[Congressional Record Volume 142, Number 30 (Thursday, March 7, 1996)]
[House]
[Pages H1808-H1947]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  BALANCED BUDGET DOWN PAYMENT ACT, II

  The SPEAKER pro tempore. Pursuant to House Resolution 372 and rule 
XXIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the consideration of the bill, H.R. 3019.

                              {time}  1332


                     In the Committee of the Whole

  Accordingly the House resolved itself into the Committee of the Whole 
House on the State of the Union for the consideration of the bill (H.R. 
3019) making appropriations for fiscal year 1996 to make a further 
downpayment toward a balanced budget, and for other purposes, with Mr. 
Dreier in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from Louisiana [Mr. Livingston] and the 
gentleman from Wisconsin [Mr. Obey], each will be recognized for 30 
minutes.
  The Chair recognizes the gentleman from Louisiana [Mr. Livingston].
  Mr. LIVINGSTON. Mr. Chairman, I yield myself such time as I may 
consume.
   Mr. Chairman, as we are aware, the 1996 appropriations cycle has 
extended longer than normal, primarily because the President vetoed 
three bills, the Commerce, Justice, State and Judiciary bill, the 
Interior bill, and the VA-HUD bill, and because the other body was 
engaged in a filibuster on the Labor, Health and Human Services and 
Education bill.
  Those bills are encompassed in this wrap-up bill. We have various 
names

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for it. Some people call it a continuing resolution. People call it 
other things. But I will call it the wrap-up bill, for the purposes of 
our discussion at this time, because indeed it intends to wrap up what 
is left on the table for fiscal year 1996.
  There is a fifth bill not covered by this effort which is facing 
another filibuster in the Senate. That is the District of Columbia 
bill, which hinges on the resolution of a small $3 million pilot 
program involving sending poor kids to private schools, and for some 
reason the liberals are against that. We will let them deal with that 
one. The House has worked its will, and that bill should go to the 
President, I hope within the next few days.
  The bill before us deals with the remaining four bills that I have 
already named. It is a fiscally responsible bill. It maintains a 
commitment to the balanced budget, and in fact with respect to the 
nondefense discretionary portion, saves the American taxpayer ongoing 
money which throughout 1996 will accumulate to some $23 billion. Added 
to the $20 billion in discretionary savings from 1995, this means that 
since we took over in the 104th Congress we have saved the taxpayer 
approximately $43 billion.
  Everything in this bill is either within our 602 available 
allocations or is paid for by some current or future offsets within our 
discretionary accounts. Excuse me, it is paid for within our offsets of 
the discretionary accounts. In a subsequent title of the bill we talk 
about contingent spending that may be paid for in some other fashion in 
title IV of the bill, which addresses issues beyond the current funding 
allocations for fiscal year 1996 for Commerce, Justice, State, 
Interior, VA-HUD and Labor-Health.
  We have a title encompassing the peacekeeping initiatives by the 
President and his request for supplemental spending by the Congress on 
issues such as Bosnia and other foreign operations accounts. This bill 
will provide $820 million for Bosnia in defense, paid for from money 
previously allocated and appropriated to the defense of the Nation. It 
would take it out of various accounts in the Defense budget and apply 
it to the Bosnian effort.
  Likewise the bill would apply another $200 million for infrastructure 
in Bosnia paid out of the foreign operations account. This money is 
said by Admiral Smith, the head of the United States NATO effort in 
Bosnia, to be essential to make sure that our troops are taken care of, 
that their mission which ends at the end of the year will not be for 
naught, and that people scattered throughout the region of Bosnia will 
have jobs and opportunity to do things other than fight each other and 
kill one another.
  This title, the second title of this bill also provides $70 million 
rather than $140 million requested by the President for Jordan for the 
purchase of F-16 aircraft.
  The third title of the bill is for natural disaster assistance. It 
is, again, requested by the President. We do not dispute his assertions 
that the people in the Northwest were tragically devastated by the 
flooding there, and certain other parts of the country have been 
afflicted with tremendous adversity because of other natural disasters. 
Likewise, a couple of hurricanes ran over the Virgin Islands. There is 
some money in here to assist in the recovery from that.

  Altogether there is about $989 million in funding, again all paid 
for, for natural disaster assistance.
  Finally, the fourth title of the bill includes contingent 
appropriations. Mr. Chairman, the President a couple of months ago 
stood before a joint session of Congress and said to the Members of 
Congress and to the American people, in his State of the Union speech, 
that the era of big Government is now over. That followed his agreement 
a month or two before that in which he asserted that he was in favor of 
a balanced budget by the year 2002, acknowledging that we have been 
spending $100 billion a year, $200 billion a year and even as high as 
$300 billion a year in excess of what we have raised in revenues, and 
that the aggregate debt laid on the shoulders of the American people 
comes down to $5 trillion or $20,000 for every man, woman, and child in 
this country, and that the interest on that debt is compounding at such 
a rate that this year it will exceed what we spend on the defense of 
the Nation.
  It is such a grave problem that we must start working our way toward 
a balanced budget. The President acknowledged that, and then said the 
era of big Government is over, and immediately said he needs $4 or $6 
billion more in additional spending for the programs covered by the 
bills that are in this wrap-up package.
  That is what he said about a month ago. Then over the last few weeks 
he said, ``No, I need $8 billion more than you are providing in these 
bills.'' In fact, just yesterday Alice Rivlin, the Director of the 
Office of Management and Budget, wrote Chairman Hatfield, my 
counterpart, the chairman of the Senate Appropriations Committee, and 
told Chairman Hatfield,

       Look, it's nice that you in the Senate have comprised a 
     bill that is much like the one we're doing here in the House. 
     It is nice that you are doing that. It is nice that you have 
     actually provided a contingent appropriation of $4.7 billion 
     in the Senate. Our package is about $3.4 billion but we still 
     need $7 billion on top of that.

