
     in question were comparable to conditions at a recognized 
     concentration camp.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES


                  trade and infrastructure development

                            RELATED AGENCIES

            Office of the United States Trade Representative


                         salaries and expenses

       The conference agreement includes $20,889,000 for salaries 
     and expenses of the Office of the United States Trade 
     Representative, the amount proposed in the Senate bill, and 
     $60,000 below the amount proposed in the House bill.

                     International Trade Commission


                         salaries and expenses

       The conference agreement includes $40,000,000 for the 
     salaries and expenses of 

[[Page H 13901]]
     the International Trade Commission (ITC) for fiscal year 1996, instead 
     of $42,500,000 as proposed by the House and $34,000,000 as 
     proposed by the Senate.
       The conferees expect ITC to apply any necessary staffing 
     reductions proportionately to all agency offices, including 
     program as well as administrative support offices.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     operations and administration

       The conference agreement includes $264,885,000 for the 
     operations and administration of the International Trade 
     Administration for fiscal year 1996 as proposed by the House, 
     instead of $266,079,000 as proposed by the Senate. The 
     following table reflects the distribution of these funds by 
     activity agreed to by the conferees:

Trade Development...........................................$56,485,000
Int'l Economic Policy........................................18,400,000
Import Administration........................................29,200,000
U.S. & F.C.S................................................162,600,000
Carryover....................................................-2,000,000
                                                       ________________

    Total, ITA..............................................264,885,000

       The conferees intend that this distribution be used as the 
     basis for any proposed reprogramming of funds under this 
     account.
       The conferees concur with the language included in the 
     House report regarding the Office of Textiles and Apparels, 
     the National Textile Center, and the Textile/Clothing 
     Technology Corporation. Amounts provided for Trade 
     Development include funding for each of these items in 
     accordance with the House report. The conference agreement 
     includes $1,500,000 for the Market Development Cooperator 
     Program under Trade Development. Therefore, Trade Development 
     operations are maintained at current services levels.
       The conferees expect the funds provided for the Import 
     Administration to support a personnel level sufficient to 
     support the enforcement of trade laws.
       The conferees intend that amounts provided above the base 
     for the U.S. and Foreign Commercial Service are for domestic 
     field restructuring and expansion of the Commercial Service 
     in the big emerging markets.

                         Export Administration


                     operations and administration

       The conference agreement includes $38,604,000 for the 
     Bureau of Export Administration (BXA) as proposed by the 
     Senate, instead of $38,644,000 as proposed by the House. In 
     addition, the conference agreement includes a new proviso, 
     not in either bill, allowing payments and contributions 
     collected and accepted for materials or services provided to 
     support export administration activities to be retained for 
     use in covering the cost of such activities.
       The conferees understand that BXA maintains carryover 
     balances of approximately $3,000,000, and expect the 
     Department to submit a notification of the proposed use of 
     these carryover amounts in accordance with section 605 of 
     this Act.

                  Economic Development Administration


                economic development assistance programs

       The conference agreement includes $328,500,000 for the 
     Economic Development Administration grant programs as 
     proposed by the House instead of $89,000,000 as proposed by 
     the Senate.
       The following table shows the distribution of these funds 
     by activity as agreed to by the conferees:

Public Works (Title I).....................................$165,200,000
Planning.....................................................24,400,000
Technical Assistance..........................................9,900,000
Defense Conversion...........................................90,000,000
Economic Adjustment (Title IX)...............................30,000,000
Trade Adjustment Assistance...................................8,500,000
Research and Evaluation.........................................500,000

       The conference agreement increases amounts for Economic 
     Adjustment (Title IX) above the request in order to provide 
     assistance to communities impacted by economic dislocations 
     such as reduced timber harvests on Bureau of Land Management 
     and Forest Service lands and coal industry downswings. 
     Expenditure of funds provided over the amount of the request 
     for this activity shall be subject to the reprogramming 
     procedures outlined in section 605 of the accompanying Act.


                         salaries and expenses

       The conference agreement includes $20,000,000 for salaries 
     and expenses for the EDA as proposed by the House instead of 
     $11,000,000 as proposed by the Senate. The conferees expect 
     EDA to use either the Salaries and Expenses appropriation or 
     the revolving fund (under 42 U.S.C. 3143) to pay the salaries 
     and expenses of the EDA Liquidation Division.

                  Minority Business Development Agency


                     minority business development

       The conference agreement includes $32,000,000 for the 
     programs of the Minority Business Development Agency (MBDA) 
     as proposed by the House instead of $32,789,000 as proposed 
     by the Senate. In addition, the conferees have deleted 
     language included in the Senate bill which would have 
     transferred $1,000,000 of prior year unobligated balances 
     under this account to a new Commerce Reorganization 
     Transition Fund.
       The conferees endorse language included in the House report 
     regarding funding for programs that further minority business 
     participation in technology commercialization. Further, the 
     conferees expect MBDA to reduce FTE in order to achieve an 
     appropriate ratio of support staff to total program level.

            United States Travel and Tourism Administration


                         salaries and expenses

       The conference agreement includes $2,000,000 for the 
     salaries and expenses of the U.S. Travel and Tourism 
     Administration as proposed by the House instead of 
     $12,000,000 as proposed by the Senate. These funds are to 
     remain available through December 31, 1995.


                economic and information infrastructure

                   economic and statistical analysis

                         salaries and expenses

       The conferees have provided $45,900,000 for salaries and 
     expenses of the activities funded under the Economic and 
     Statistical Analysis account instead of $40,000,000 as 
     proposed by the House and $46,896,000 as proposed by the 
     Senate.


         economic and statistics administration revolving fund

       The conference agreement includes language allowing the 
     dissemination of economic and statistical data products as 
     full cost as proposed in both the House and Senate bills.

                          Bureau of the Census


                         salaries and expenses

       The conference agreement includes $133.812,000 for the 
     Bureau of the Census Salaries and Expenses account as 
     proposed by the Senate instead of $136,000,000 as proposed by 
     the House. Within the amounts provided, the conferees expect 
     the Bureau to continue the initiative to restructure standard 
     industrial codes.


                     periodic censuses and programs

       The conferees have provided $150,300,000 for the Census 
     Bureau's Periodic Censuses and Programs account instead of 
     $135,000,000 as proposed by the House and $193,450,000 as 
     proposed by the Senate.
       The conferees have included the following amounts for 
     Census programs:

Economic Censuses...........................................$25,000,000
Census of governments.........................................2,000,000
Census of agriculture........................................10,000,000
Intercensal Demographic estimates.............................5,000,000
Decennial Census.............................................50,000,000
Continuous measurement........................................9,000,000
Sample redesign...............................................3,000,000
CASIC.........................................................4,000,000
Geographic support...........................................36,000,000
Data processing systems......................................12,000,000
  Less Deobligations.........................................-3,100,000
  Less carryover.............................................-2,600,000
                                                       ________________

    Total...................................................150,300,000

       The conferees intend that this distribution be used as the 
     basis for any proposed reprogramming of funds in accordance 
     with section 605 of this Act.
       The amount provided under this account reflects the 
     conferees' continuing concerns with the inability of the 
     Census bureau to recognize budgetary realities. The Bureau is 
     preparing to undertake the Year 2000 decennial census during 
     a time of severe budget constraints within the Federal 
     government. It is critical that the Bureau act now to 
     reprioritize statistical needs and to streamline operations 
     in order to function within these fiscal constraints. The 
     conferees are concerned that the Bureau and the Department 
     have failed to submit a proposal, requested in the House 
     report, on reprioritization of statistical programs and 
     possible program eliminations. The conferees believe that 
     this review is critical, and expect the Department to submit 
     this proposal to the House and Senate Committees on 
     Appropriations no later than January 15, 1996.
       Further, the conferees are disturbed that the Bureau 
     continues to exceeds its full-time equivalent employment 
     (FTE) ceiling. While the conferees understand the cyclical 
     nature of the Bureau's programs, this continuing coverage is 
     of particular concern since it has occurred during the 
     Bureau's low point in the ten year census cycle. According to 
     the National Research Council's report on census 
     modernization, between 1970 and 1990 the cost of Bureau 
     headquarters management increased from $30,000,000 to 
     $105,000,000, a 350 percent increase, and headquarters staff 
     increased by almost 3,000 FTE, a 67 percent increase. The 
     conferees believe that there are areas which can and must be 
     streamlined and reduced. The conferees expect the Bureau to 
     include in the aforementioned report an explanation of the 
     cause, cost, and duration of the FTE ceiling coverage and its 
     plans to remedy this situation.
       Census 2000.--The conferees continue to be concerned about 
     progress related to the next decennial census. The 
     Appropriations Committee of the House and Senate have for 
     several years cautioned the Bureau that the cost of the Year 
     2000 Census had to be kept in check, and that only through 
     early planning and decision making could costs be controlled.
       The conferees recognize the fiscal year 1996 is a critical 
     year in planning for the decennial census, and that numerous 
     decisions will be made and preparations taken which will have 
     a significant bearing on the overall cost of conducting the 
     census, as well as the design selected. In light of the 
     impact these decisions will have on future appropriations in 
     an era of shrinking resources, the conferees expect the 
     Bureau to consult with the House and Senate Committees on 
     Appropriations, as well as the appropriate authorizing 
     committees, and to submit a notification in 

[[Page H 13902]]
     accordance with section 605 of the accompanying Act before implementing 
     plans for the Year 2000 Census final design, methodology, 
     content, and pre-census and post-census operations.
       In addition, the conferees expect the Bureau to include in 
     its report to the Committees, as described above, a response 
     to the serious issues raised by the National Research Council 
     concerning cost increases surrounding the 1990 Census and its 
     plans to avoid such increases in the Year 2000 Census. The 
     specific raised by the NRC to be addressed in this report 
     include: (1) dramatic increases in census headquarters 
     staffing and costs; (2) data collection cost increases; (3) 
     data processing cost increases; (4) data dissemination costs; 
     and (5) census testing costs.
       Finally, the conferees are disappointed that the Bureau has 
     failed to act on the stipulation included in the fiscal year 
     1995 House report directing the Bureau to work to obtain 
     reimbursement from other Federal agencies for the costs 
     associated with obtaining information on the decennial 
     census. The conferees expect the Bureau to include in its 
     report to the House and Senate Appropriations Committees an 
     explanation of its progress in implementing this action.

       National Telecommunications and Information Administration


                         Salaries and Expenses

       The conference agreement includes $17,000,000 for the 
     National Telecommunications and Information Administration 
     salaries and expenses instead of $19,709,000 as proposed by 
     the House. The Senate bill included a total of $17,000,000 
     for NTIA salaries and expenses, of which $8,000,000 was 
     provided through direct appropriations and $9,000,000 was 
     provided by transfer from the Department of Justice Working 
     Capital Fund for spectrum management. The conference 
     agreement does not include a specific transfer of funds from 
     the Justice Working Capital Fund into this account.
       The conference agreement also includes language, as 
     proposed by the Senate, expanding the purposes for which 
     funds may be transferred to NTIA from other government 
     agencies to include spectrum management, analysis and 
     operations. The House bill addressed only funds transferred 
     from other agencies for costs incurred in telecommunications 
     research engineering and related activities by NTIA's 
     Institute for Telecommunications Sciences. This language will 
     allow NTIA to receive funds from other agencies to offset the 
     cost of spectrum management, particularly those costs related 
     to national security and law enforcement. The conferees 
     expect NTIA, working with the Office of Management and 
     Budget, to develop a proposal allowing for the reimbursement 
     of spectrum management costs by other agency users and to 
     provide a report on this proposal to the Committees on 
     Appropriations of the House and the Senate no later than 
     January 15, 1996.


       Public Broadcasting facilities, Planning and Construction

       The conference agreement includes $15,500,000 for Public 
     Broadcasting Facilities, Planning and Construction grants 
     instead of $19,000,000 as proposed by the House and 
     $10,000,000 as proposed by the Senate. The conference 
     agreement allows up to $2,200,000 of this amount to be used 
     for program administration, as provided in both the House and 
     Senate bills.


                   information infrastructure grants

       The conferees have provided $21,500,000 for NTIA's 
     Information Infrastructure Grant program instead of 
     $40,000,000 as proposed by the House and $18,900,000 as 
     proposed by the Senate. Within the amount provided, the 
     conference agreement designates $3,000,000 for program 
     administration, instead of $4,000,000 as proposed by the 
     House and $900,000 as proposed by the Senate.
       The conferees have not included bill language proposed by 
     the Senate requiring NTIA to add certain criteria to the 
     factors taken into consideration in selecting projects funded 
     under this program, including the extent to which a proposal 
     is consistent with State plans and priorities and the extent 
     to which particular applications have been coordinated with 
     telecommunications and information entities within the State. 
     However, the conferees support NTIA's use of such criteria as 
     additional factors to be considered when selecting grants 
     under this program.

                      Patent and Trademark Office


                         salaries and expenses

       The conferees have provided $82,324,000 for the Patent and 
     Trademark Office as proposed by the Senate instead of 
     $90,000,000 as proposed by the House.

                         Science and Technology

             National Institute of Standards and Technology


             Scientific and Technical Research and Services

       The conference agreement includes $259,000,000 for the 
     internal (core) research account of the National Institute of 
     Standards and Technology instead of $263,000,000 as proposed 
     by the House and $222,737,000 as proposed by the Senate.
       The conferees concur with the House and Senate position 
     that the Malcolm Baldrige Quality Program be funded under 
     this account. The conferees expect the remaining funds 
     provided to be distributed proportionately to the activities 
     delineated in the House report.
       The conference agreement deletes language proposed by the 
     Senate which would have earmarked $1,200,000 within the 
     amount provided under this account for continuation of the 
     ``green buildings'' program. The House bill contained no 
     similar provision.


                     industrial technology services

       The conference agreement includes $80,000,000 for the NIST 
     external research account instead of $81,100,000 as proposed 
     by the House and $101,600,000 as proposed by the Senate. The 
     conferees have provided this amount to fund only the 
     Manufacturing Extension Partnership Program as proposed by 
     the House. The Senate bill would have allowed up to 
     $25,300,000 to be used to support continuation grants for 
     prior year Advanced Technology Program awards.
       The conferees have provided $80,000,000 for the 
     Manufacturing Extension Partnership Program instead of 
     $81,100,000 as proposed by the House and $76,300,000 as 
     proposed by the Senate. The conferees intend that these funds 
     be applied in accordance with the direction given in the 
     House report.
       The conference agreement retains language included in both 
     the House and Senate bills directing that no additional 
     grants be awarded with carryover funds under the Advanced 
     Technology Program, and that any remaining unobligated 
     balances be used to fund continuation costs of ATP grants 
     awarded in prior fiscal years.


                  construction of research facilities

       The conference agreement included $60,000,000 for the NIST 
     Construction account as proposed by the House instead of 
     $27,000,000 as proposed by the Senate. The conferees have 
     included the House language allowing these funds to be used 
     for both construction of new facilities and renovation of 
     existing facilities rather than the Senate language which 
     would have limited use of the funds to renovation of existing 
     facilities only.
       The conference agreement also includes, in a later section, 
     the rescission of $75,000,000 of prior year carryover amounts 
     from this account. The result of the conference action will 
     allow NIST to obligate $79,000,000 under this account for 
     fiscal year 1996. The conferees intend that these funds be 
     used for the purpose of proceeding with the construction of a 
     new Chemistry building at the NIST Gaithersburg campus, with 
     the remaining $9,000,000 to be applied to routine maintenance 
     and repair of structures at both the Gaithersburg and Boulder 
     campuses. The conferees are also concerned about the 
     obligation of more than $50,000,000 from this account late in 
     fiscal year 1995, and expect NIST to submit no later than 
     January 15, 1996, a full accounting of funds obligated under 
     this account during fiscal year 1995. The conferees are 
     particularly concerned about the obligation of $22,150,000 of 
     funds against an existing contract for ``conservative 
     estimates''. The conferees expect NIST to submit a 
     reprogramming of funds in accordance with section 605 of this 
     Act for any amounts subsequently deobligated under any NIST 
     construction contract.