  By my account, what they are saying now they need instead of $6 
billion or $8 billion, now they are saying they need $12 billion. I am 
still scratching my head about it because they said if they do not get 
it, they are going to veto the bill.
  That concerns me because we have tried to accommodate the President 
on disaster relief. We have accommodated the President on national 
assistance on the mission in Bosnia, to make sure that our troops are 
doing a great job and are adequately supported. We have accommodated 
the President on billions and billions of dollars in spending, 
including $14.6 billion in law enforcement, $23.6 billion in education, 
$38.4 billion on veterans benefits, inclusive of $16.9 billion in 
health benefits for veterans, $19.3 billion in housing, $5.7 billion 
for EPA, the Environmental Protection Agency, $5.1 billion in parks, 
refuges, and forests, and the list goes on and on and on. Yet he tells 
us, ``I have got to have $6 or $8 or $12 billion more.''
  What we have done is scrub the President's list. We have taken what 
the President says he would spend more money on and we have identified 
those issues that we acknowledge maybe you could spend some more money, 
but we are said, ``Mr. President, we are bumping up against our budget 
caps. With our bills, we have gone as far as we can go and still keep 
on the approach to a balanced budget by the year 2002.''
  Our Budget Committee has worked in conjunction with the Budget 
Committee in the Senate, and even though the President has not signed, 
in fact he has vetoed the congressional effort to balance the budget, 
he has vetoed welfare reform, he has vetoed Medicaid reform, he has 
vetoed Medicare reform, he has vetoed an attempt by the Congress to get 
spending in line with our outflow, even though he has done that, well, 
the fact is that he says he still needs more money, needs more, $8 or 
$12 billion more.
  We are saying, ``OK, Mr. President, we will even meet you halfway 
there. We will give you $3.5 billion in this bill, but it has to be 
paid for.'' He can pay for it somehow--in my own opinion, this is me 
speaking, the chairman of the Appropriations Committee--by designating 
programs he wants to cut on the discretionary side, if he can designate 
mandatory spending cuts, fine. I do not know where he gets it, but he 
has to pay for it, and we have got to still be on that glide path 
toward a balanced budget by the year 2002.
  If we do that, we will give him another $3.5 billion. The Senate 
wants to give him another $4.7 billion. Somewhere down the line in the 
conference next week, if this passes today, we will meet and we will 
reach an agreement, I hope with the President represented at the table.

  I do not know if that will happen but, Mr. Chairman, I am here to 
state that the Appropriations Committee and the Members of this House 
are prepared to meet the President halfway. We do not want to shut the 
Government down. We want to give him a package that meets him halfway. 
If he wants to meet us halfway, we will have an agreement, but if he 
insists on language such as appears in that letter to Chairman Hatfield 
last night signed by Alice Rivlin, it looks like he wants to shut the 
Government down, he wants to

[[Page H1810]]

foist a crisis on the American people, and he wants to blame Congress 
for his indolence or inactivity.
  I hope that does not come to pass. I am going to do everything I can 
toward forming an agreement with the Senate, forming an agreement with 
the White House, and keep operations going and end the action on fiscal 
year 1996 funding so that we can go on to work on fiscal year 1997 
funding.

                              {time}  1345

  But the President needs to meet us halfway.
  Mr. Speaker, at this point in the Record, I would like to insert 
several tables reflecting the amounts in this bill.

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[[Page H1839]]

  Mr. LIVINGSTON. Mr. Chairman, I reserve the balance of my time.
  Mr. OBEY. Mr. Chairman, I yield myself 5 minutes.
  Mr. Chairman, we have long passed 1984, but we have just heard 
another example of 1984 doublespeak. We hear this talk about how the 
Republican side of the aisle does not want to shut the Government down, 
and then they proceed to go on and say, ``But if the President insists 
on the language that he has in his letter, then he will be shutting the 
Government down.''
  What you are telling us and what I really believe as I watch you 
march through this useless bill is that you are once again taking 
actions which are making it much more likely that the Government will 
shut down, and that is the last thing we ought to allow to happen.
  Let me put this in perspective: We have seen this Congress add $7 
billion in spending to the defense appropriation bill above the amount 
requested by the President. We have also seen you then make cuts on the 
domestic side of the ledger totaling $33 billion. The President has 
asked that $7 billion of those domestic reductions be restored in the 
education, environment, and crime areas, principally.
  The committee's response is to provide $1 billion in additional 
funding in real money for LIHEAP, the low-income heating assistance 
program, very largely. I am happy about that. I am the original House 
sponsor of the program.
  But then they go on and say that we will provide $3.3 billion in 
funny money. Now, the funny money never gets down to the local 
communities because under the conditions of this bill, none of that 
funding ever becomes real until we pass another piece of legislation. 
And then because of the brilliance of the amendment just adopted to the 
rule just a few minutes ago, you are also saying that it is not just 
enough to find funding sources and pass them in another piece of 
legislation, we now also have to go through another reconciliation 
process. That means our local school districts are going to get the 
money they need about the year 2001.
  This bill is as much science fiction as that movie was.
  Now, the problem with this bill is that it still leaves us with $3.3 
billion in cuts below last year for education. It still leaves us some 
$200 million for veterans' medical care below the original House bill. 
It still leaves us $1.5 billion below last year for environmental 
cleanup efforts at EPA. That is 21 percent.

  I think we ought to face reality. We can talk all the inside-the-
Beltway language we want. The fact is, in the real world you have 
school districts who are about to have to send letters out to their 
teachers letting them know they are not going to be rehired for next 
year because the education funding is clunking along at about almost a 
one-third cut from last year's level. This Congress should not be doing 
that.
  We are going to be moving into the 21st century. We ought to be 
providing more support for education, not less. We ought to be making 
it easier for kids to go to college, not harder. We ought to be making 
it easier for people to get job training, not harder. And we certainly 
should not be making it harder for this society to clean up its 
Superfund sites and to provide the other actions that we need to 
protect the environment.
  This legislation should not be here at all. It is going nowhere. The 
President has already indicated that in its current form he will veto 
it. And so all this bill is, is an effort to create the impression that 
there is movement when, in fact, there is none.
  The rhetoric is sweet, but the actions are useless. That is what we 
are seeing here today.
  It seems to me if you want real progress, what has to happen is that 
the very top leadership of this Congress, and I do not mean the 
leadership of this committee, because this is frankly above our pay 
grade, the very top leadership of this Congress is going to have to sit 
down and in good faith and earnestness negotiate with the White House 
and agree to an arrangement which will allow us to restore this funding 
for education and for environmental protection and for veterans and the 
like. Merely acting as though we are passing real legislation today 
does nothing to contribute to that end.
  This is another dead end, and especially with the amendment just 
adopted at the insistence of the gentleman from Pennsylvania [Mr. 
Walker], we guarantee that under the process as laid out under this 
bill it will be a long, long time before anybody sees any money in this 
bill.
  So I would suggest this is a very sad waste of time, and I would urge 
Members to oppose the bill. It is not a real legislative action today. 
It, in fact, will add to the likelihood of a Government shutdown, and 
that is the last thing we should be doing.
  Mr. LIVINGSTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
California [Mr. Cunningham], a distinguished gentleman and educator, to 
shed a little light on the truth about education.
  Mr. CUNNINGHAM. Mr. Chairman, I heard smoke and mirrors. Let me tell 
you what smoke and mirrors, or a difference of opinion, at least, is in 
this impact aid that the President cut all of part B out of. We have 
restored. As a matter of fact, the bipartisan impact, and there is 
support on both sides of the aisle for impact aid, we have increased it 
$2 million more than even requested in the bipartisan. Ninety percent 
of the impact aid funding, it is in there.
  Let me tell you where, yes, we did cut in education. We cut your 
Federal bureaucracy once again. Ask the head of your own budget 
agreement, and party, about the President's direct lending program. We 
capped it at 10 percent. That saves $1 billion just in administrative 
fees, $1 billion, and GAO says we do not even know what it is going to 
cost to collect it, about $3 to $5 billion, we capped it at 10 percent, 
took those savings, we increased student loans by 50 percent. We 
increased Pell grants the highest level ever. Stafford loans, idea, 
which is for special education, is level funded. When you say we are 
cutting education, yes, we are cutting your bureaucracy.
  I go back to the fact when you take a look at title I, look at the 
studies that the Department of Education has made on title I. We 
reduced the spending there. Why? Because it has not been effective, and 
we are spending $1 billion.
  The same study by the Department of Education, not Republicans, said 
that Head Start is mismanaged.
  There are 760 programs in education. We only pay for 6 percent. 
Ninety-four percent of education is paid for out of State and local, 
and in that 6 percent we are trying to spread that over 760 programs. 
It is inefficient. It is not working.
  We are reducing the areas that do not work, like the President's 
direct lending program, which he wants to make the Government 
responsible for all student loans. That would make the Department of 
Education the largest lending institution in the United States. 
Inefficient.
  No, we are not cutting education. We are getting more dollars back 
down to the students and to the schools.
  Mr. OBEY. Mr. Chairman, I yield myself 1 minute.
  Mr. Chairman, the fact is, this bill allows the continuation of a $10 
billion squeeze on student loans, people who have to pay $10 billion 
more to get their student loans under this bill.
  Under chapter 1, you are going to have 1 million kids who are going 
to be squeezed out. You have almost 40,000 chapter 1 teachers who may 
lose their jobs under Head Start. You are going to have 30,000 kids who 
will not be allowed into the program.
  Now, you can call that an increase if you want. But that really is 
twisting the king's English.
  Mr. Chairman, I yield 2 minutes to the gentleman from Maryland [Mr. 
Hoyer].
  Mr. HOYER. Mr. Chairman, I thank the gentleman for yielding this time 
to me.
  Mr. Chairman, I want to get up and say, as my chairman did, that it 
is unfortunate that this bill is on the floor.
  I am a strong supporter of three strikes and you are out. Very 
frankly, this is about the third strike.
  We say to those who break our laws, do it once, we are going to 
penalize you; do it twice, we are going to give you a long prison 
sentence; do it the third time, we are going to throw away the key 
because you are not learning.
  You are on the brink of shutting down the Government for the third

[[Page H1840]]