            National Oceanic and Atmospheric Administration


                  operations, research and facilities

                     (including transfer of funds)

       The conferees have provided an appropriation of 
     $1,795,677,000 for the Operations, Research, and Facilities 
     account of the National Oceanic and Atmospheric 
     Administration (NOAA) instead of $1,724,452,000 as proposed 
     by the House and $1,809,092,000 as proposed by the Senate. In 
     addition, the conference agreement allows $3,000,000 in 
     offsetting fees related to the aeronautical charting program 
     to be collected to offset this amount, resulting in a final 
     direct appropriation of $1,792,677,000 instead of 
     $1,721,452,000 as proposed by the House and $1,806,092,000 as 
     proposed by the Senate.
       In addition to the new budget authority provided, the 
     conference agreement allows a transfer of $63,000,000 from 
     balances in the account titled ``Promote and Develop Fishery 
     Products and Research Related to American Fisheries'', 
     instead of $57,500,000 as proposed by the House and 
     $62,000,000 as proposed by the Senate.
       The conference agreement does not include language proposed 
     by the Senate requiring the National Weather Service to 
     expand not more than $700,000 to operate and maintain 
     agricultural weather service centers. The House bill 
     contained no similar provision. Funding for agricultural 
     weather offices is addressed later in this report.
       The conferees concur with instructions contained in the 
     House and Senate reports regarding the development of a 
     revised budget structure for NOAA in consultation with the 
     House and Senate Appropriations Committees, and expect the 
     submission of the fiscal year 1997 budget request to conform 
     to this new structure.
       The conferees are aware that, during the recent shutdown of 
     Federal activities, NOAA utilized carryover funds from 
     various programs, projects and activities to continue 
     operating without following standard notification procedures 
     required under section 605 of the Appropriations Act. Upon 
     enactment of the accompanying Act, the conferees expect NOAA 
     to submit to the House and Senate Appropriations Committees a 
     detailed accounting of the carryover funds utilized for this 
     purpose, including a plan for restoring those activities from 
     which funds were redirected.
       The conferees expect NOAA to use the Federal Ship Financing 
     Fund to cover administrative expenses related to that 
     account.

[[Page H 13903]]

       Unless specifically stated otherwise in this Statement of 
     the Committee of the Conference, the conferees intend that 
     amounts expended from the NOAA Operations, Research and 
     Facilities account be allocated as previously described in 
     the Committee reports of the House and Senate.
       The following table reflects the distribution of the funds 
     provided in this conference agreement:

[[Page H 13904]]
     TH04DE95.000
     


[[Page H 13905]]
     TH04DE95.001
     


[[Page H 13906]]
     TH04DE95.002
     


[[Page H 13907]]
     TH04DE95.003
     


[[Page H 13908]]
     TH04DE95.004
     


[[Page H 13909]]
     TH04DE95.005
     


[[Page H 13910]]
     TH04DE95.006
     


[[Page H 13911]]
     TH04DE95.007
     


[[Page H 13912]]
     TH04DE95.008
     


[[Page H 13913]]
     TH04DE95.009
     


[[Page H 13914]]
     TH04DE95.010
     


[[Page H 13915]]
     TH04DE95.011
     


[[Page H 13916]]
     TH04DE95.012
     

       The following narrative provides additional information 
     related to certain items included in the preceding table.


                         national ocean service

       The conferees have provided a total of $175,301,000 under 
     this account for the activities of the National Ocean 
     Service.
       Mapping and charting.--The conferees have provided 
     $34,000,000 for NOAA's mapping and charting programs for the 
     purposes as described in the House report, with additional 
     guidance given under the Fleet Modernization account 
     addressed later in this report. In addition, the conferees 
     would be willing to entertain a proposal to reprogram up to 
     $1,000,000 of these amounts for observation and prediction 
     activities to maintain tide and sea level measurements.
       Coastal Ocean Program.--The conferees have provided 
     $11,500,000 for the Coastal Ocean Program, of which $700,000 
     is for the continuation of research on high-salinity 
     estuaries as proposed by the Senate. Within the total amount 
     provided, the conferees expect the Coast Ocean Program 
     managers to respond to the algae bloom in the Peconic Estuary 
     system and adjacent Long Island waters that have devastated 
     the commercial fishing industry. In addition to a 
     concentrated research effort to understand the physiology of 
     the brown tide organism, a systematic and comprehensive 
     mapping of the bottom of the Peconic system should be 
     conducted as soon as possible to identify containments and 
     profile the problems being experienced by the shellfish 
     industry. This action would supplement current efforts to 
     maintain the health and integrity of the entire Peconic 
     system through the Peconic Estuary Program.
       Coastal zone management.--The conference agreement includes 
     $46,200,000 for CZM program grants. An additional $1,000,000 
     is provided for the National Estuarine Research Reserve 
     program, in addition to $3,300,000 provided under the Coastal 
     Zone Management Fund described later in this report. The 
     conferees have agreed to provide $500,000 to complete NOAA 
     support for the special area management plan.
       Marine Sanctuary Program.--The conference agreement 
     includes $11,685,000 for the National Marine Sanctuary 
     Program. The conferees are aware of concerns related to the 
     proposal to designate a new marine sanctuary site in Puget 
     Sound, Washington. The conferees also recognize the efforts 
     being made by State and local officials, through existing 
     programs, to manage the unique resources in Puget Sound. The 
     conferees expect NOAA to continue the designation process 
     without final designation of the Northwest Straits National 
     Marine Sanctuary in the waters of Puget Sound prior to 
     January 1, 1997 or until all of the county legislative bodies 
     within or bordering the proposed marine sanctuary boundaries 
     vote in the affirmative to ask for final designation.
       Other.--Within the amounts provided for geodesy, the 
     conferees have included $500,000 for continuation of geodetic 
     survey work as described in the Senate report, and $1,000,000 
     for continuation of the land information system as described 
     in the House report. Of the latter amount, $500,000 is 
     included for the Orleans Parish and $500,000 is for the City 
     of Sulphur to complete the Calcasieu Parish project. The 
     conferees expect NOAA to provide a report within 30 days of 
     enactment of the accompanying Act on the status of 
     unobligated balances available under this program and a 
     proposal to restore amounts previously appropriated for this 
     program in order to complete this activity as soon as 
     possible.
       The conference agreement includes a total of $10,000,000 
     for NOAA's Coastal Services Center as requested in the budget 
     and provided by the Senate.
       Deep Ocean Isolation Study.--The conferees have been made 
     aware of an innovative deep ocean waste handling and disposal 
     system, featuring a patented tethered delivery technology, 
     that could identify an environmentally safe method of 
     subaqueous capping in isolated areas of the deepest ocean. 
     The conferees expect NOAA to evaluate this proposal, and to 
     develop a funding plan for an engineering analysis and 
     preliminary design work on systems to transport dredge soil 
     to a deposit site, transfer the material to a receiving 
     platform, and deploy the tethered delivery system to safely 
     conduct deep ocean waste isolation. The conferees expect NOAA 
     to provide a report on its evaluation of this proposal to the 
     House and Senate Committees on Appropriations and the 
     appropriate authorizing committees, including an estimate of 
     the cost to conduct an initial test of this new system, by 
     April 1, 1996.


                   national marine fisheries service

       The conference agreement includes a total of $281,642,000 
     for the National Marine Fisheries Service.
       Within the amounts provided in the above table for base 
     fisheries resource information programs, the conference 
     agreement includes funding at the fiscal year 1995 level for 
     conservation engineering, marine mammal research and 
     protected species research.
       The conferees are concerned that the operations of the 
     hatcheries funded in the NOAA Operations, Research and 
     Facilities (ORF) and Construction accounts be performed in a 
     manner to best support the Northwest Salmon plan. The 
     conferees further understand that the current designation of 
     use of the construction funds for screen diversions may be 
     overly restrictive. The conferees intend that some of these 
     Construction funds, not to exceed $3,500,000, may be 
     available for operations and maintenance provided that the 
     use of funds for such a purpose are subject to a 
     reprogramming notification under the general provisions of 
     this Act, and provided further that NOAA and the States can 
     demonstrate that such a use would maximize the implementation 
     of the Endangered Species Act requirements. The conferees 
     further stipulate that such a plan anticipate no more than 
     the fiscal year 1996 level of funding for these purposes in 
     subsequent years.
       Pursuant to the original intent of the Mitchell Act, it is 
     the intent of the conferees that the hatcheries rearing or 
     releasing fish at or below the Bonneville Dam include a 
     program in fiscal year 1996 to release fish above the dam to 
     rebuild upriver natural runs.
       Within the funding provided for the Marine Mammal 
     Protection Act, the conferees intend that NOAA provide 
     $1,500,000 for marine resource observers in the North 
     Pacific, $550,000 for harbor seal research by the State of 
     Alaska, $250,000 to the State of Alaska to assist in the 
     implementation of marine mammal take reduction plans in the 
     fisheries off Alaska, and $350,000 to be allocated to the 
     Alaska Eskimo Whaling Commission for the following purposes: 
     (1) scientific research; (2) International Whaling Commission 
     representation; and (3) implementation of the Alaska Eskimo 
     Whaling Commission and NOAA cooperative agreement. The 
     conferees also expect NOAA to complete a detailed cost-
     benefit analysis for the Atlantic and Gulf of Mexico menhaden 
     fisheries which may be re-classified from Category III to 
     either Category II or I before any final rule is implemented 
     regarding the incidental taking of marine mammals by 
     commercial fishermen as published in the Federal Register of 
     June 16, 1995.
       The conferees concur with the language included in the 
     Senate report regarding RECFIN and MARFIN programs. The 
     conferees also agree with the designations given in the 
     Senate report, within the total amounts available for NMFS, 
     for experimental bycatch research and funding for the Newport 
     Marine Science Center.
       The conferees have included funds for the implementation of 
     the Atlantic Coastal Fisheries Cooperative Management Act, 
     and strongly support the Atlantic States Marine Fisheries 
     Commission (ASMFC) actions to improve the management of 
     coastal fisheries. However, the conferees are concerned that 
     in several areas involving public participation, the ASMFC's 
     deliberative process has been inadequate. The conferees 
     expect ASMFC to specifically improve: (1) the public hearing 
     process; (2) the method by which the public is informed of 
     Commission activities; and (3) the effectiveness of ASMFC's 
     advisory committees in the fishery management process. 
     Finally, the conferees expect ASMFC to implement a process 
     for the peer review of fish population models upon which 
     fishery management decisions are based.
       Because the Endangered Species Act has not been 
     reauthorized since 1992, the conferees find it inappropriate 
     to fund the application of this law to new prelisting or 
     listing activities associated with threatened or endangered 
     species. These activities include designation of critical 
     habitat, review of petitions to list species and/or revise 
     critical habitat, or other activities the agency conducts as 
     part of its prelisting and listing actions, except for 
     activities associated with the development and/or 
     implementation of habitat conservation plans. The conference 
     agreement does, however, include funds for species currently 
     listed under the law in order to avoid disruption of ongoing 
     programs for these species as well as impacts on the 
     activities of private parties. Section 207 of the 
     accompanying Act also addresses the issue of ESA activities 
     to be conducted by NOAA within the amounts provided.
       The conferees concur with the House and Senate direction 
     regarding the NMFS Sea Turtle/Shrimp Fishery Emergency 
     Response Plan (ERP) except that it is the conferees' firm 
     intent that the peer review requirements and revisions 
     required by the House and Senate reports regarding the March 
     14, 1995 Emergency Response Plan shall also apply to the 
     November 14, 1994 Biological Opinion which led to the 
     Emergency Response Plan. The conferees expect NMFS and the 
     Department of Commerce not to implement any shrimp fishery 
     closures that may result from the March 14, 1995 ERP prior to 
     October 1, 1996.
       Any funding provided in this conference agreement for 
     endangered species recovery plan are not to be used by NOAA 
     for any sea turtle, shrimp fishery emergency response plan 
     activities or sea turtle protection and Kemp Ridley recovery 
     activities, except those activities, studies and recovery 
     actions specifically outlined in the House and Senate reports 
     and this statement of conferees. The increases provided for 
     these activities in this conference agreement are intended to 
     enhance salmon conservation efforts in the Pacific Northwest.
       The conferees endorse the House and Senate direction 
     regarding an independent survey and analysis of the red 
     snapper stock and red snapper management plan and expect 
     these to be conducted within the total 

[[Page H 13918]]
     amounts available for NMFS at the level provided in the Senate report. 
     However, since passage of the House and Senate appropriations 
     bills, the Commerce Department has approved an individual 
     transferable quota (ITQ) system for red snapper in the Gulf 
     of Mexico, despite recent House passage of authorizing 
     legislation prohibiting ITQs. The conferees direct the 
     Secretary of Commerce and the Administrator of NOAA not to 
     expend any funds to implement or enforce an ITQ system in the 
     Gulf of Mexico until the independent assessment and analysis 
     of red snapper stock is completed. The conferees also direct 
     the Secretary and the Administrator to immediately study the 
     feasibility of establishing a commercial bycatch season 
     allowing red snapper endorsed vessels to land restricted 
     catch of red snapper that will utilize an amount of fish 
     commensurate with current estimates of bycatch mortality 
     during the closed directed harvest season. This relief quota 
     for commercial harvesters should be evaluated and compared to 
     the quota averages attributed to the recreational fishery in 
     terms of its biological stock impact.
       The conferees expect NOAA to include as a priority under 
     the Saltonstall-Kennedy and MARFIN grant programs, proposals 
     for research and education efforts directed at the protection 
     of high-risk consumers from naturally occurring bacteria 
     associated with raw molluscan shellfish. Specifically, the 
     conferees expect these programs to support ongoing efforts by 
     the Interstate Shellfish Sanitation Conference and the Gulf 
     of Mexico Oyster industry in addressing concerns associated 
     with Vibrio vulnificus.
       The statement of the managers accompanying the fiscal year 
     1995 appropriation for NOAA included a designation of 
     $500,000 in Saltonstall-Kennedy funds for comprehensive 
     education program for at-risk consumers who consume raw 
     molluscan shellfish. The conferees expect NMFS to transfer 
     the remaining $250,000 of this amount to the Interstate 
     Shellfish Sanitation Conference (ISSC) to continue 
     implementation of the multi-year education program. The 
     conferees expect the ISSC to manage the program in order to 
     fully utilize its extensive network to ensure balanced 
     participation between Federal and state agencies, the oyster 
     industry and other affected parties in continuing this 
     education program.
       The conferees support the NMFS proposal to create an office 
     to address issues related to the marine recreational fishing 
     industry, within available resources. The conferees expect 
     NMFS, as co-chair of the National Recreational Fisheries 
     Coordination Council, to provide the expected guidance and 
     leadership in the effort to conserve, restore, and enhance 
     aquatic systems to provide for increased recreational fishing 
     opportunities nationwide.
       Within amounts provided for fisheries management programs, 
     the conferees expect NMFS to maintain a program for fisheries 
     trade promotion.