time, putting people out on the street who want to work, who are doing 
good service for America, out on the street.
  Why? Because this bill is not real, and you know it. Some of my 
reasonable friends on that side of the aisle unfortunately, in my 
opinion, are not in control, because what we ought to do is sit down 
with the President, say you are a coequal branch of Government, we are 
a co-equal branch of government, let us make it work. That is what the 
American people want.
  Have you not heard their anger? Some of your Presidential candidates 
have heard their anger. They are not talking about your contract. They 
are not talking about your shutdown of Government. They are not talking 
about risking the credit of the United States of America.
  My friend from California, who talks about a $1 billion cut in 
chapter 1 as if, ``Oh, well, it is just administrative,'' that is not 
true at all, categorically, unequivocally incorrect. That billion 
dollars is from kids, has nothing to do with administration, and it is 
from the neediest kids in America who are educationally, culturally, 
and economically deprived.
  We need them big time to compete in the global economy. We need to 
invest in those kids.
  My chairman knows that this bill is not for real. Perhaps to his 
credit, he argues strenuously that this is real. Maybe that is what he 
has to do. Maybe the Speaker has given him that assignment.
  Members of the House, we ought to reject this continuing resolution. 
We ought to say to the American public we know this is not real. We 
know that to make democracy work we have got to work with the President 
and we have got to invest in America's future.
  Reject this bill.
  Mr. LIVINGSTON. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman 
from Ohio [Mr. Regula], the distinguished chairman of the Subcommittee 
on Interior Appropriations for an opportunity to discuss his section of 
this real bill.
  Mr. REGULA. Mr. Chairman, I thank the gentleman for yielding this 
time to me.
  Mr. MORAN. Mr. Chairman, will the gentleman yield?
  Mr. REGULA. I yield to the gentleman from Virginia.
  Mr. MORAN. Mr. Chairman, I thank the chairman very much. I'm going to 
try to make this as quick as possible because it is a distraction from 
the major issues we have been discussing. But back in 1988, in the 
Interior Appropriations Committee report, we required that an 
environmental impact statement be done of an interchange just on the 
George Washington Memorial Parkway just south of National Airport. This 
EIS was done, and the report also said it would be shielded from 
subsequent judicial review.
  The fact is they did not build the interchange. Now they want to do a 
small thing, a right in, right out access to the land undeveloped by 
the parkway. The only question we want to clarify, Mr. Chairman, is: Is 
it your understanding that the language that was in the original 1988 
Interior Appropriations Committee would likewise protect any subsequent 
judicial review if they do a supplemental EIS, or an environmental 
assessment?
  Mr. REGULA. Reclaiming my time, yes, I believe the language is clear. 
It states that, ``Notwithstanding any other provision of law, no court 
shall have jurisdiction to consider questions regarding the factual and 
legal sufficiency of the environmental impact statement.''
  This language shielding the EIS from judicial review continues to be 
in effect and would similarly shield any supplemental EIS, or 
environmental assessment.
  Mr. MORAN. I thank the gentleman very much. It is a gateway to the 
city. I appreciate the clarification. I thank the chairman.
  Mr. OBEY. Mr. Chairman, I yield 4 minutes to the gentleman from 
Michigan [Mr. Bonior], the distinguished minority whip.
  Mr. BONIOR. Mr. Chairman, today's vote comes down to one very simple 
and very basic question: Do we want our kids' education to be a top 
priority, or do we cut it? Do we want to invest in our kids' future, or 
do we make the biggest cut, the biggest cut in education in the history 
of America? That is what this is about. That is what this vote is about 
today.
  Mr. Chairman, the value of education has always been embedded in 
America's national soul. There used to be a time in this country when 
mothers would pour honey on the books of their children so that the 
children would understand that education is sweet. There used to be a 
time when brave parents who had their kids out in the field in the 
West, when they saw a teacher come along, would yank their kids out of 
the field because they understood the importance of that teacher and 
the importance of education. That is our heritage.
  But this resolution today asks us to turn our back on that.
  Mr. Chairman, we are living in a time when 70 percent of our kids 
will never finish college, a time when what you earn depends upon what 
you learn, and we are competing in a world today where 93 percent of 
the Japanese students have studied calculus, where 100 percent of 
German students have technical training by the time they are 16 years 
of age.
  Yet this bill responds by making the biggest cuts in education in 
American history. It cuts, among other things, Safe and Drug Free 
Schools by 57 percent. Can you imagine cutting drug-free schools and 
safe schools by that much, 23 percent in cuts to the school to work 
program?

                              {time}  1400

  It cuts title I funding, as my friend from Wisconsin said, by $1 
billion a year, which will force 40,000 teachers to be laid off and 
will kick 1 million kids off math and reading programs. At a time when 
few working families can afford to pay $15,000 a year to send their son 
or daughter to college, this bill completely eliminates the Perkins 
loan program, leaving 200,000 kids out in the cold.
  So do not tell us you are making these cuts to give our kids a better 
life, because this bill will deny millions of students the skills they 
need to lead a better life. All over America today, communities are 
being devastated by the short-term and shortsighted stop-and-go 
strategy of this Republican operation. Now is the time for teacher 
contracts to be signed, now is the time for cities to submit their 
school budgets, now is the time for kids to make decisions about what 
colleges they want to go to. But they cannot do that, because you are 
messing around with their funding and messing around with their lives.
  Now, we all know that the President is not going to accept these 
extreme cuts. He understands that education needs to be a top priority. 
In order to force through your extreme agenda, you are willing to hang 
American schools, families and communities out to dry.
  I say the American people deserve better. At a time when paychecks 
are falling, parents across this country are working hard, sometimes 
two, three jobs, to give their kids a better life. They understand that 
the key to that, the key to mobility and progression to a better life 
is a good education. They deserve a break, they deserve a government 
that is on their side, they do not need a Congress to stand in their 
way.
  That is exactly what this bill does. I urge my colleagues, vote no on 
this bill, work with us to fully fund education, and help us give the 
kids the opportunity they need to be successful today in this 
competitive economy of ours.
  Mr. LIVINGSTON. Mr. Chairman, I am delighted to yield 4 minutes to 
the gentleman from Illinois [Mr. Porter], the chairman of the 
Subcommittee on Labor, Health and Human Services, and Education.
  (Mr. PORTER asked and was given permission to revise and extend his 
remarks.)
  Mr. PORTER. Mr. Chairman, I thank my chairman for yielding me time.
  Mr. Chairman, this system of ours requires us to find common ground 
if we are to get anything done. Obviously from the very beginning, we 
have understood that there are priorities on this side of the aisle and 
priorities on that side of the aisle that would not necessarily agree. 
But we have said from the very beginning and understand the need to 
accommodate the President's and the minority's priorities, and we have 
only said that all we require of them is that they do that within a 
framework of fiscal responsibility where we work together over

[[Page H1841]]

the next 7 years with real figures toward a balanced budget, and that 
we do it without tax increases. That is not too much to ask of the 
President or the minority.
  We stand here today with this legislation and say to the minority and 
to the President, we are willing to accommodate your priorities in this 
bill. We are willing to make increases in discretionary spending, if 
only you will tell us where you want to get the money from. Not from 
tax increases, not from phony accounts or from phony numbers, but from 
real accounts and real numbers, and we will accommodate it.
  The President has steadfastly refused to responsibly come forward 
with any suggestion in that regard that is worth anything, and what he 
has most refused to do is to come to grips with the reality that we 
will never get the budget into balance unless we restrain the rate of 
increase, not cut, restrain the rate of increase in the entitlement 
program. If the President will come forward now and will say to the 
Congress that he is willing to do that in a responsible manner, then we 
will obviously accommodate his priorities in the spending.
  We have done a better job I think in the Labor-HHS section of this 
bill, in this rendition, because we do have $1 billion more to work 
with. We have put some of that money toward helping AIDS patients by 
putting $52 million in support of the provisions for new drugs for low-
income patients. We believe that is a priority and it ought to be 
funded, and we are doing so.
  We have put in more money for Head Start, the level funded to the 
1995 funding level. We have not, however, put in any money for Goals 
2000. Why? Because while this is an important initiative, there is no 
reason whatsoever in the world to spend over $1 billion a year on it to 
bribe States to do what they are already doing with their own funds. It 
is not money that gives a better education to kids. It is merely money 
to encourage States to do something they are already doing. It is 
unnecessary spending.
  The gentleman from Michigan [Mr. Bonior] talked about title I, 
education for the disadvantaged. There is no evidence whatsoever that 
the program is doing anything to help low income kids achieve better, 
and, in fact, there is some evidence that it is actually retrogressive.
  Why would we want to pour more money into a failed program? It is 
time to reinvent the program and make it work. It is time to do that 
with all the spending for our Government, to make Government work 
better for people. Let me tell you, there are many, many programs that 
have failed. Title I is one. Welfare is another. It is time we reinvent 
them and make them work better for people.
  It is time also we get rid of the heavy hand of bureaucracy. Two 
hundred forty programs in the Department of Education, 760 education 
programs spread all across the Government, each with their own director 
and each with their own staff wasting taxpayer money, is not the idea. 
We have to make this Government work better for people. This bill aims 
us in the right direction.
  Mr. Chairman, I am proud today to support the Balanced Budget 
Downpayment Act, part 2 and specifically the provisions relating to the 
jurisdiction of the Subcommittee on Labor, Health and Human Services, 
Education and Related Agencies which I chair. This section achieves two 
important--and seemingly contradictory--goals. First, it continues our 
commitment to setting priorities: To increasing funding programs which 
work, which represent a national commitment or advance a national 
interest while, at the same time, carrying out our goal of a balanced 
budget. Second, and I want to make this point very clear, it also 
represents a substantial movement toward the President in many areas 
and represents a very real attempt to begin the process of negotiation 
that will hopefully result in a final compromise.
  As man of you know, Chairman Specter and I have been meeting since 
soon after the Senate bill was reported and the vast majority of the 
provisions of the Labor-HHS sections reflect the agreements made 
between us. I want to commend Senator Specter and his find staff for 
the many hours of work that are reflected in the provisions of this 
bill. I also want to thank the members of the subcommittee for their 
patience during this extraordinary process that has lasted for so long. 
Of course, there remain a number of outstanding issues that will need 
to be reconciled in conference.


                        the labor-hhs provisions

  This provision continues our commitment to funding high-priority 
programs while reducing or eliminating failed programs or those that 
serve only a narrow constituency. Some 128 programs are terminated in 
our section of the bill and, overall, this section reduces 
discretionary funding for the programs within our jurisdiction by $5.2 
billion.


                          department of labor

  The Department of Labor provisions in this bill include a total of $8 
billion for discretionary spending.
  No funds are included for the summer youth jobs program. No funds 
were included in the original House bill or in the Senate committee 
bill. Let me remind my fellow Members that if we are in the business of 
providing a general subsidy for employing young people, then this is a 
good program. If the purpose is to help improve the long-term 
employability of young people, then the program has failed by the 
Department's own admission, and we should not fund it.
  For OSHA total funding is $280 million; this is a 10-percent cut from 
fiscal year 1995. The House originally had a 15-percent cut. The 
funding continues our emphasis on moving the agency toward assisting 
companies in complying with worker safety requirements. Compliance 
assistance is increased by 19 percent while enforcement is curtailed by 
21 percent.


                department of health and human services

  The Labor-HHS provisions include a total discretionary amount for HHS 
of $28.9 billion; the original House bill was $27.8 billion. The fiscal 
year 1995 amount was $29.2 billion.
  I know the Ryan White Program is important to many Members. We 
continued funding for title I, which provides grants to cities for the 
care and treatment of AIDS patients at the same levels as passed the 
House.
  I know that many members have been concerned by the inability of the 
Health Care Financing Administration to carry out initial 
certifications of new health care facilities. The result was new 
facilities standing idle. This bill makes small changes in the survey 
and certification requirements to free up funds to allow HCFA to begin 
these certifications. In this regard, I would like to thank Chairman 
Archer and Bliley and Chairman Thomas and Bilirakis for their 
cooperation and support in allowing us to carry this provision on H.R. 
3019.
  The Labor-HHS provisions include an increase of $14 million over the 
House bill for rural health including funding for the Office of Rural 
Health Care Policy.
  Head Start funding is increased to last year's level of $3.5 billion. 
Here, too, I would caution Members that next year will be a very 
difficult year. This program, while enjoying broad support, can provide 
precious little in the way of evaluations that show that Head Start 
actually improves educational success. It will be difficult to continue 
funding at these levels without such proof.