                    Oceanic and Atmospheric Research

       The conference agreement includes a total of $213,944,000 
     for Oceanic and Atmospheric Research activities.
       Interannual and seasonal climate research.--The conferees 
     have provided $65,500,000 for interannual and seasonal 
     climate research under the structure proposed by the House, 
     of which $575,500,000 is to continue the basic Climate and 
     Global Change program. The remaining $8,000,000 is to carry 
     out the base interannual and seasonal research programs.
       Marine prediction research.--The conference agreement 
     provided $10,226,000 for marine prediction research. Within 
     this amount, the conferees intend that Lake Champlain and 
     Southeast fisheries studies be funded according to the Senate 
     report.
       GLERL.--Within the $5,200,000 provided for the Great Lakes 
     Environmental Research Laboratory, the conferees expect NOAA 
     to continue to support the Great Lakes nearshore research and 
     GLERL zebra mussel research programs.
       Sea grant.--The conferees have included $53,300,000 for the 
     National Sea Grant program, and expect NOAA to continue to 
     fund oyster disease research, zebra mussel research and the 
     National Coastal Research and Development Institute within 
     these amounts. The conferees urge NOAA to fund proposals 
     related to the Vibrio vulnificus issue and the education of 
     at-risk consumers regarding raw molluscan shellfish.
       NURP.--The conferees have provided $12,000,000 for the 
     National Undersea Research Program, and direct that each NURP 
     center receive at least $1,560,000 of these funds. The 
     conferees direct that priority be given to the NURP centers 
     which have received the greatest reductions from rescissions 
     in the previous fiscal year in allocating excess funds after 
     each center has received the minimum $1,560,000.


                        National Weather Service

       The conference agreement includes a total of $606,045,000 
     for the National Weather Service.
       The amount provided includes $405,300,000 for local 
     warnings and forecasts, including the staffing related to the 
     modernization of the weather service, data buoy maintenance, 
     Pacific and Alaska regional headquarters, and specialized 
     weather services.
       The conferees expect that any reductions required within 
     the amounts provided in this conference agreement be applied 
     first to staffing levels at NWS central headquarters. 
     Further, the conferees concur with language included in the 
     House report regarding notification prior to NWS office 
     closures.
       While the conference agreement assumes the privatization of 
     specialized weather services, the conferees recognized that 
     it may be necessary, within the funds available, for the 
     National Weather Service to continue to provide agricultural 
     weather, fruit frost, and fire related services for a limited 
     time in areas where private sector entities are not yet 
     available to provide these services. The conferees expect 
     NOAA to submit a report by April 30, 1996, on the status of 
     these privatization proposals. The conferees expect NWS to 
     continue the marine facsimile weather service program within 
     funds provided under local warnings and forecasts.


     National Environmental Satellite, Data and Information Service

       The conference agreement includes $471,536,000 for NOAA's 
     satellite and data management programs.
       The conferees have included $10,000,000 for NOAA's 
     participation in the LANDSAT program. The conferees are 
     concerned that NOAA's participation in this program will take 
     critical funding away from operational satellites crucial to 
     the National Weather Service. The conferees encourage NOAA to 
     continue to work with other Federal agencies participating 
     the LANDSAT program to obtain funds for operating LANDSAT 
     ground systems. Should other funding be obtained, the 
     conferees would consider a proposal to reprogram these funds 
     toward other NOAA satellite requirements. The conferees 
     expect these funds not to be obligated prior to enactment of 
     authorization legislation endorsing NOAA's participation in 
     this program.
       The conference agreement includes $29,865,000 for data 
     management systems within with amount provided for NESDIS. 
     The conferees have provided an increase in this account to 
     support initiatives aimed at converting NOAA's aging paper 
     and microfilm records into intelligent data formats.
       The conferees recognize that, in general, the most cost-
     effective means of procurement is open competition. While 
     there has been discussion within NOAA of providing a sole 
     source procurement for the next buy of Geostationary 
     Operational Environmental Stationary (GOES) satellites, the 
     conferees believe that this procurement should be subject to 
     competition and a fixed price contract, if practicable. The 
     conferees are in agreement that the next buy of GOES 
     satellites should be for ``clones'' of the current GOES I-M 
     satellites (or ``GOES-NEXT''), requiring no new sensors or 
     any other change calling for additional research and 
     development. The goals for the GOES program should be to 
     provide continuity in coverage and to reduce unit costs.


                            Program Support

       The conference agreement provides $132,459,000 for NOAA 
     program support.
       Marine services.--The conference agreement includes 
     $61,100,000 for marine services. The conferees expect funds 
     made available under this account and the NOAA Fleet 
     Modernization account, including prior year carryover funds, 
     for mapping, charting, and geodesy services to be used to 
     acquire such services through contracts entered into with 
     qualified private sector contractors. The conferees expect 
     that contracts for hydrographic, geodetic, and 
     photogrammetric surveying and mapping services shall be 
     awarded in accordance with title IX of the Federal Property 
     and Administrative Services Act of 1949 (40 U.S.C. 541 et 
     seq.), as proposed in the House report. Further, the 
     conferees intend that no funds provided under this account, 
     in this Act or in any prior year appropriation, be used to 
     procure equipment that replaces or modernizes NOAA's in-house 
     measurement capabilities when similar services may be 
     obtained by contract through the private sector. The 
     conferees believe that it is inappropriate for NOAA to use 
     its limited resources to acquire specialized equipment for 
     the NOAA fleet, considering the uncertainty of the future of 
     the fleet as well as the availability of such equipment among 
     potential private sector contractors for mapping and charting 
     activities.


                      Coastal zone management fund

       The conference agreement includes an appropriation of 
     $7,800,000, as provided in both the House and Senate bills, 
     from the Coastal Zone Management Fund for the purposes 
     designated by the Senate. The conferees intend that amounts 
     provided will be available as follows: $4,000,000 for program 
     administration, $500,000 for State development grants, and 
     $3,300,000 for the National Estuarine Research Reserve 
     Program. The conferees have provided an additional $1,000,000 
     in direct appropriations under the NOAA Operations, Research, 
     and Facilities account for the National Estuarine Research 
     Reserve Program.


                              Construction

       The conference agreement includes a total of $50,000,000 
     for the NOAA Construction account as proposed by the Senate 
     instead of $42,731,000 as proposed by the House. The 
     conferees have provided these funds for the purposes 
     described in the following paragraphs.
       The conference agreement includes funding for the National 
     Centers for Environmental Prediction, as proposed in both the 
     House and Senate reports. The conferees have provided 
     $3,700,000 for general facilities maintenance, $1,500,000 for 
     the Sandy Hook lease, $2,000,000 for environmental 
     compliance, $2,000,000 for above-standard costs at the 
     Boulder laboratory, and $1,800,000 for NOAA research 
     facilities.
       The conferees have included a total of $19,300,000 for 
     NEXRAD weather office construction and maintenance.

[[Page H 13919]]

       The conferees have included $4,700,000 for Columbia River 
     facilities in accordance with the language included under the 
     National Marine Fisheries Service (NMFS) addressed in the 
     Operations, Research and Facilities account.
       The conference agreement includes funds for NMFS Honolulu 
     laboratory renovations and the Newport Science Center 
     architectural and engineering studies in accordance with the 
     Senate report. The conferees have provided $3,000,000 for the 
     NMFS Southeast laboratory.
       As provided by both the House and Senate, the conferees 
     have included $10,000,000 for Pribilof Island cleanup. In 
     addition to direction given in both the House and Senate 
     reports, the conferees expect NOAA to use a portion of these 
     funds to stabilize to an appropriate building condition the 
     historic seal processing plant located on the island of Saint 
     George.
       The conferees are aware of current shortfalls that exist at 
     the NMFS Tiburon Lab. The conferees expect the NOAA 
     Administrator to prepare a plan of action outlining the most 
     cost-effective approach to address these shortfalls in order 
     to maintain the current research mission. This plan should be 
     submitted to the House and Senate Committees on 
     Appropriations by March 15, 1996. Funds provided in prior 
     years for the Tiburon replacement are made available for this 
     planning effort.


            fleet modernization, shipbuilding and conversion

       The conference agreement includes $8,000,000 for the NOAA 
     Fleet Modernization account, as provided in both the House 
     and Senate bills, and language identical to that included in 
     the House bill. In addition, the conference agreement retains 
     language included in section 612 of the House and Senate 
     bills further clarifying the uses of these funds.


           fishing vessels and gear damage compensation fund

       The conference agreement includes $1,032,000 for an 
     appropriation to the Fishing Vessel and Gear Damage Fund as 
     provided in both the House and Senate versions of the bill.


                      fishermen's contingency fund

       The conference agreement includes $999,000 for the 
     Fishermen's Contingency Fund, as provided in both the House 
     and Senate versions of the bill.


                     foreign fishing observer fund

       The conference agreement includes $196,000 for the expenses 
     related to the Foreign Fishing Observer Fund, as provided in 
     both the House and Senate versions of the bill.


                 fishing vessel obligations guarantees

       The conference agreement provides $250,000 in subsidy 
     amounts for Fishing Vessel Obligations Guarantees as proposed 
     by the Senate. The House bill contained no similar provision. 
     In addition, the conference agreement makes a technical 
     language change to clarify that no loans may be made to 
     purchase any new vessel that would increase the harvesting 
     capacity of any U.S. fishery.

                       Technology Administration

       Under Secretary for Technology/Office of Technology Policy


                         salaries and expenses

       The conference agreement includes $5,000,000 for the 
     Technology Administration as provided in both the House and 
     Senate versions of the bill. The conferees concur with 
     language included in the House report regarding this account.


                         general administration

                         salaries and expenses

       The conference agreement includes $29,100,000 for the 
     general administration of the Commerce Department as provided 
     in both the House and Senate versions of the bill.

                      Office of Inspector General

       The conference agreement includes $19,849,000 for the 
     Commerce Department Inspector General as proposed by the 
     Senate instead of $21,849,000 as proposed by the House.


                Commerce Reorganization Transition Fund

       The conference agreement does not include an appropriation 
     of $20,000,000 for a new Commerce Reorganization Transition 
     Fund as proposed by the Senate. The House bill contained no 
     similar provision. The conference agreement includes a new 
     general provision (section 210) requiring that any costs 
     resulting from reorganization or consolidations be absorbed 
     within the total budget authority available to the 
     Department.

             National Institute of Standards and Technology


                  construction of research facilities

                              (rescission)

       The conference agreement includes a rescission of 
     $75,000,000 from the NIST Construction account under title II 
     of the Act instead of a rescission of $152,993,000 from 
     projected end-of-year carryover balances as proposed by the 
     Senate in title VII of the Act. The House bill contained no 
     similar rescission. This rescission of $75,000,000 reduces 
     the carryover appropriation under this account to 
     $19,000,000. Uses of the remaining funds are addressed in the 
     description of the fiscal year 1996 appropriation under this 
     account.

                         Department of Commerce


                           general provisions

       The conference agreement includes the following general 
     provisions for the Department of Commerce:
       Section 201.--The conference agreement includes section 
     201, identical in both versions of the bill, regarding 
     certifications of advanced payments.
       Sec. 202.--The conference agreement includes section 202, 
     identical in both versions of the bill, allowing funds to be 
     used for hire of passenger motor vehicles.
       Sec. 203.--The conference agreement includes section 203, 
     identical in both bills, prohibiting reimbursement to the Air 
     Force for hurricane reconnaissance planes.
       Sec. 204.--The conference agreement includes section 204, 
     identical in both the House and Senate versions of the bill, 
     prohibiting funds from being used to reimburse the 
     Unemployment Trust Fund for temporary census workers.
       Sec. 205.--The conference agreement includes section 205, 
     identical in both the House and Senate versions of the bill, 
     regarding transfer authority between Commerce Department 
     appropriation accounts.
       Sec. 206.--The conference agreement includes a new section 
     206 providing for the notification of the House and Senate 
     Committees on Appropriations of a plan for transferring funds 
     to appropriate successor organizations within 90 days of 
     enactment of any legislation dismantling or reorganizing the 
     Department of Commerce, should such legislation be enacted. 
     This section also includes language allowing the Secretary of 
     Commerce or the appropriate head of any successor 
     organization to use available funds to cover the costs of 
     actions relating to the abolishment, reorganization, or 
     transfer of functions and to transfer funds between 
     appropriations accounts in order to cover these costs, should 
     such actions be necessary.
       The Senate bill included under section 206 language 
     entitled ``Consolidation of Functions of Commerce 
     Department`` which: (1) provided broad authority to the 
     Director of the Office of Management and Budget (OMB) to 
     abolish, reorganize, consolidate or transfer functions within 
     the Department of Commerce in accordance with the provisions 
     of the Senate bill, to terminate or transfer associated 
     personnel as considered appropriate by OMB; (2) authorized 
     employee buyouts through December 15, 1995; and (3) 
     established a Commerce Reorganization Transition fund to 
     cover the costs of consolidation and employee buyouts. The 
     House bill contained no provision on this matter.
       The conferees have included new language for section 206 in 
     order to conform the actions taken in this Act to any 
     subsequently enacted legislation dismantling or reorganizing 
     the Department of Commerce.
       The conference agreement does not include the language 
     under section 207 as proposed by the Senate, requiring the 
     Secretary of Commerce to conduct a study of the Doppler 
     weather surveillance radar to assess the impact on property 
     owners in the immediate area of the radar sites, as well as 
     the costs of relocating these radars. However, the conferees 
     expect the National Oceanic and Atmospheric Administration, 
     upon enactment of an authorization and to the extend funds 
     are available, to identify an alternative site for the 
     relocation of the NEXRAD radar tower presently located at 
     Sulphur Mountain in Ventura County, California.
       Sec. 207.--The conference agreement includes section 207 
     requiring that no funds provided in this Act, or under any 
     other law, be used to implement certain subsections of the 
     Endangered Species Act until reauthorizing legislation is 
     enacted. This language is identical to that included in the 
     Senate bill as section 208. The House bill contained no 
     similar provision. This language prohibits the Secretary of 
     Commerce, through the National Marine Fisheries Service 
     (NMFS), from proposing the listing of new species under the 
     Endangered Species Act, designation of critical habitat, or 
     final listing determinations, pending reauthorization of that 
     Act. NMFS may use funds for delisting, or for the 
     reclassification of a species from endangered to threatened, 
     and funds may be used for prelisting conservation and other 
     activities that will help prevent future listings of species, 
     and implementation of section 4(d) rules.
       Sec. 208.--The conference agreement includes section 208, 
     included in the Senate bill under section 209, allowing the 
     transfer of title of a project in Hilinex, Vermont, 
     originally funded under the Economic Development 
     Administration. The House bill contained no similar 
     provision.
       Sec. 209.--The conference agreement includes section 209, 
     included in the Senate bill as section 210, providing for the 
     demolition of structures, environmental cleanup and 
     conveyance of land by the Economic Development Administration 
     to the Tuscaloosa (AL) County Industrial Development 
     Authority. The House bill contained no similar provision.
       Sec. 210.--The conference agreement includes a new section 
     210, not included in either bill, requiring that any costs 
     related to personnel actions incurred by a Department or 
     agency funded in title II of the accompanying Act as a result 
     of funding levels provided in this Act, be absorbed within 
     the total budgetary resources available to such Department or 
     agency.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States


                         Salaries and Expenses

       The conference agreement includes $25,834,000 for the 
     salaries and expenses of the Supreme Court as provided in 
     both the House and Senate bills.

[[Page H 13920]]



                   Care of the buildings and grounds

       The conference agreement includes $3,313,000 for the 
     Supreme Court Care of the Buildings and Grounds account, as 
     provided in both the House and Senate bills. The conference 
     agreement also provides that $500,000 of the amount 
     appropriated shall be available until expended as proposed by 
     the House, instead of $565,000 as proposed by the Senate.

         United States Court of Appeals for the Federal Circuit


                         Salaries and Expenses

       The conference agreement includes $14,288,000 for the U.S. 
     Court of Appeals for the Federal Circuit as proposed by the 
     Senate, instead of $14,070,000 as proposed by the House. The 
     conferees have provided the higher amount to fund additional 
     court security officers requested by the Court.

               United States Court of International Trade


                         salaries and expenses

       The conference agreement includes $10,859,000 for the U.S. 
     Court of International Trade as provided in both the House 
     and Senate bills.

    Courts of Appeals, District Courts, and Other Judicial Services


                         Salaries and Expenses

       The conferees have provided $2,433,141,000 for the salaries 
     and expenses of the Federal Judiciary, instead of 
     $2,409,024,000 as proposed by the House and $2,446,194,665 as 
     proposed by the Senate. Including amounts provided under the 
     Violent Crime Reduction Trust Fund, addressed below, the 
     total amount available in this conference agreement for the 
     salaries and expenses of the courts is $2,463,141,000 rather 
     than $2,450,524,000 as proposed by the House and 
     $2,476,194,665 as proposed by the Senate.
       Within the overall funding available for fiscal year 1996, 
     the conferees expect the Judiciary to fund its highest 
     program priorities, including additional magistrate judges to 
     eliminate existing backlogs in caseloads.
       The conference agreement also appropriates $2,318,000 from 
     the Vaccine Injury Compensation Trust Fund for expenses 
     associated with the National Childhood Vaccine Injury Act of 
     1986, as provided in both the House and Senate bills.
       Optimal utilization of judicial resources.--The conferees 
     are concerned about the ability to sustain the current 
     appropriations level for the Judicial Branch in the context 
     of the need to balance the budget and reduce the deficit. The 
     conferees want to ensure that the Judiciary maintains its 
     current high standards for the delivery of justice in our 
     courts and the public's confidence in the court system. 
     Particularly in this time of budgetary constraints, this must 
     be done in the most cost-effective way possible.
       In order to provide the Congress with the means to better 
     evaluate the operations of the courts, the conferees expect 
     the Judicial Conference to continue its effort to identify 
     ways to make the courts more efficient and less costly. As 
     part of this effort, the conferees request that the Judiciary 
     undertake a review, to be performed by an independent, 
     nonpartisan, professional organization outside the Judiciary, 
     but with the complete cooperation and support of the 
     Judiciary. A report of its finding should be submitted by no 
     later than November 30, 1996, with an interim report on the 
     findings to be submitted by April 1, 1996. While the report 
     may address possible improvements in any aspect of the 
     Judiciary and its functions, the conferees expect the report 
     to emphasize the following:
       The extent to which the current judicial workload 
     corresponds to the distribution of judicial resources.
       The extent to which underutilized court facilities could be 
     closed, or the sharing of courtroom space expanded, without 
     appreciably affecting the delivery of justice, and the 
     potential for savings in space costs that could be realized.
       The extent to which the use of contract services might be 
     substituted for non-judge employees in the courts and what, 
     if any, savings could be realized.
       The extent to which savings and efficiencies can be 
     realized through enhanced use of automation and other high 
     technology initiatives.
       Violent crime reduction trust fund.--The conference 
     agreement includes an appropriation of $30,000,000 from the 
     Violent Crime Reduction Trust Fund, the same amount provided 
     in the Senate bill. The House bill included an appropriation 
     of $41,500,000 from the Violent Crime Reduction Trust Fund 
     for the Judiciary. The conferees intend that these funds be 
     used to offset workload requirements of the Federal Judiciary 
     related to the Violent Crime Control and Law Enforcement Act 
     of 1994 and any increased workload requirements related to 
     title VIII of this Act.


                           defender services

       The conferees have included $267,217,000 for the Federal 
     Judiciary's Defender Services account, instead of 
     $260,000,000 as proposed by the House and $274,433,000 as 
     proposed by the Senate. The amount provided is for the 
     operation of Federal public defender and community defender 
     organizations and the compensation, reimbursement, and 
     expenses of attorneys appointed to represent persons under 
     the Criminal Justice Act, as amended.
       The conference agreement also includes language proposed by 
     the Senate establishing April 1, 1996 as the date by which no 
     funds provided under this account may be expended for Death 
     Penalty Resource Centers (Post-Conviction Defender 
     Organizations). The House bill included no specific date, but 
     would have terminated these centers upon enactment of this 
     Act. The conferees agree that establishing April 1, 1996 as 
     the termination date will allow for a more orderly and 
     efficient close-out of this program.
       The conferees recognize the concerns expressed by the 
     Judiciary that the cost of panel attorney representation in 
     Federal capital habeas cases be kept to an appropriate level. 
     Therefore, the conferees expect the Judiciary to initiate a 
     study of approaches to reducing panel attorney costs and the 
     feasibility of conducting a pilot project to assess flat-fee 
     contracts as one such approach. The conferees expect a report 
     on the results of this study to be submitted to the 
     Committees on Appropriations of the House and the Senate 
     within one year of enactment of this Act.


                    fees of jurors and commissioners

       The conference agreement includes $59,028,000 for Fees of 
     Jurors and Commissioners as provided in both the House and 
     Senate bills.


                             Court Security

       The conference agreement includes $102,000,000 for the 
     Federal Judiciary's Court Security account as proposed by the 
     Senate instead of $109,724,000 as proposed by the House.

           Administrative Office of the United States Courts


                         salaries and expenses

       The conference agreement includes $47,500,000 for the 
     Administrative Office of the United States Courts as provided 
     in both the House and Senate bills.

                        Federal Judicial Center


                         Salaries and Expenses

       The conference agreement includes $17,914,000 for the 
     fiscal year 1996 salaries and expenses of the Federal 
     Judicial Center instead of $18,828,000 as proposed by the 
     House and $17,000,000 as proposed by the Senate. The 
     conferees agree that education and training functions 
     performed by the Center should be maintained at current 
     levels.

                       Judicial Retirement Funds


                  Payment to the Judiciary Trust Funds

       The conference agreement includes $32,900,000 for payment 
     to the various Judicial retirement funds as provided in both 
     the House and Senate bills.

                  United States Sentencing Commission


                         Salaries and Expenses

       The conferees have included $8,500,000 for the U.S. 
     Sentencing Commission as provided in both the House and 
     Senate bills.

                             The Judiciary


                           General Provisions

       Section 301.--The conference agreement includes section 301 
     as provided in both the House and Senate bills allowing 
     appropriations to be used for services as authorized by 5 
     U.S.C. 3109.
       Sec. 302.--The conference agreement includes section 302 as 
     provided in both the House and Senate bills which allows 
     appropriations to be available to the Special Court 
     established under the Regional Rail Reorganization Act of 
     1973.
       Sec. 303.--The conference agreement includes section 303, 
     included in both the House and Senate bills, providing the 
     Judiciary with the authority to transfer funds between 
     appropriations accounts. The conference agreement also 
     includes new language exempting the Judiciary's Defender 
     Services account from the 10 percent increase ceiling set by 
     this provision. The conferees have included this exemption 
     because of concerns expressed by the Federal Judiciary that 
     the total requirements for the Defender Services account will 
     exceed $295,000,000. Because the demands for Federal defender 
     services fluctuate, the conferees have included this 
     provision which will allow additional funds to be transferred 
     to this account from other budgetary resources available to 
     the Judiciary, should additional resources be required, 
     subject to the reprogramming guidelines set forth in section 
     605 of this Act.
       Sec. 304.--The conference agreement includes section 304, 
     identical in both the House and Senate versions of the bill, 
     allowing up to $10,000 of salaries and expenses funds 
     provided in this title to be used for official reception 
     representation expenses of the Judicial Conference of the 
     United States.
       Sec. 305.--The conference agreement deletes section 306 as 
     proposed by the Senate, which would have required (1) that 
     judicial circuit conferences or meetings authorized under 
     section 333 of title 28, United States Code, be held within 
     the geographic boundaries of the court over which the chief 
     judge presides, and (2) that no circuit would receive more 
     than $100,000 for such conferences. The House bill contained 
     no similar provision. The conferees strongly agree that the 
     Judiciary should make every effort to hold down the cost of 
     judicial circuit conferences, including the use of new 
     communications technologies such as video teleconferencing.
       The conference agreement includes a new section 305, 
     similar to section 306 included in the Senate bill, revising 
     section 333 of title 28 of the United States Code to make the 
     holding of judicial conferences optional and to make 
     attendance by judges at these conferences discretionary. 
     Section 306 of the Senate bill included these provisions, as 
     well as a sense of the Senate that the Federal Judiciary 
     should use new communications 

[[Page H 13921]]
     technologies to conduct judicial conferences and a provision making 
     this section applicable only to contracts entered into after 
     the date of enactment of this Act. The House bill contained 
     no similar provision.
       The conference agreement deletes section 308 regarding the 
     National Fine Center, as proposed by the Senate. The House 
     bill contained no provision on this matter. The conferees 
     understand that the Administrative Office of the U.S. Courts 
     has committed to conducting a time-out and review of the 
     National Fine Center program. The conferees expect the 
     Administrative Office to submit to the Committees on 
     Appropriations of the House and the Senate a report on the 
     results of this independent review by March 1, 1996.

           TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES

                          Department of State


                   administration of foreign affairs

                    diplomatic and consular programs

       The conference agreement includes a total of $1,719,220,000 
     for Diplomatic and Consular Programs, instead of 
     $1,727,298,000 as proposed by the House, and $1,698,220,000 
     as proposed by the Senate. The conference agreement includes 
     $9,720,000 for security enhancement and $700,000 to be 
     derived from registration fees, as proposed in both the House 
     and Senate bills.
       The conference agreement includes language that allows, 
     through April 1, 1996, continued collection of Machine 
     Readable Visa (MRV) fees as an offsetting collection for the 
     cost of consular services. The Senate bill provided this 
     authority for the full fiscal year, and the House bill 
     contained no similar provision. The conference agreement also 
     allows MRV fees to be collected from North American Free 
     Trade Agreement countries during the same time period, which 
     was not proposed in either bill, consistent with the pending 
     House and Senate foreign affairs authorization bills.
       The conference agreement also provides $24,856,000 from 
     within this account for the Diplomatic Telecommunications 
     Service, as proposed by the House and the Senate. The 
     conference agreement modifies the language to make the funds 
     available until expended, and to allow $7,544,000 of 
     enhancement funds to be expended prior to submission of the 
     pilot project report. Both the House and Senate bills 
     withheld all enhancement funds until submission of the 
     report.
       The conference agreement also includes language relating to 
     fees from the operation of the International Center and the 
     use of Blair House facilities, and allowing transfers between 
     the Diplomatic and Consular Programs and the Salaries and 
     Expenses accounts, as proposed by both the House and Senate.
       The conference agreement also includes language that was 
     included in both the House and Senate bills requiring that in 
     fiscal year 1997, a system be in place that allocates to each 
     department and agency the full cost of its presence outside 
     the United States. To carry out this provision, the conferees 
     direct the Office of Management and Budget to ensure that in 
     the President's budget requests for fiscal year 1997, the 
     full cost of each Federal agency's overseas presence is 
     clearly reflected within its budget request to Congress.
       The conference agreement deletes language included by the 
     Senate, requiring the State Department to report to the 
     President and the Congress on potential cost savings 
     generated by extending foreign service officer tours of duty 
     in nations that require two-year language study programs. The 
     conferees note that some overseas missions, such as those in 
     China and Japan, require language preparation and extended 
     tours in such countries may be justified. Longer tours may 
     yield significant savings and improve personnel management. 
     Accordingly, the Department of State is directed to conduct 
     the study called for in the Senate bill and to submit the 
     study to the House and Senate Committees on Appropriations 
     not later than May 15, 1996.
       The conferees agree that the language in both the House and 
     Senate reports under this heading is to be followed in 
     expending fiscal year 1996 funds. The continuations noted in 
     the House report can be provided through either a grant or 
     contract mechanism.
       The conferees believe that U.S. economic and commercial 
     interests are an integral component of our diplomatic 
     relations, and in many overseas diplomatic posts, the 
     cornerstone of our bilateral and multilateral relationships. 
     It is critical that these interests be actively promoted at 
     the highest level. The conferees note that while foreign 
     service officers from other non-State Department agencies 
     have been elevated to ambassadorial rank, no senior officer 
     from the U.S. and Foreign Commercial Service (US&FCS) has 
     been selected as an ambassador. The conferees believe that 
     senior officers of the US&FCS have the understanding and 
     skills necessary to effectively represent U.S. interests at 
     the highest level, particularly in posts of strategic 
     commercial interest to the United States. Therefore, the 
     conferees expect the Administration to nominate at least one 
     senior officer of the US&FCS to ambassadorial rank as soon as 
     possible.


                         salaries and expenses

       The conference agreement includes a total of $365,146,000 
     for Salaries and Expenses, as proposed by the House, instead 
     of $369,870,000 as proposed by the Senate. The conference 
     agreement includes $1,870,000 for security enhancements, as 
     proposed by both the House and the Senate.


             Foreign affairs reorganization transition fund

       The conference agreement does not include $5,000,000 for 
     the Foreign Affairs Reorganization Transition Fund, as 
     proposed by the Senate. The disposition of the Fund is 
     discussed under section 404.


                        capital investment fund

       The conference agreement includes $16,400,000 for the 
     Capital Investment Fund, as proposed by both the House and 
     the Senate.