                        department of education

  The Labor-HHS section includes a total discretionary amount for the 
Department of Education of $23.6 billion; the original House bill was 
$23.2 billion.
  The Labor HHS title includes no funding for Goals 2000. A survey by 
the Council of State Chief School Officers conducted just after the 
passage of Goals indicated most States already had curriculim content 
and pupil performance standards under development.
  Since this program is a high priority for the President and Secretary 
Riley, we have provided funding at last year's level in the contingency 
funding title.
  Education for the Disadvantaged, title I, remains at the House 
levels. I know that there has been much discussion over funding of 
Education for the Disadvantaged with the administration circulating 
information on the reductions in funding projected for each State and 
district. Let me remind Members that title I is most definitely not a 
general subsidy for disadvantaged schools. Its primary purpose is not 
to increase spending, hire teachers, or buy equipment. Its purpose is 
to improve the performance of disadvantaged students and there is no 
evidence that it is successful. The most recent national assessment--
published by the Department of Education--indicated that the program 
``. . . Does not appear to be helping close the learning gap.''
  I am also concerned that this program sends funds to over 90 percent 
of the school districts in America. In fact, almost one-half 
billion. dollars is distributed to the 100 richest counties with per-
capita income of $24,000 to $49,000.

  In spite of my concerns, in order to accommodate the President, we 
have included an additional $961 million in the contingency funding 
title with over half of the additional funds focused on the most 
disadvantaged districts.
  The bill assures that Impact Aid will receive the same level of 
funding this year as in fiscal year 1995. This title provides $693 
million for the program. When combined with the $35 million for Impact 
Aid in the Defense bill, a total of $728 million will be available the 
same as last year.

[[Page H1842]]

  For Special Education, the State grants portion is funded at last 
year's level and all of the ``Discretionary'' programs are funded at 
levels included in the Senate reported version of the Labor-HHS bill.
  The Pell Grant maximum remains at $2,440, the highest level ever and 
the largest single year increase.
  Safe and Drug Free Schools is funded at the House level based on the 
many other funding sources for drug abuse prevention and treatment. 
Again, this is a program that distributes funds to over 96 percent of 
school districts, independent of need or wealth, with many small school 
districts receiving only a few hundred dollars--hardly enough to impact 
on drug abuse. For those who would decry the decrease in funding I 
would ask, Why has there been no national evaluation during the history 
of the program? Why should we spend several hundred million dollars in 
education for drug abuse treatment when the bill also provides $1.2 
billion on a substance abuse block grant in HHS, $145 million in the 
Preventive Health Block Grant.
  Does each institution get its own drug abuse program or are we going 
to force administrators to focus on the most effective programs serving 
the most needy populations?


                       title iv, related agencies

  CPB--The omnibus bill contains a $250 million advance appropriation 
for 1998, a $10 million reduction from the 1997 level and is the same 
as the authorized level contained in the Public Broadcasting Self-
Sufficiency Act.
  In closing, Mr. Chairman, I am including in the Record a table 
reflecting the program level funding detail in the bill and a second 
chart indicating the amounts made available in the contingency title.
  Finally, I want to make it clear to the departments and agencies 
covered by the Labor-HHS-Education bill that it is the intent of the 
committee that the original House committee report on H.R. 2127--House 
Report No. 104-209--is still applicable to the bill that we are 
considering today--H.R. 3019. With certain obvious exceptions where 
numbers have changed, that report still represents the position of the 
committee and we fully expect the departments and agencies to comply 
with the directions and guidance contained in it. In addition, any 
House floor colloquies that were conducted with respect to H.R. 2127 on 
August 2 and 3, 1995, are also still applicable to funds provided in 
this bill today. I am also including additional guidance for the 
departments and agencies as part of my extended remarks.

 Statement of Chairman John Porter, Subcommittee on Labor, Health and 
 Human Services, Education and Related Agencies--Additional Views and 
                             Clarifications


                          department of labor

             Occupational Safety and Health Administration

       With respect to the Occupational Safety and Health 
     Administration, the bill includes $280,000,000; this is a 
     reduction of $31,660,000, or 10 percent, below the FY 1995 
     level. The Federal enforcement activity has been reduced by 
     21 percent below last year. This funding strategy attempts to 
     redirect OSHA's emphasis from enforcement by the book to a 
     compliance assistance mode and I am encouraged that the 
     Assistant Secretary for OSHA, Joe Dear, is attempting to move 
     the OSHA bureaucracy in a common sense direction. I am trying 
     to help him by rearranging the budget to shift funds from 
     enforcement to compliance assistance. The funding for 
     compliance assistance activities has been increased by 19 
     percent over last year and I encourage him to continue and 
     intensify his agency reinvention efforts. These efforts will 
     become especially important as the agency is downsized. 
     Increased emphasis should be place on the Voluntary 
     Protection Program which seems to be an effective initiative 
     that deserves to be expanded.


                department of health and human services

              Health Resources and Services Administration

       Relating to the funds provided to the Health Resources and 
     Services Administration, I am supportive of the efforts of 
     the Departments of Education and Health and Human Services 
     (in the Maternal and Child Health Bureau) to achieve the year 
     2000 goal of being able to universally screen newborns for 
     hearing impairments. However, there is concern that the 
     Departments' efforts to date in pursuing this goal have been 
     focused on the use and development of only one available 
     screening technology. The Department is encouraged to award 
     future grants in a balanced fashion intended to evaluate and 
     incorporate use of all existing, proven technologies.

                     National Institutes of Health

       With regard to the funds that were provided for the 
     National Institutes of Health in P.L. 104-91, for the 
     National Cancer Institute (NCI), translational research in 
     moving research advances from the bench to the bedside is an 
     important initiative. NCI is encouraged to enhance existing 
     translational research opportunities, such as the current 
     leukemia and related cancers translational research 
     initiative, in order to speed the development and delivery of 
     more effective treatments for patients. I continue to support 
     clinical trials at NCI designated clinical centers.