                      Office of Inspector General

       The conference agreement includes $27,369,000 for the 
     combined State and United States Information Agency Inspector 
     General, instead of $27,669,000 for the combined office, as 
     proposed by the House, and $24,350,000 for the combined 
     office, as proposed by the Senate. The conference agreement 
     includes new language exempting the Inspector General from 
     the existing requirement to inspect all posts every five 
     years. This language is intended to result in budget savings 
     that will help the Office carry out its mission within the 
     funding level provided in the conference agreement.
       Upon enactment of this legislation, the Inspector General 
     of the Department of State will have responsibility for 
     preparing semi-annual reports for three separate 
     organizations--the Department of State, the Arms Control and 
     Disarmament Agency, and the United States Information 
     Agency--and international broadcasting programs. The 
     Inspector General should consult with the House Committee on 
     Government Reform and Oversight, the Senate Governmental 
     Affairs Committee, and the House and Senate Committees on 
     Appropriations on the format and content of the Inspector 
     General's semi-annual report prior to submitting that report 
     to Congress. This consolidated report will comply with the 
     Inspector General Act of 1978, as amended, and will allow the 
     State Department Inspector General to achieve cost savings 
     and efficiencies in the preparation of these reports.


                       representation allowances

       The conference agreement includes $4,500,000 for 
     Representation Allowances, as proposed by the Senate, instead 
     of $4,780,000 as proposed by the House.


              protection of foreign missions and officials

       The conference agreement includes $8,579,000 for Protection 
     of Foreign Missions and Officials, as proposed by both the 
     House and the Senate.


           security and maintenance of united states missions

       The conference agreement includes $385,760,000 for this 
     account, instead of $391,760,000, as proposed by the House, 
     and $369,860,000, as proposed by the Senate.
       The conferees have agreed to rename this account from 
     ``Acquisition and Maintenance of Buildings Abroad'' to 
     ``Security and Maintenance of United States Missions''. The 
     conferees believe this name more accurately reflects the 
     activities funded by this account, which are primarily 
     related to the management of over $10,000,000,000 of U.S. 
     Government real property located overseas and used in 
     carrying out the mission not only of the Department of State, 
     but of the approximately 35 Departments and agencies that 
     carry out programs overseas, including the Department of 
     Justice, the Department of Treasury, and the Department of 
     Defense, to name just a few. These properties include housing 
     for all U.S. Government employees overseas, both U.S. owned 
     and leased. Substantial funds are expended for security 
     upgrades, providing security on all construction projects, 
     and for assuring the safety of U.S. Government employees and 
     their families at their workplace and in their living 
     quarters.
       Of the recommended funds, $369,800,000 are required to 
     maintain current activities. The additional $15,900,000 may 
     be used to address the backlog in maintenance projects 
     estimated in excess of $400,000,000. No funding for any new 
     construction projects is provided.
       Under title VII of the bill, the conferees have inclued a 
     rescission of $60,000,000 from carryover balances in this 
     account.
       The Department's ability to address housing and facility 
     needs in the least costly manner possible is potentially 
     limited by the current inability to use lease-purchase 
     agreements. As called for in the House report, the Department 
     is expected to report back on the benefits of the lease-
     purchase option in managing overseas property needs. Within 
     funds appropriated under this account or carryover from any 
     source, the conferees expect that $3,500,000 will be made 
     available for architectural and engineering plans associated 
     with a consolidated chancery complex in Kingston. These 
     operations are currently housed in five leased facilities. 
     The conferees believe that consolidation of existing U.S. 
     Government owned property should result in lower operating 
     costs. On-site housing should yield additional savings of up 
     to $2,000,000 per year in residential security. The plans 
     should be compatible with either a standard construction or 
     with a lease-purchase option. The Department should report to 
     the Committee on Appropriations on the relative costs and 
     benefits of these two options by March 1, 1996.


           emergencies in the diplomatic and consular service

       The conference agreement includes $6,000,000 for 
     Emergencies in the Diplomatic 

[[Page H 13922]]
     and Consular Service account, as provided in both the House and Senate 
     bills.


                   repatriation loans program account

       The conference agreement includes a total appropriation of 
     $776,000 for the Repatriation Loans Program Account, as 
     provided in both the House and Senate bills.


              payment to the american institute in taiwan

       The conference agreement includes $15,165,000 for the 
     Payment to the American Institute in Taiwan account, as 
     provided in both the House and Senate bills.


     payment to the foreign service retirement and disability fund

       The conference agreement includes $125,402,000 for the 
     Payment to the Foreign Service Retirement and Disability Fund 
     account, as provided in both the House and Senate bills.

              International Organizations and Conferences


              contributions to international organizations

       The conference agreement includes $700,000,000 for 
     Contributions to International Organizations to pay the costs 
     assessed to the United States for membership in fifty 
     international organizations, compared to $858,000,000, as 
     provided in the House bill, and $550,000,000, as provided in 
     the Senate bill.
       The conference agreement does not include language proposed 
     in the Senate bill to permit funding for the International 
     Labor Organization. The House bill had no similar provision. 
     Funding for the International Labor Organization will be 
     decided by the Administration as part of its overall 
     allocation of funds.
       The conference agreement includes language contained in 
     both the House and Senate bills regarding withholding of 20 
     percent of the contribution to the United Nations until a 
     certification is made relating to the establishment of an 
     independent Office of Inspector General at the United 
     Nations, a prohibition on use of funds for interest payments, 
     and limiting the payment of arrearages to uses agreed upon by 
     the United States and the respective international 
     organizations.
       The conferees are agreed that no funds are provided for 
     assessments to be paid to the United Nations International 
     Development Organization.
       The conferees have agreed, with respect to the 
     Interparliamentary Union (IPU), that no funds should be 
     provided until the IPU adjusts the schedule of IPU meetings 
     to accommodate U.S. participation, and until the IPU reverses 
     its decision to increase the U.S. assessment level from 12.8 
     percent to 15 percent. In so doing, the IPU should make such 
     adjustments as necessary to ensure that the U.S. is not held 
     accountable for any arrearage resulting from the 
     aforementioned increase. In addition, funds should be 
     provided on the condition that measurable steps are taken to 
     reduce the budget and expenses of IPU. The final decision 
     whether or not to provide funds for continued U.S. membership 
     in IPU should be made by the Speaker of the House and the 
     President Pro Tempore of the Senate, in consultation with the 
     President and Vice President of the U.S. Group of the IPU.
       Funding for the U.S. assessment for the Chemical Weapons 
     Convention, should be ratified by the U.S., is to be 
     considered under this account, as provided in the House 
     report.
       Allocation of the funds included in the conference 
     agreement is to be made in conjunction with an assessment of 
     the importance of the fifty international organizations to 
     the national interest of the United States. The Department is 
     expected to report the results of its review of these 
     organizations to the Appropriations Committees no later than 
     January 30, 1996.


        contributions for international peacekeeping activities

       The conference agreement provides $225,000,000 for 
     Contributions for International Peacekeeping Activities, as 
     proposed by the Senate, instead of $425,000,000 as proposed 
     by the House. The overall conference 602(b) allocation of 
     funds to the Subcommittee was not sufficient to permit 
     funding at any other level.
       The conference agreement includes language included in both 
     the House and Senate bills requiring a 15 day advance notice 
     of votes in the United Nations Security Council for new or 
     expanded peacekeeping missions and requiring a certification 
     that American businesses are being given equal procurement 
     opportunities.


              International Conferences and Contingencies

       The conference agreement includes $3,000,000 for 
     International Conferences and Contingencies, as provided in 
     both the House and Senate bills.


                       International Commissions

 International Boundary and Water Commission, United States and Mexico

                         Salaries and Expenses

       The conference agreement includes $12,058,000 for Salaries 
     and Expenses of the International Boundary and Water 
     Commission (IBWC), instead of $12,358,00 as proposed by the 
     House and $11,500,000 as proposed by the Senate.


                              Construction

       The conference agreement includes $6,644,000 for the 
     Construction account of the IBWC, as proposed by the House, 
     instead of $8,000,000, as proposed by the Senate.
       The conferees note that both House and Senate reports 
     contain identical language calling on the IBWC to fulfill its 
     existing agreements to reimburse local governments and to 
     provide a report within 60 days of enactment of this 
     legislation.


              American Sections, International Commissions

       The conference agreement includes $5,800,000 for the U.S. 
     share of expenses of the International Boundary Commission, 
     the International Joint Commission, United States and Canada, 
     and the Border Environment Cooperation Commission, as 
     provided in both the House and Senate bills.


                  International Fisheries Commissions

       The conference agreement includes $14,669,000 for the U.S. 
     share of the expenses of the International Fisheries 
     Commissions and related activities, as proposed by the House, 
     instead of $15,119,000, as proposed by the Senate. Allocation 
     of funds is to be made as provided in the House report.

                                 Other


                     Payment to the Asia Foundation

       The conference agreement includes $5,000,000 for the 
     Payment to the Asia Foundation account, instead of 
     $10,000,000, as proposed by the House and no funding, as 
     proposed by the Senate.

                            Related Agencies

                  Arms Control and Disarmament Agency


                Arms Control and Disarmament Activities

       The conference agreement includes $35,700,000 for the Arms 
     Control and Disarmament Agency (ACDA), instead of $40,000,000 
     as proposed by the House and $22,700,000, as proposed by the 
     Senate. To the maximum extent possible, reductions should be 
     taken from administrative functions, rather than from 
     programmatic staff involved in technical aspects of ACDA's 
     activities, including monitoring functions. The conferees 
     note that ACDA also has the option of seeking to change the 
     status of its considerable number of detailees from other 
     agencies from a reimbursable to a nonreimbursable status.

                    United States Information Agency


                         salaries and expenses

       The conference agreement includes $445,645,000 for Salaries 
     and Expenses of the United States Information Agency (USIA), 
     as proposed by the House, instead of $429,000,000, as 
     proposed by the Senate. All other bill language, which is 
     identical in the House and Senate bills, is included in the 
     conference agreement.
       The conferees note that even at the higher House level, 
     substantial reductions will be required, including a 
     reduction approaching 600 positions, and the closing of up to 
     20 posts and installations, reducing USIA's field presence by 
     approximately 10 percent. Both House and Senate reports 
     included a recommendation that operations in western Europe 
     and Canada be looked at for further reductions, because these 
     are parts of the world that have the greatest access to 
     information and are most likely to be exposed to the American 
     point of view from other sources. In addition, USIA will need 
     to reexamine all of its major operations and downsize those 
     posts where staffing is not in accord with USIA's resource 
     allocation grouping model.
       The conference agreement includes sufficient funding for 
     the phase out of the Latin America data base, as provided in 
     the Senate report.


                            technology fund

       The conference agreement includes $5,050,000 for the 
     Technology Fund, as provided in both the House and Senate 
     bills.


               educational and cultural exchange programs

       The conference agreement includes $200,000,000 for 
     Educational and Cultural Exchange Programs, instead of 
     $192,090,000, as proposed by the House, and $210,000,000, as 
     proposed by the Senate. Of the total, the conferees intend 
     that $102,500,000 be allocated for the Fulbright program, and 
     $97,500,000 be allocated for other programs, including 
     $5,000,000 for international exchange events involving 
     disability issues associated with the Tenth Paralympiad to be 
     held in 1996.
       To the maximum extent possible, the conferees urge that the 
     following exchange programs be supported: the International 
     Visitors Program, the Pepper Scholarships, including the 
     Executive Education Program for Central European Business and 
     Professional Leaders, the Muskie Fellowships, the Humphrey 
     Fellowships, the Disability Exchange Clearinghouse, the 
     Congress Bundestag Exchanges, the South Pacific Exchanges, 
     the East Timorese Scholarships, the Cambodian Scholarships, 
     the Tibetan Exchanges, the United States/Mexico Conflict 
     Resolution Center, the Institute for Representative 
     Government, the American Institute of Indian Studies and the 
     British Parliamentarian Exchange.
       Within the total amount of funding provided, funding for 
     exchange support activities is included.
       The conferees expect that a proposal for the distribution 
     of the available resources among exchange programs, as well 
     as proposed enhancements for exchanges with the Newly 
     Independent States, will be submitted through the normal 
     reprogramming process prior to final decisions being made.

[[Page H 13923]]

       The USIA should disburse funds in the amount of $1,800,000 
     to Mansfield Center for Pacific Affairs to cover the Center's 
     costs in fully implementing the Mike Mansfield Fellowships 
     including the posting of seven 1995 fellows and their 
     immediate families in Japan in order that the fellows may 
     work in a Japanese government agency for one year, 
     preparation and training for ten 1996 fellows, the 
     recruitment and selection of the ten 1997 fellows, and 
     attendant administrative costs.


           eisenhower exchange fellowship program trust fund

       The conference agreement includes language as provided in 
     both the House and Senate bills, allowing all interest and 
     earnings accruing to the Trust Fund in fiscal year 1996 to be 
     used for necessary expenses of the Eisenhower Exchange 
     Fellowships. Further issues with respect to this program are 
     dealt with under section 412.


                    israeli arab scholarship program

       The conference agreement includes language as provided in 
     both the House and Senate bills, allowing all interest and 
     earnings accruing to the Scholarship Fund in fiscal year 1996 
     to be used for necessary expenses of the Israeli Arab 
     Scholarship Program.


              american studies collections endowment fund

       The conference agreement includes language as provided in 
     both the House and Senate bills, allowing all interest and 
     earnings accruing to the Endowment Fund in fiscal year 1996 
     to be used for necessary expenses of American Studies 
     Collections.


                 international broadcasting operations

       The conference agreement includes $325,191,000 for 
     International Broadcasting Operations, instead of 
     $341,000,000 as proposed by the House and $294,191,000, as 
     proposed by the Senate. The conference agreement does not 
     include funds for Broadcasting to Cuba under this account, as 
     proposed by the House, but rather includes it in under a 
     separate account, as proposed by the Senate.
       The conference agreement does not include language proposed 
     by the Senate that would have limited funding for Radio Free 
     Europe/Radio Liberty (RFE/RL) to $29,000,000. The House had 
     no similar provision. Under current law, funding for RFE/RL 
     programming cannot exceed $75,000,000.
       The conference agreement does not include language proposed 
     by the House to allow funds to be used for equipment and 
     transmission facilities for Broadcasting to Cuba, but similar 
     language is included under the Broadcasting to Cuba account.
       The conference agreement includes language, not in either 
     the House or Senate bill, which allows USIA to use not to 
     exceed $1,000,000 in funds received in connection with its 
     broadcasting resources, including receipts from advertising, 
     for authorized purposes.
       All other language, identical in both House and Senate 
     bills, is included in the conference agreement.
       The conference agreement assumes $5,000,000 in funding for 
     Radio Free Asia, under this account, as did both the House 
     and Senate bills.
       The exact distribution of funds under this account for 
     broadcasting operations, associated technical activities and 
     administration is to be decided upon by USIA under the new 
     administrative structure for international broadcasting, 
     authorized by the United States International Broadcasting 
     Act of 1994. The conferees understand that the new 
     Broadcasting Board of Governors has been confirmed. 
     Clarification appears to be required as to how the 
     Broadcasting Board of Governors will operate, how it will 
     interact with USIA, and where ultimate operating authority 
     for international broadcasting lies. All relevant House and 
     Senate Committees should be provided that clarication as soon 
     as possible.
       The conferees expect that the Committees will be notified 
     of the final distribution of funding among the activities 
     under this account pursuant to the normal repro- gramming 
     procedures.


                          broadcasting to Cuba

       The conference agreement includes $24,809,000 for 
     Broadcasting to Cuba under a separate account, as proposed by 
     the Senate, instead of within the total for International 
     Broadcasting Operations, as proposed by the House.
       The agreement also includes language requiring the 
     relocation of the headquarters of the Office of Cuba 
     Broadcasting from Washington, D.C., to south Florida by April 
     1, 1996, and permits funds from three accounts, International 
     Broadcasting Operations, Broadcasting to Cuba, and Radio 
     Construction, to be used to carry out the relocation. The 
     Senate bill proposed the relocation, but allowed any USIA 
     funds to be used to carry out the relocation. The House bill 
     contained no similar provision.
       The conference agreement includes language permitting use 
     of funds under this account for equipment and transmission 
     facilities, as proposed by the Senate, and similar to 
     language proposed by the House under International 
     Broadcasting Operations.
       The conference agreement does not include language proposed 
     by the Senate to allow funds to be used to purchase or lease, 
     maintain and operate aircraft, including aero- stats, 
     required to house and operate television broadcasting 
     equipment.