                     National Institutes of Health

       With regard to the Office of the Director of the National 
     Institutes of Health, I concur with the Senate recommendation 
     that the Director consider developing an initiative for basic 
     and clinical research on neurodegenerative diseases, among 
     them Alzheimer's and Parkinson's diseases.

            Substance Abuse and Mental Health Administration

       Pursuant to previously enacted authorizing statutes, the 
     bill provides funding for three consolidated demonstration 
     programs of mental health, substance abuse prevention and 
     substance abuse treatment. For substance abuse treatment 
     demonstrations, the bill provides $90 million as opposed to 
     the $141,889,000 provided for consolidated mental health and 
     substance abuse demonstrations provided in the House version 
     of H.R. 2127. Any grant issued under this appropriation 
     should contain the following elements: (1) demonstration of 
     grantee's ability and intention to sustain programs, if 
     demonstrated to be successful, following termination of the 
     federal grant, and (2) a plan to measure and publicly report 
     outcomes relating to the grantee's stated goals including the 
     incidence of substance abuse among individuals served.
       The bill also provides $90 million for substance abuse 
     prevention demonstrations. Any grant issued under this 
     appropriation should contain the following elements: (1) a 
     commitment to develop and implement a coordinated plan for 
     reducing substance abuse through prevention, treatment, 
     public awareness and law enforcement that involves schools, 
     parents, law enforcement, treatment, business, and community 
     organizations, (2) a commitment to match a substantial 
     percentage of federal funds, whether in cash or in kind, from 
     nonfederal sources, (3) demonstration of grantee's ability 
     and intention to sustain services, if demonstrated to be 
     successful, following termination of the federal grant, and 
     (4) a plan to measure and publicly report outcomes relating 
     to the grantees' stated goals and the incidence of substance 
     abuse and criminal activity in the communities served, 
     according to common national indicators and evaluation 
     prototol.

                  Health Care Financing Administration

       The Health Care Financing Administration should review and, 
     if necessary, revise its current regulations pertaining to 
     rescreening of cytology slides under the quality control 
     procedures established in the Clinical Laboratory Improvement 
     Act to clarify that automated cytology devices approved by 
     the Food and Drug Administration satisfy the requirements of 
     the Act.

                     Refugee and Entrant Assistance

       The bill contains $397,872,000 for Refugee and Entrant 
     Assistance programs including $258,273,000 for transitional 
     and medical assistance sufficient to continue the current 
     policy of paying 8 months of benefits and $2,700,000 for 
     preventive health activities. Preventive health funding for 
     overseas health screening activities have not been included 
     in the bill. The remaining funding can be expended for local 
     preventive health activities to be administered in accord 
     with the Department's recently promulgated protocol for newly 
     arriving refugees. It is not the intention of these funding 
     strategies to limit the Secretary's discretion to determine 
     which Departmental agency should administer this program.

                    General Departmental Management

       The bill includes $143,127,000 for the General Department 
     Management account in the Office of the Secretary; this is a 
     reduction of $29,752,000 from the comparable appropriation 
     for FY 1995. The reduction is accounted for by the fact that 
     the Office of the Assistant Secretary for Health is not 
     funded separately in FY 1996; it has been eliminated as a 
     separate office and some of the funds and personnel 
     transferred to the Office of the Secretary.
       The Office of Public Health and Science should be a very 
     lean operation. This Office contains the remnants of the old 
     OASH. Although the Office of Research integrity and the 
     Office of Emergency Preparedness are not funded as line 
     items, they should be continued within the Department. There 
     is concern about possible duplication and overlap between the 
     immediate Office of the Assistant Secretary for Health and 
     the Office of the Assistant Secretary for Planning and 
     Evaluation. The Secetary should exercise careful oversight of 
     these two offices to ensure that there is no duplication of 
     effort.


                        DEPARTMENT OF EDUCATION

                               Impact Aid

       The bill provides $693,000,000 for the Impact Aid Account, 
     an increase of $48,000,000 above the amount provided in H.R. 
     2127. This amount, in combination with the $35,000,000 
     provided for Impact Aid in the 1996 Defense Appropriation, 
     provides the same level of funding for Impact Aid in 1996 as 
     was provided in 1995.

               National Technical Institute for the Deaf

       The National Technical Institute for the Deaf is to be 
     complimented for the many difficult decisions it has taken to 
     reduce operating costs and increase efficiency, and we 
     commend NTID's example to the attention of other federally-
     supported postsecondary institutions.

                              Pell Grants

       The bill provides $5,423,331,000 for the Pell Grant 
     program. When combined with

[[Page H1843]]

     $1,304,000,000 in previously appropriated carryover funding, 
     the bill provides an increase of $571,982,000 over the amount 
     appropriated in 1995. In addition, the bill establishes a 
     maximum grant of $2,440, the highest maximum grant ever and a 
     $100 increase over the 1995 maximum grant.

       Office of Special Education and Rehabilitative Technology

       While I am very supportive of the efforts of the 
     Departments of Education and Health and Human Services to 
     achieve the year 2000 goal of being able to provide universal 
     screening of newborns for hearing impairments, there is 
     significant concern that the Departments' efforts in pursuing 
     this goal have been focused on the use and development of 
     only one available screening technology. The Departments 
     should assure that funds are awarded in a balanced fashion 
     intended to evaluate and incorporate all existing, proven 
     technologies, with particular emphasis placed on American 
     made and developed technologies.

             Office of Educational Research and Improvement

       Funds are specifically included in the Fund for the 
     Improvement of Education within the Office of Educational 
     Research and Improvement to support field testing of the 
     Third International Mathematics and Science Study (TIMSS).

             Office of Educational Research and Improvement

       Funds are included in the Fund for the Improvement of 
     Education for model programs involving public-private 
     partnerships between cultural institutions, institutions of 
     higher learning, and local educational agencies for the 
     improvement of music education in public school systems and 
     the infusion of music into traditional curricula. Priority 
     should be given to existing partnerships with demonstrated 
     ability to improve music education.