                           Radio Construction

       The conference agreement includes $40,000,000 for Radio 
     Construction, instead of $70,164,000, as proposed by the 
     House, and $22,000,000, as proposed by the Senate. This 
     account provides funding for the following activities: 
     maintenance, improvements, replacements and repairs; 
     satellite and terrestrial program feeds; engineering support 
     activities; and broadcast facility leases and land rentals.
       The conferees reiterate that Congress has made clear its 
     intent on a number of occasions that, to the maximum extend 
     possible, contracts for radio construction projects should be 
     awarded on the basis of a strong preference to American firms 
     and content.
       The conferees expect USIA to report on the expected 
     distribution of funds in fiscal year 1996, including 
     carryover.
       The conference agreement also includes a rescission of 
     funds from this account under title VII.


                            east-west center

       The conference agreement includes $11,750,000 for 
     operations of the East-West Center, instead of no funds, as 
     proposed by the House, and $18,000,000, as proposed by the 
     Senate.


                           north/south center

       The conference agreement includes $2,000,000 for operations 
     of the North/South Center, instead of no funds, as proposed 
     by the House, and $4,000,000, as proposed by the Senate.


                    national endowment for democracy

       The conference agreement includes $30,000,000 for the 
     National Endowment for Democracy, as provided in both the 
     House and Senate bills.

                Department of State and Related Agencies


                           general provisions

       The conference agreement includes General Provisions for 
     title IV of this location, as provided in the Senate bill, 
     instead of immediately after the State Department funding 
     paragraphs, as provided in the House bill. The General 
     Provisions heading is retitled to include reference to 
     Related Agencies.
       Section 401.--The conference agreement includes section 
     401, as provided in both the House and Senate bills, 
     permitting use of funds for allowances, differentials, and 
     transportation.
       Sec. 402.--The conference agreement includes secton 402, as 
     provided in both the House and Senate bills, dealing with 
     transfer authority.
       Sec. 403.--The conference agreement includes section 403, 
     as provided in both the House and Senate bills, dealing with 
     the compensation of the United States Commissioner of the 
     International Boundary Commission, United States and Canada.
       Sec. 404.--The conference agreement includes a provision: 
     (a) requiring that 90 days after enactment of any legislation 
     consolidating, reorganizing, or downsizing the functions of 
     the Department of State, the United States Information Agency 
     (USIA), and the Arms Control and Disarmament Agency (ACDA), 
     the heads of those agencies are to submit proposals for 
     transferring or rescinding funds appropriated in this bill 
     for functions that are affected by such legislation; and (b) 
     providing those agencies with transfer authority 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. 
     These actions are subject to reprogramming authority.
       The Senate bill contained a provision giving the Director 
     of the Office of Management and Budget broad authority to 
     eliminate redundancies and consolidate functions among the 
     State Department, USIA and ACDA; authorizing employee buy-
     outs through December 15, 1995; and establishing a Foreign 
     Affairs Reorganization Transition Fund to cover the costs of 
     consolidation and employee buy-outs. The House bill contained 
     no similar provision.
       Sec. 405.--The conference agreement includes a provision 
     waiving, through April 1, 1996, provisions of existing 
     legislation that require authorizations to be in place for 
     State Department, United States Information Agency, including 
     International Broadcasting Operations, and Arms Control and 
     Disarmament Agency activities prior to the expenditure of any 
     appropriated funds. The Senate bill included a provision 
     waiving through December 1, 1995, the authorization 
     requirement for State Department activities. The House bill 
     contained no similar provision.
       The conference agreement does not include a provision 
     proposed in the Senate bill as section 406 to earmark 
     $5,000,000 for the Tenth Paralympiad Games out of amounts 
     provided under three United States Information Agency (USIA) 
     accounts. This issue is addressed under the USIA Educational 
     and Cultural Exchange Programs account. The House bill 
     contained no similar provision.
       Sec. 406.--The conference agreement includes a provision 
     proposed by the Senate as section 408, renumbered as section 
     406, to amend the State Department Authorities Act of 1956 
     with respect to reward authority, to mandate the Department 
     to establish and publicize its reward program. Under current 
     law, the reward program is discretionary. The House bill 
     contained no similar provision.
       Sec. 407.--The conference agreement includes a provision 
     proposed by the Senate as section 411, renumbered as section 
     407, to extend the authorization for the Au Pair program 
     through fiscal year 1999. The House bill contained no similar 
     provision. 

[[Page H 13924]]

       Sec. 408.--The conference agreement includes a provision 
     that expands the authorization for the Eisenhower Exchange 
     Fellowship Program to permit the program to extend its 
     activities to areas of the world other than emerging 
     democracies in Europe. The Senate bill contained this 
     provision, proposed as section 412, as well as a proposal to 
     allow the program to use any earned but unused trust income 
     from the period 1992 through 1995, which is not included in 
     the conference agreement. The House bill contained no Similar 
     provision.
       Sec. 409.--The conference agreement includes a provision, 
     proposed in the Senate bill as section 413, renumbered to 
     read section 409, that states the sense of the Senate that 
     none of the funds in this Act should be used for the 
     deployment of U.S. forces in Bosnia and Herzegovina unless 
     approved in advance by Congress, with certain exceptions in 
     case of emergency. The House bill contained no similar 
     provision.
       The conference agreement does not include a provision, 
     proposed in the Senate bill as section 414, stating the sense 
     of the Senate that the President should insist on full 
     compliance of the Russian Federation with the terms of the 
     Treaty on Conventional Armed Forces in Europe and seek the 
     advice and consent of the Senate for any treaty 
     modifications. The conferees consider compliance with the 
     terms of the Treaty to be a high priority in U.S. relations 
     with the Russian Federation, and further understand that 
     there are ongoing negotiations relating to Russian 
     compliance, which are the subject of ongoing meetings 
     involving the Russian Federation, the U.S., and the Treaty's 
     30 signatories, and therefore reserve judgment until the 
     conclusion of these events. The House bill contained no 
     similar provision.
       The conference agreement does not include a provision, 
     proposed by the Senate as section 415, requiring sanctions on 
     Serbia and Montenegro to remain in effect until the President 
     certified that certain conditions had been met. The House 
     bill contained no similar provision.
       Sec. 410.--The conference agreement includes a new section, 
     not proposed in either the House or Senate bill, providing 
     that any personnel costs incurred by any Department or agency 
     funded under this title as a result of funding reductions be 
     absorbed within the total budgetary resources available to 
     the Department or agency, and providing authority to transfer 
     funds between appropriations accounts for that purpose. 
     Transfers are to be subject to standard reprogramming 
     procedures. The Senate bill proposed to establish a Foreign 
     Affairs Reorganization Transition Fund under section 404, 
     with a separate appropriation, to pay for consolidation 
     costs. The House bill contained no similar provision.

                       TITLE V--RELATED AGENCIES

                        Maritime Administration


                    operating-differential subsidies

                  (liquidation of contract authority)

       The conference agreement includes $162,610,000 for payment 
     of obligations incurred for the Maritime Administration 
     (MARAD) operating differential subsidy program as provided in 
     both the House and Senate bills.


                   maritime national security program

       The conference agreement includes $46,000,000, available 
     upon enactment of an authorization, for a new Maritime 
     National Security Program to provide payments 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. The Senate bill included $46,000,000 for 
     necessary expenses of maritime security services as 
     authorized by law. The House bill contained no provision on 
     this matter. This program is funded under the allocation for 
     national security programs. The conferees expect MARAD to 
     submit a notification of the proposed distribution of these 
     funds to the House and Senate Committees on Appropriations by 
     April 1, 1996.


                        operations and training

       The conference agreement includes $66,600,000 for the 
     Maritime Administration Operations and Training account 
     instead of $64,600,000 as proposed by the House and instead 
     of $68,600,000 as proposed by the Senate. The conferees 
     intend that these funds will be distributed as follows: 
     $30,900,000 for the U.S. Merchant Marine Academy, $6,700,000 
     for State maritime academies, and $29,900,000 for additional 
     training, operating programs and general administration of 
     the Maritime Administration.
       The conference agreement also includes language proposed by 
     the Senate, allowing proceeds from the sale or disposal of 
     National Defense Reserve Vessels to be transferred to the 
     Secretary of the Interior for use as provided in the National 
     Maritime Heritage Act (Public Law 103-451). The House bill 
     contained no similar provision.


          maritime guaranteed loan (title xi) program account

       The conference agreement provides $40,000,000 in subsidy 
     appropriations for the Maritime Guaranteed Loan Program 
     instead of $48,000,000 as proposed by the House and 
     $25,000,000 as proposed by the Senate. This amount will 
     subsidize a program level of not more than $1,000,000,000 as 
     proposed by the House instead of $500,000,000 as proposed by 
     the Senate.
       The conferees have also included $3,500,000 for 
     administrative expenses associated with the Maritime 
     Guaranteed Loan Program instead of $4,000,000 as proposed by 
     the House. The Senate bill included no funds for this 
     purpose. These amounts may be transferred to and merged with 
     amounts under the MARAD Operations and Training account.


                       administrative provisions

       The conference agreement includes provisions contained in 
     both the House and Senate bills involving Government property 
     controlled by MARAD, the accounting for certain funds 
     received by MARAD, and a prohibition on obligations from the 
     MARAD construction fund.

      Commission for the Preservation of America's Heritage Abroad


                         salaries and expenses

       The conference agreement provides $206,000 for the 
     Preservation for America's Heritage Abroad as provided in 
     both the House and Senate bills.

                       Commission on Civil Rights


                         salaries and expenses

       The conference agreement includes $8,750,000 for the 
     salaries and expenses of the Commission on Civil Rights 
     instead of $8,500,000 as proposed by the House and $9,000,000 
     as proposed by the Senate.

                    Commission on Immigration Reform


                         salaries and expenses

       The conference agreement includes $1,894,000 as proposed by 
     the Senate, instead of $2,377,000 as proposed by the House.

            Commission on Security and Cooperation in Europe

       The conferees provide $1,090,000 for the Commission on 
     Security and Cooperation in Europe as proposed by both the 
     House and Senate.

                Equal Employment Opportunity Commission


                         salaries and expenses

       The conference agreement includes $233,000,000 for the 
     salaries and expenses of the Equal Employment Opportunity 
     Commission, as proposed by both the House and Senate.

                   Federal Communications Commission


                         salaries and expenses

       The conference agreement provides a total of $175,709,000 
     for the salaries and expenses of the Federal Communications 
     Commission instead of $185,232,000 as proposed by the House 
     and $166,185,000 as proposed by the Senate. The conference 
     agreement also provides for the collection and retention of 
     $116,400,000 in offsetting fee collections, as provided in 
     both the House and Senate bills.
       Within the amount provided, the conferees intend that the 
     FCC continue the restructuring proposal initiated in June, 
     1995, including the closure of certain field offices as 
     proposed by the Commission to the House and Senate Committees 
     on Appropriations on October 20, 1995. The conferees have 
     included, within the amount provided, $3,000,000 to begin to 
     acquire the equipment necessary to carry out these proposed 
     field office reductions.
       The conferees expect remaining reductions to be carried out 
     within FCC headquarters operations through the streamlining 
     and elimination of redundant offices and functions. The 
     conferees expect the FCC to consider first for reductions 
     those offices which have experienced significant growth in 
     recent years, but to hold harmless those activities supported 
     by fees. The FCC should submit a notification in accordance 
     with section 605 of this Act prior to implementing these 
     reductions.
       The conferees are aware that concerns have been expressed 
     about actions taken by the FCC to challenge radio license 
     applications or renewals for religious broadcasters on the 
     grounds that requiring religious knowledge, training, or 
     expertise for employees is discriminatory. These concerns 
     have arisen because of the potential impact of such actions 
     on legitimate religious free speech. The conferees expect the 
     FCC not to deny any license application or renewal on these 
     grounds inconsistent with the right to exercise this free 
     speech in recruitment and hiring practices, and to report to 
     the House and Senate Appropriations Committees by not later 
     than March 1, 1996 on the Commission's policy in these cases, 
     and its intention to follow such a policy that recognizes and 
     preserves such religious freedom. If the FCC does move to 
     deny a license application or renewal for a religious 
     broadcaster according to its policy, it shall report to the 
     Committees to demonstrate that it is not abridging the free 
     speech of religious broadcasters.

                      Federal Maritime Commission


                         salaries and expenses

       The conference agreement includes $14,855,000 for the 
     salaries and expenses of the Federal Maritime Commission as 
     proposed by the Senate, instead of $15,000,000 as proposed by 
     the House.

                        Federal Trade Commission


                         salaries and expenses

       The conference agreement allows a total operating level of 
     $98,928,000 for the Federal Trade Commission as proposed by 
     the House instead of $89,035,000 as proposed by the Senate, 
     and includes language provided in both bills allowing 
     $48,262,000 in offsetting collections from Hart-Scott-Rodino 
     Act premerger filing fees. The conference agreement also 
     assumes the availability of carryover fee balances of 
     $19,360,000 to offset the appropriations level instead of 
     $16,000,000 as assumed 

[[Page H 13925]]
     in both the House and Senate bills. This amount is based on actual 
     carryover balances identified by the FTC. These actions 
     result in a final appropriated level of $31,306,000 instead 
     of $34,666,000 as proposed by the House and $24,773,000 as 
     proposed by the Senate.
       The conference agreement also includes language proposed by 
     the Senate allowing the FTC to use up to $300,000 of 
     available funds to contract for debt collection services. The 
     House contained no similar provision.
       The conferees concur with House language regarding FTC's 
     involvement in areas more appropriately addressed by States 
     and localities.

               Japan-United States Friendship Commission


               japan-united states friendship trust fund

       The conference agreement provides $1,247,000 for the 
     expenses of the Japan-United States Friendship Commission 
     from the U.S. currency account, and provides for an amount 
     from the Japanese currency account not to exceed the 
     equivalent of $1,420,000 as provided in both the House and 
     Senate Bills.

                       Legal Services Corporation


               payment to the legal services corporation

       The conference agreement includes $278,000,000 for payment 
     to the Legal Services Corporation, the same level proposed by 
     the House bill, instead of $340,000,000 as proposed by the 
     Senate.
       The conference agreement designates $198,750,000 of the 
     amount provided for basic field programs to be used only for 
     competitively awarded grants and contracts, instead of 
     $115,000,000 as proposed by the Senate, reflecting a 
     provision in the conference agreement setting April 1, 1996 
     as the deadline for implementation of competition, rather 
     than September 1, 1996 as proposed by the Senate.
       The conference agreement provides $13,000,000 for the 
     management and oversight functions of the program and 
     designates $6,000,000 for management and administration, and 
     $7,000,000 for the Office of the Inspector General, of which 
     $5,500,000 is to be used to contract with independent 
     external auditors for financial and compliance audits. The 
     conference agreement reflects the transfer of functions and 
     the corresponding resources for compliance monitoring and 
     enforcement to the Inspector General, while retaining the 
     administration of the grant program within the Corporation, 
     as proposed by the House. The Senate did not designate 
     funding for each activity.
       The following table shows a funding distribution by 
     activity:

----------------------------------------------------------------------------------------------------------------
                                                    Fiscal year                                                 
                                                       1995            House          Senate        Conference  
----------------------------------------------------------------------------------------------------------------
Basic field programs............................    $345,903,013    $265,000,000    $327,000,000    $265,000,000
                                                 ===============================================================
Supplental programs:                                                                                            
    Native American \1\.........................       8,867,000               0               0               0
    Migrant.....................................      12,759,000               0               0               0
    National support............................       8,109,000               0               0               0
    State support...............................       9,373,000               0               0               0
    Supplemental field..........................       1,274,000               0               0               0
    Regional training centers...................         711,000               0               0               0
    Computer assisted legal research............         582,000               0               0               0
    Clearinghouse...............................         985,000               0               0               0
    Law schools.................................         726,000               0               0               0
                                                 ---------------------------------------------------------------
      Subtotal..................................      43,386,000               0               0               0
                                                 ===============================================================
Administration and oversight:                                                                                   
    Management and administration...............       9,710,987       5,000,000  ..............       6,000,000
    Inspector General...........................       1,000,000       2,250,000  ..............       1,500,000
    External auditing...........................               0       5,750,000  ..............       5,500,000
                                                 ---------------------------------------------------------------
      Subtotal..................................      10,710,987      13,000,000      13,000,000      13,000,000
                                                 ===============================================================
      Total.....................................     400,000,000     278,000,000     340,000,000     278,000,000
----------------------------------------------------------------------------------------------------------------
\1\ The conference agreement addresses service for Native American communities through adjustments in the basic 
  field program, included under Administrative Provisions.                                                      

                       Legal Services Corporation


                       administrative Provisions

       The conference agreement provides for the continuance of 
     funding for basic legal services to ensure that poor 
     individuals have access to the civil justice system. This 
     program has been unauthorized for a number of years, which 
     has required these issues to be dealt with through the 
     inclusion of a number of administrative provisions in 
     Appropriations Acts. The conferees hope that an authorization 
     will be enacted obviating the need for this practice. In the 
     interim, and in keeping with past practices, the conference 
     agreement includes numerous administrative provisions, as 
     proposed by both the House and Senate, governing the 
     allowable use of the funds provided, in many cases 
     significantly current law provisions, and in all cases 
     applying the provisions to all funds, Federal and non-
     Federal, received by a grantee.
       The conference agreement includes language, as proposed by 
     the House, that upon enactment of an authorization, all 
     contradictory provisions will supersede the provisions in 
     this Act. The Senate bill contained no provision on this 
     matter.
       As proposed by both the House and Senate, the conference 
     agreement distributes funding for basic field programs by 
     formula, based on the number of poor people residing in an 
     area. A provision is included, as proposed by the Senate, to 
     continue current practice of making certain adjustments to 
     the formula for certain isolated states and territories. The 
     House bill contained no provision on this matter.
       The conference agreement provides that funding shall be 
     used only for basic field programs, as proposed by the House, 
     instead of the Senate proposal which may have allowed funding 
     for uses other than basic field programs. The conference 
     agreement also includes a provision, as proposed by the 
     Senate, to mitigate disproportionate funding reductions for 
     services to Native American communities due to the 
     elimination of the supplemental programs which had previously 
     served Native Americans. The conferees have taken this action 
     because of the unique relationship between the U.S. 
     government and Native American tribes through longstanding 
     treaty obligations, the complexity of Indian tribal law, and 
     the unique challenges facing programs which must provide 
     representation in both U.S. and tribal court systems. The 
     House bill contained no provision on this matter.
       The conference agreement extends the deadline for 
     implementation of competition to April 1, 1996, and allows 
     interim funding for grants to basic field programs prior to 
     that date. The House proposed that all grants be awarded 
     competitively on January 1, 1996, and did not propose any 
     interim funding mechanism. The Senate proposed that a portion 
     of basic field programs be awarded competitively by September 
     1, 1996, and allowed the remaining basic field program grants 
     to be distributed to basic field programs in existence prior 
     to that date.
       The conference agreement includes provisions as proposed by 
     the House that: (1) the Corporation be considered a Federal 
     agency, (2) all funds provided be considered Federal funds, 
     and (3) all grantees be subject to all Federal laws regarding 
     the proper use of Federal funds, and that any violations of 
     Federal laws shall result in termination of the contract. The 
     Senate bill contained no provision on this matter.
       Both the House and Senate bills proposed many similar 
     requirements and restrictions on funds provided to the LSC 
     grantees from Federal, non-Federal, and private sources. As 
     proposed in both the House and Senate bills, the conference 
     agreement requires that an LSC grantee, must agree not to 
     engage in litigation and related activities with respect to 
     (1) abortion; (2) redistricting; (3) welfare reform; (4) 
     political activities, including union organizing and strikes; 
     (5) representation of illegal aliens; (6) representation of 
     Federal and state prisoners in civil actions; and (7) 
     representation of individuals charged with drug-trafficking 
     in eviction proceedings brought by a public housing 
     authority. In addition, the grantee must agree to submit to 
     timekeeping requirements proposed by both the House and 
     Senate.
       The conference agreement incorporates a provision, proposed 
     by the Senate, to require that the Corporation and its 
     grantees provide written notification to non-Federal funding 
     sources, of the restrictions in this Act or other Acts, prior 
     to accepting non-Federal funding. The conference agreement 
     provides an exception to this and certain other requirements 
     in this Act with respect to the uses of Indian tribal funds. 
     In addition, the conference agreement deletes a provision 
     included in the Senate bill which could have allowed non-
     Federal funds to be used by LSC grantees to represent 
     prisoners, illegal aliens, and individuals charged with drug-
     trafficking and facing eviction from public housing.
       In addition, the conference agreement includes the 
     following additional items:
       The conference agreement includes language, as proposed by 
     the Senate, to prohibit LSC grantees from participating in or 
     bringing any class action suits. The House bill proposed to 
     prohibit LSC grantees from bringing class action suits 
     against Federal, State, and local governments.

[[Page H 13926]]

       The conference agreement allows LSC grantees to represent 
     clients in fee-generating and fee-shifting cases if no 
     private attorney is available to accept such cases, but 
     prohibits LSC grantees from claiming or accepting any 
     attorneys' fees. The House proposed to prohibit LSC grantees 
     from any involvement in such cases, while the Senate proposed 
     to allow LSC grantees, under very limited circumstances, to 
     represent such cases and collect attorneys' fees.
       The conference agreement prohibits LSC grantees from 
     collecting any attorneys' fees for all pending and future 
     cases, as proposed by the House. The Senate proposed to 
     prohibit attorneys' fees for all cases initiated after 
     January 1, 1996.
       The conference agreement includes provisions, proposed by 
     both the House and Senate, prohibiting LSC grantees from 
     engaging in any activities related to legislative or 
     administrative lobbying or rulemaking.
       The conference agreement prohibits LSC grantees from 
     soliciting clients, as proposed by the House. The Senate 
     proposed a similar provision.
       The conference agreement adopts a provision, proposed by 
     the Senate, to permit LSC grantees to use non-LSC funds to 
     communicate with State or local entities regarding funding by 
     State or local entities. The House bill contained no 
     provision on this matter.
       The conference agreement includes language clarifying that 
     grantees are permitted to receive funding from non-Federal 
     sources designated for programs serving specific populations, 
     such as people with disabilities, provided that the clients 
     served are not otherwise ineligible, and the purposes for 
     which the funding is provided are allowable under this Act, 
     and the underlying statute and regulations.
       In addition, the conference agreement incorporates a 
     provision, as proposed by the House, to prohibit funds 
     provided in this Act from being used to pursue lawsuits 
     against the Corporation.
       The conference agreement applies all restrictions and 
     requirements in this Act to all new cases undertaken after 
     enactment of this Act and to additional actions on pending 
     cases which are initiated after the enactment of this Act. 
     The agreement allows LSC grantees up to six months to dispose 
     of all pending cases, initiated prior to enactment of this 
     Act, which are in violation of the provisions of this Act. 
     The Senate proposed to apply the restrictions in this Act 
     only to new cases undertaken or additional matters addressed 
     in pending cases after January 1, 1996. The House proposed to 
     apply the restrictions to all pending and new cases effective 
     upon enactment. To ensure that clients are adequately 
     represented, and to allow attorneys to maintain their ethical 
     and professional responsibilities, the conferees have agreed 
     to provide a limited amount of additional time for LSC-funded 
     grantees to withdraw from cases and matters which would now 
     be restricted under this Act. The Corporation shall report to 
     the House and Senate Committees on Appropriations every sixty 
     days as to the status of the disposition of pending cases. 
     Further, while the conference agreement had provided for a 
     transition period for disposition of pending cases, the 
     agreement applies all requirements of disclosure and 
     timekeeping to all activities.
       The conference agreement includes language to clarify 
     financial audit requirements to LSC-funded grantees, and 
     ensure that auditors have appropriate access to necessary 
     records. These provisions will ensure that LSC-funded 
     grantees are subject to auditing requirements similar to 
     other non-profit entities receiving Federal funding. Neither 
     the House nor Senate bills contained these provisions.
       The conferees understand the importance of proper training 
     of attorneys and paralegals. Such training, which is 
     technical in nature and necessary to ensure attorneys and 
     paralegals have access to current information pertaining to 
     statutes, regulations, and case law, is permitted. However, 
     the conference agreement prohibits grantees from conducting 
     training programs, or providing training materials, which are 
     designed to facilitate or advocate particular public policies 
     or political activities.

                        Marine Mammal Commission


                         salaries and expenses

       The conference agreement includes $1,190,000 for the 
     salaries and expenses of the Marine Mammal Commission instead 
     of $1,000,000 as proposed by the House, and instead of 
     $1,384,000 as proposed by the Senate.

          Martin Luther King, Jr., Federal Holiday Commission


                         salaries and expenses

       The conference agreement includes $350,000 for the Martin 
     Luther King, Jr., Federal Holiday Commission for fiscal year 
     1996 as proposed by the Senate instead of $250,000 as 
     proposed by the House. Bill language has been added, 
     consistent with the Commission's vote on May 23, 1995 to 
     sunset operations at the end of fiscal year 1996, stating 
     that this represents the final year of Federal funding for 
     the Commission.

                   Securities and Exchange Commission


                         salaries and expenses

       The conference agreement includes a direct appropriation of 
     $103,445,000 for the Securities and Exchange Commission 
     (SEC), as proposed by the House, instead of $134,997,000, as 
     proposed by the Senate. It also includes an extension of 
     registration fees under section 6(b) of the Securities Act of 
     1933 at one twenty-ninth of one percent, expected to generate 
     $184,293,000, as proposed by the House, instead of one 
     thirty-fourth of one percent, expected to generate 
     $123,000,000, as proposed by the Senate. Together with 
     carryover from fiscal year 1995 estimated at $9,667,000, this 
     is estimated to provide an overall operating level of 
     $297,405,000, as proposed by the House, instead of 
     $267,664,000 as proposed by the Senate.


                          1996 Funding Summary

Net General Fund Appropriation.............................$103,445,000
Offsetting Collections--Section 6(b)........................184,293,000
                                                       ________________

    Total Appropriation.....................................287,738,000
                                                       ================

Carry-over from Prior Year....................................9,667,000
                                                       ________________

    Total Funding...........................................297,405,000

       The conference agreement includes technical language, not 
     in either the House or Senate bill, which appropriates a 
     total of $287,738,000 to the SEC, and then requires the 
     appropriation to be reduced as registration fees are 
     collected, to the level of $103,445,000 that the conferees 
     have agreed to provide. Any fees collected in excess of 
     $184,293,000 are to remain available until expended and are 
     not available for obligation until October 1, 1996.
       The conference agreement includes language earmarking 
     $3,000,000 for the Office of Economics, to be headed by the 
     Chief Economist of the Commission, instead of $3,600,000, as 
     proposed by the Senate, and no language, as proposed by the 
     House.
       The conference agreement includes language earmarking 
     $1,000,000 for Investment Advisers Act enforcement, instead 
     of $1,500,000 as proposed by the Senate, and no language, as 
     proposed by the House.
       The conference agreement does not include language proposed 
     by the Senate to prohibit funds from being used for the 
     Office of Investor Education and Assistance. The House bill 
     contained no similar provision.

                     Small Business Administration

       The conference agreement provides a total of $589,578,000 
     for the Small Business Administration, instead of 
     $590,369,000 as proposed by the House and $588,091,000 as 
     proposed by the Senate. The distribution of these funds by 
     account is detailed below.
       The conference agreement deletes a provision contained in 
     the Senate bill which appropriated $30,000,000, in addition 
     to sums provided elsewhere in the bill, for the Small 
     Business Administration. The House bill contained no similar 
     provision. The conferees have addressed these additional 
     funds within the context of each individual account.


                         salaries and expenses

       The conference agreement provides an appropriation of 
     $219,190,000 for the SBA Salaries and Expenses account, 
     instead of $222,325,000 as provided in the House bill and 
     $211,881,000 as provided by the Senate. In addition, the 
     conference agreement allows for the collection of $3,300,000 
     in offsetting fees to offset this appropriation, as provided 
     by both the House and the Senate, making $222,490,000 
     available under this account.
       In addition to amounts made available under this heading, 
     the conference agreement includes $92,622,000 for 
     administrative expenses under the Business Loans Program 
     Account and $71,578,000 for administrative provisions under 
     the Disaster Loans Program Account. These amounts may be 
     transferred to and merged with amounts available under 
     Salaries and Expenses, resulting in a total level of 
     $386,690,000 for SBA operating program and noncredit 
     initiatives rather than $396,247,000 as provided by the House 
     and $370,203,000 as provided by the Senate.
       The conferees understand that funding levels provided for 
     SBA operating programs will require additional office 
     downsizing and closures, and expect SBA to continue to work 
     with the House and Senate Appropriations and Small Business 
     Committees in a consultative manner to develop criteria for 
     determining further headquarters and field office reductions.
       The conferees note that the SBA has proposed to centralize 
     LowDoc application processing by establishing one to four 
     centers. While centralized processing may warrant further 
     consideration, the conferees believe that it is inappropriate 
     at this time to establish four centers without further study. 
     Therefore, the conferees would consider a proposal to 
     establish two pilot centers designed to achieve long-term 
     cost savings, taking into account concerns previously 
     expressed by the conferees, subject to the reprogramming 
     procedures in section 605 of this Act.
       The conference agreement includes the following amounts for 
     noncredit programs:

  SBDCs.....................................................$73,500,000
  Section 7(j) grants.........................................2,570,000
  SCORE.......................................................3,250,000
  Women's outreach............................................4,000,000
  Women's council...............................................200,000
  Microloan Tech. Asst........................................9,000,000
  EZ One Stop Shops...........................................2,767,000
  Export Asst. Centers........................................3,202,000
  Business Info. Cts............................................500,000

       The amounts provided for EZ One Stop Shops include funding 
     for staffing, equipment, rent, and related overhead expenses.
       The conferees encourage the SBA to continue to work with 
     the National Center for Manufacturing Sciences towards 
     implementation of section 303 of Public Law 103-403. 

[[Page H 13927]]

       The conferees expect the Administrator to allocate 
     sufficient funds in order to implement biennial examinations 
     of small business development centers as mandated by P.L. 
     103-403.
       Within the amounts provided under this account, the 
     conferees expect the SBA to continue the existing pilot 
     project designed to help small businesses adapt to a 
     paperless procurement environment.
       The conferees agree with the emphasis in the Senate report 
     regarding elimination of duplication and the need to study 
     moving toward privatization of certain functions currently 
     undertaken by the SBA.

                      Office of Inspector General

       The conferees have provided $8,500,000 for the SBA Office 
     of Inspector General as proposed by the Senate instead of 
     $8,750,000 as proposed by the House.


                     business loans program account

       The conference agreement includes a total of $160,726,000 
     in subsidy appropriations under the SBA Business Loans 
     Program Account, of which $4,500,000 is for the direct loan 
     program (for the Microloan direct program only) instead of 
     $5,000,000 as proposed by the House and $1,000,000 as 
     proposed by the Senate, and a total of $156,226,000 is for 
     various guaranteed loan programs. The conference agreement 
     further designates that $1,216,000 of the guaranteed subsidy 
     is for the Microloan guarantee program and is available until 
     expended, as proposed by the Senate. The House bill provided 
     $1,700,000 for the Microloan guarantee program. The 
     conference agreement also designates that $40,510,000 of the 
     total amount provided shall be available until September 30, 
     1997, as provided in both the House and Senate bills.
       The conference agreement includes $114,500,000 for the SBA 
     7(a) general business loan program, instead of $104,500,000 
     as proposed by the House and $133,000,000 as proposed by the 
     Senate. Along with prior year carryover balances, this amount 
     will subsidize almost $11,000,000,000 in new small business 
     loan activity under recently enacted changes in the subsidy 
     rate for this account. The conference agreement includes a 
     total of $40,510,000 for the small business investment 
     corporation (SBIC) debenture and participating securities 
     programs as proposed by both the House and the Senate. In an 
     effort to minimize the impact of budget cutbacks on popular 
     SBA programs, the conferees intend that no funds provided in 
     this Act be used for the specialized SBIC (SSBIC) program, 
     which has a credit subsidy rate of 30 percent and costs the 
     taxpayers more than twice as much to support as the regular 
     SBIC program.
       The conference agreement includes new language, not in 
     either bill, allowing SBA to make up to $2,500,000 in loans 
     under the 504 Development Company program, in accordance with 
     recently enacted authorizing legislation requiring no subsidy 
     amounts to be appropriated. Both the House and the Senate 
     bills had assumed that such legislation would be enacted, and 
     language was included in the House and Senate reports that 
     would allow a 504 Development Company program level of up to 
     $2,500,000,000.
       In addition, the conference agreement includes $92,622,000 
     for administrative expenses to carry out the direct and 
     guaranteed loan programs as provided in the House bill. The 
     Senate bill included a total of $92,622,000 for 
     administrative expenses to carry out the guaranteed loan 
     program only, of which $77,600,000 was provided under this 
     account and the remaining $15,022,000 was designated under 
     the separate $30,000,000 appropriation discussed above. The 
     amount provided for administrative expenses is available to 
     be transferred to and merged with the appropriations for 
     Salaries and Expenses.


                     Disaster Loans Program Account

       The conference agreement includes $34,432,000 for subsidy 
     costs associated with the SBA Disaster Loans Program as 
     provided in both the House and Senate bills. The conferees 
     note that this subsidy amount assumes enactment of changes to 
     the SBA disaster loan program that have not yet been 
     considered by the Congress and urge expeditious consideration 
     of the proposed changes to this program so that additional 
     appropriations for this program will not be required.
       In addition, the conferees have included $71,578,000 for 
     administrative expenses under this account, instead of 
     $78,000,000 as proposed by the House and $62,400,000 as 
     proposed by the Senate. These amounts are to be merged with 
     amounts provided for SBA salaries and expenses.


                 Surety Bond Guarantees Revolving Fund

       The conference agreement includes $2,530,000 for additional 
     capital for the SBA Surety Bond Guarantees Revolving Fund as 
     provided in both the House and Senate versions of the bill.

                     Small Business Administration


                        Administrative Provision

       The conference agreement includes section 510, providing 
     SBA with the authority to transfer funds between 
     appropriations accounts, as provided in both the House and 
     Senate bills.

                        State Justice Institute


                         Salaries and Expenses

       The conference agreement provides $5,000,000 for the 
     salaries and expenses of the Senate Justice Institute as 
     proposed by the Senate, instead of no funds as proposed by 
     the House.

                      TITLE VI--GENERAL PROVISIONS

       The conference agreement includes the following general 
     provisions:
       Section 601.--The conference agreement includes section 
     601, identical in both the House and Senate versions of the 
     bill, regarding the use of appropriations for publicity or 
     propaganda purposes.
       Sec. 602.--The conference agreement includes section 602, 
     identical in both the House and Senate versions of the bill, 
     regarding the availability of appropriations for obligation 
     beyond the current fiscal year.
       Sec. 603.--The conference agreement includes section 603, 
     identical in both the House and Senate versions of the bill, 
     regarding the use of funds for consulting services.
       Sec. 604.--The conference agreement includes section 604, 
     identical in both the House and Senate versions of the bill, 
     providing that should any provision of the Act be held to be 
     invalid, the remainder of the Act would not be affected.
       Sec. 605.--The conference agreement includes section 605, 
     identical in both the House and Senate versions of the bills, 
     establishing the policy by which funding available to the 
     agencies funded under this Act may be reprogrammed for other 
     purposes.
       Sec. 606.--The conference agreement includes section 606, 
     proposed by the House but deleted by the Senate, regarding 
     the construction, repair of modification of National Oceanic 
     and Atmospheric Administration vessels in overseas shipyards.
       Sec. 607.--The conference agreement includes section 607 
     regarding the purchase of American-made products as provided 
     in both the House and Senate bills.
       Sec. 608.--The conference agreement includes section 608 
     which prohibits funds in the bill from being used to 
     implement, administer, or enforce any guidelines of the Equal 
     Employment Opportunity Commission covering harassment based 
     on religion similar to proposed guidelines published by the 
     EEOC in October, 1993, as provided in both the House and 
     Senate bills.
       Sec. 609.--The conferees have added language to the 
     provision proposed by the House to limit the use of funds to 
     expand the U.S. diplomatic presence in the Socialist Republic 
     of Vietnam, which provides a waiver of the provision if the 
     President certifies that Vietnam is fully cooperating with 
     the U.S. in four areas relating to POW/MIA's. The Senate bill 
     included no provision on this matter.
       Sec. 610.--The conference agreement includes a provision 
     that prohibits the use of funds for any United Nations 
     peacekeeping mission that involves U.S. Armed Forces under 
     the command or operational control of a foreign national, 
     unless the President certifies that the involvement is in the 
     national security interest. This provision was included as 
     section 610 in the House bill and as section 609 in the 
     Senate bill.
       Sec. 611.--The conference agreement includes section 611 
     which prohibits the use of funds to provide certain amenities 
     for Federal prisoners as provided for in both the House bill 
     as section 611 and in the Senate bill as section 610.
       Sec. 612.--The conference agreement includes section 612 
     restricting the use of funds provided under the National 
     Oceanic and Atmospheric Administration Fleet Modernization 
     account included in the House bill as section 612 and in the 
     Senate bill as section 611.
       Sec. 613.--The conference agreement includes section 613 
     imposing a limitation on funding for TV Marti, as proposed by 
     the House as section 613 and the Senate as section 612.
       Sec. 614.--The conference agreement includes section 614 
     repealing the authorization for the Advisory Corrections 
     Council, making changes in the table of sections for chapter 
     401 of title 18 of the United States code to reflect the 
     repeal of that council, and making this section effective 30 
     days after enactment of this Act. The Senate bill proposed 
     this repeal as section 613, and also proposed termination of 
     the Regulatory Coordination Advisory Committee for the 
     Commodities Future Trading Commission and the repeal of 
     section 5(h) of the Export Administration Act of 1979, which 
     have not been agreed to. The House bill included no provision 
     on this matter.
       The conference agreement deletes section 614 as proposed by 
     the Senate, which stated the sense of the Senate that a joint 
     United States-Canadian technical committee should be 
     established to review the impact of creating an outlet from 
     Devils Lake, N.D. under the Boundary Water Treaty of 1909. 
     The House bill included no provision on this matter.
       The conference agreement deletes section 615 proposed by 
     the Senate which would have required competitive bidding to 
     determine the disposition of certain portions of the spectrum 
     related to the assignment of DBS licenses. The House bill 
     contained no similar provision. The conferees have dropped 
     this language because the Federal Communications Commission 
     has taken action to require a competitive bidding process for 
     the portions of the spectrum addressed in this amendment. The 
     conferees support this decision by the FCC since it should 
     result in the maximum return to the Treasury.
       The conference agreement deletes section 616, as proposed 
     by the Senate, which would have given direction to the head 
     of each agency for which funds are directed under this Act, 
     to take all necessary actions to achieve a 5 percent 
     reduction from fiscal year 1995 levels in the energy costs of 
     facilities used by the agency. A government-wide policy on 
     this issue was established in the FY 1996 Treasury-Postal 
     Appropriation Act.

[[Page H 13928]]

       Sec. 615.--The conference agreement includes a new general 
     provision, not in either the House or Senate bill, requiring 
     agencies and Departments funded in this Act to absorb any 
     necessary costs related to downsizing or consolidations 
     within the amounts provided to the agency or Department.

                         TITLE VII--RESCISSIONS

                         Department of Justice


                         general administration

                          working capital fund

                              (rescission)

       The conference agreement includes a rescission of 
     $65,000,000 from unobligated balances under this heading, 
     instead of $55,000,000, as proposed by the Senate, and no 
     rescission, as proposed by the House.

                         Department of Commerce


       national telecommunications and information administration

                   information infrastructure grants

                              (rescission)

       The conference agreement does not include the proposed 
     rescission of $36,769,000 proposed by the Senate from 
     anticipated unobligated balances under the NTIA Information 
     Infrastructure Grant program. Prior to the end of fiscal year 
     1995, these funds were obligated and are no longer available 
     for rescission. The House bill did not include a rescission 
     of funds under this program.

                          Department of State


                   Administration of Foreign Affairs

            Acquisition and Maintenance of Buildings Abroad

                              (Rescission)

       The conference agreement includes a rescission of 
     $60,000,000 from unobligated balances available under this 
     heading, instead of $140,000,000, as proposed by the Senate, 
     and no rescission, as proposed by the House. The conferees 
     intend that this rescission be applied against any 
     unanticipated carryover funds that are not associated with a 
     specific project, or against the lowest priority projects for 
     which the remainder of the carryover in currently reserved. 
     The conferees expect the Department to report on the manner 
     in which it intends to apply this rescission.

                            Related Agencies

                    United States Information Agency


                           Radio Construction

                              (Rescission)

       The conference agreement includes a rescission of 
     $7,400,000 against unobligated balances available under the 
     Radio Construction account, as proposed by the Senate, 
     instead of no rescission, as proposed by the House.
       The conferees expect the United States Information Agency 
     to report on the manner in which it intends to apply this 
     rescission.

                  TITLE VIII--PRISON LITIGATION REFORM

       The conference agreement includes a separate title 
     containing legislative language to carry out prison 
     litigation reform and is similar to the language proposed by 
     the Senate bill to limit the remedies for prison condition 
     lawsuits and discourage frivolous and abusive prison 
     lawsuits.
       Section 801 contains the short title of the bill, the 
     ``Prison Litigation Reform Act of 1995'', as proposed by the 
     Senate.
       Prison conditions remedies.--Section 802 amends 18 U.S.C. 
     3626 to require that prison condition remedies do not go 
     beyond the measures necessary to remedy federal rights 
     violations and that public safety and criminal justice needs 
     are given appropriate weight in framing such remedies. 
     Specifically, the section places, limits on the type of 
     prospective relief available to inmate litigants. The relief 
     is generally limited to the minimum necessary to correct the 
     violation of a federal right. Measures limiting prison 
     population such as prison caps or prison release orders can 
     only be imposed as last resort measures after less drastic 
     remedies had proven ineffective. A prison cap in federal 
     proceeding can be ordered only by a three-judge court. These 
     same limitations on prospective relief are applied to 
     preliminary injunctive relief and such relief would expire 
     after a ninety-day period. Prior consent decrees are made 
     terminable upon the motion of either party, and can be 
     continued only if the court finds that the imposed relief is 
     necessary to correct the violation of the federal right. The 
     section also permits the appointment of a disinterested 
     special master to monitor the imposed relief. The special 
     master is intended to assist the court in finding facts and 
     is to place those findings in the record. In addition, the 
     conference agreement contains language, not included in the 
     Senate bill, that provided standing to State legislators to 
     intervene in prison lawsuits.
       Prisoner litigation.--The conference agreement includes 
     language proposed by the Senate, with the addition of 
     provisions relating to victim notification and restitution 
     requirements for monetary awards and severability. Section 
     803 amends the Civil Rights of Institutionalized Persons Act 
     (42 U.S.C. 1997a(c)) to require that administrative remedies 
     be exhausted prior to any prison conditions action being 
     brought under any federal law by an inmate in federal court. 
     It also directs the courts to dismiss suits if they are 
     frivolous, malicious, or fail to state a claim and permits 
     the State to waive its right of reply to any action brought 
     by a prisoner.
       Section 804 amends 28 U.S.C. 1915 to require the prisoner 
     to list all assets when filing in forma pauperis suits. 
     Section 805 adds a new section 1915A to 28 U.S.C. to require 
     early judicial screening and prompt dismissal of clearly 
     meritless suits against governmental entities or employees. 
     Section 806 amends 28 U.S.C. 1346(b) to limit prisoner suits 
     against the Federal government for mental or emotional injury 
     under the Federal Tort Claims Act to instances where the 
     prisoner shows physical injury as well. The legislation also 
     includes new language in Sections 807 and 808, not included 
     in the Senate bill, that mandates that restitution payments 
     must be taken from any award won by the prisoner and that 
     requires victims to be notified whenever a prisoner receives 
     a monetary award from the State. Section 809 adds a new 
     section 1932 to 28 U.S.C. to allow the court to revoke the 
     prisoner's ``good time'' credit if he files repetitive 
     frivolous, or malicious suits designed to misuse the justice 
     system. The conference agreement also includes a provision on 
     severability in Section 810, which was not included in the 
     Senate bill.
       The conferees also understand that approximately eight 
     percent, or 800,000 of the 10.1 million admittances to jails 
     annually, suffer from severe mental illness such as 
     schizophrenia and manic depressive illness. Most of these 
     individuals have not committed violent or serious felonies 
     but rather misdemeanors, or other non-violent offenses. The 
     conferees further understand that eight percent, or 80,000 of 
     the approximately one million people currently incarcerated 
     in our nation's prisons, suffer from severe mental illness. 
     The conferees agree that the care and treatment provided to 
     these individuals is essential to their health and do not 
     intend for any of the provisions in this title to impact 
     adversely on the availability of this care and treatment.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 1996 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1995 amount, the 1996 
     budget estimates, and the House and Senate bills for 1996 
     follows:

New budget (obligational) authority, fiscal year 1995...$26,698,336,000
Budget estimates of new (obligational) authority, fiscal 31,158,679,000
House bill, fiscal year 1996.............................27,585,240,000
Senate bill, fiscal year 1996............................27,033,679,665
Conference agreement, fiscal year 1996...................27,287,525,000
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 1995....+589,189,000
  Budget estimates of new (obligational) authority, fisca-3,871,154,000
  House bill, fiscal year 1996.............................-297,715,000
  Senate bill, fiscal year 1996............................+253,845,335

     Harold Rogers,
     Jim Kolbe,
     Charles H. Taylor,
     Ralph Regula,
     Mike Forbes,
     Bob Livingston,
     Alan B. Mollohan,
                                Managers on the Part of the House.

     Judd Gregg,
     Mark O. Hatfield,
     Ted Stevens,
     Pete V. Domenici,
     Mitch McConnell,
     James M. Jeffords,
     Thad Cochran,
     Ernest F. Hollings (with reservations),
     Robert C. Byrd,
     Daniel K. Inouye,
     Managers on the Part of the Senate.

                          ____________________