             Office of Educational Research and Improvement

       Within the funds provided to the Office of Educational 
     Research and Improvement are funds to support the National 
     Mentoring Coalition's Research and Demonstration Agenda and 
     the Office should give this program a high priority.

      National Institute of Disability and Rehabilitation Research

       Funds are made available for the Regional Head Injury 
     Center Programs within this account. These centers have been 
     extremely productive and have served as a launching pad for 
     many fine programs. These centers stimulate the development 
     of comprehensive programs for the brain injured including a 
     prevention aspect, acute care, acute rehabilitation care, 
     vocational rehabilitation, and a follow-up medical care 
     system. These centers are extremely valuable, perhaps the 
     most valuable program that the federal government has 
     sponsored in rehabilitation in sometime. The Administration 
     should award funds for this program on a fair and competitive 
     basis so that the most appropriate institution(s) are able to 
     maximize the impact of this program.

                           General provisions

       For purposes of Section 305 of the bill, direct 
     administrative expenses of the William D. Ford Direct Loan 
     Program under Part D of the Higher Education Act means the 
     cost of (i) activities related to credit extension, loan 
     origination, loan servicing, management of contractors, and 
     payments to contractors, other government entities, and 
     program participants, (ii) collection of delinquent loans, 
     and (iii) write-off and close-out of loans.

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[[Page H1867]]

  Mr. OBEY. Mr. Chairman, I yield myself 30 seconds.
  Mr. Chairman, the previous speaker indicated the President has not 
indicted any way to pay for his restorations. That is flatly not true. 
I was in a room with the President's staff director. He presented us a 
list of programs, of reductions that would fully pay for everything he 
is asking for. If you do not like his list, produce your own, but do 
not say he has not produced his own list. He has. If you do not know 
it, you ought to.
  Mr. Chairman, I yield 3 minutes to the distinguished gentleman from 
Illinois [Mr. Yates].
  Mr. YATES. Mr. Chairman, I thank the gentleman for yielding me time.
  Mr. Chairman, I address my remarks to the Interior Department part of 
this bill. This bill contains the same unacceptable provisions that the 
first Interior bill contained. My good friend from Louisiana, the 
chairman of the committee, Mr. Livingston, spoke about meeting the 
President halfway with this bill. This bill does not meet the President 
halfway. It does not even get off the starting blocks.
  With respect to the Interior bill, this is the same bill that the 
House twice rejected by recommitting it. It is the same bill that the 
President wisely vetoed. This bill calls for the continuing destruction 
of the Tongass National Forest in Alaska. It mandates increased 
logging. It slashes funds for Native American programs by $325 million. 
It increases the poverty of the Indian community.
  It cuts the Low-Income Weatherization Assistance Programs. It 
contains a moratorium on adding new plants and animals to the 
endangered species list, no matter that some of the animals are on the 
verge of extinction. It still removes the Mojave National Preserve in 
California from the Park Service and gives it to the Bureau of Land 
Management, where it will not receive the same quality of review and 
care. It cuts the National Endowment for the Arts. It cuts our Nation's 
culture to the bone. And it still treats native Americans like second 
class citizens by denying them their legal rights and by desecrating 
their sacred land.
  My good friends in the majority may claim this is a new bill, but the 
fact of the matter is that while some of the deck chairs are being 
rearranged, this bill is still like a sinking ship. I say this bill is 
a terrible bill. It is not even acceptable to the other body, which is 
in the process of passing its own bill.
  Mr. Chairman, it is time that we gave up the ghost. The fiscal 1996 
Interior bill the Republicans tried to ram through is dead. It will not 
pass. It cannot be brought back to life. Instead of trying to revive 
this antienvironment bill, the Nation would be better served if we 
simply passed a clean CR for the rest of the year, free of extraneous 
riders, and turned our attention to the 1997 budget.
  Mr. Chairman, I urge my colleagues to vote against this bill.
  Mr. OBEY. Mr. Chairman, I yield 1 minute to the gentleman from 
Michigan [Mr. Levin].
  (Mr. LEVIN asked and was given permission to revise and extend his 
remarks.)
  Mr. LEVIN. Mr. Chairman, the chairman of the committee called this a 
wrap-up bill. I am afraid in certain respects it is closer to a 
meltdown bill.
  Let me say a word about title I. When it was last reauthorized, 
problems in that program were addressed. I was at a title I program on 
Monday. The teachers, everybody involved, said what a wonderful asset 
title I was to the children in that classroom, a very middle-America 
kind of classroom. Kids were getting help with reading and with math.
  There is talk here about economic insecurity, but what this bill does 
is to cut training and retraining programs. There is talk about 
physical security for our citizens. This cuts community policing 
programs and also veterans programs.
  The era of big government is over, but the answer is not an era of 
extremism. We must balance the budget in the right way. This bill does 
it in the wrong way.
  Mr. OBEY. Mr. Chairman, I yield myself 1\1/4\ minutes.
  Mr. Chairman, again this bill is being offered as a bill which is 
trying to move the process forward and help resolve remaining 
differences between the White House and the Congress. I have already 
described why that is not so, but I have another example.
  I have just been handed a 5 page set of instructions which evidently 
the subcommittee chair for the Labor, Health and Education bill plans 
to insert in the Record, providing detailed instructions on how the 
money that is supposedly in this bill is supposed to be spent.
  We have never seen this until just a few moments ago. It makes some 
policy changes. It redirects funds and creates greater likelihood that 
they will go to some contractors rather than others. It just seems to 
me that if they are trying to minimize the differences between the 
White House and themselves on this issue, this is a mighty strange 
process to go through in that effort.
  Mr. LIVINGSTON. Mr. Chairman, I yield 3 minutes to the gentleman from 
Florida [Mr. Young], the distinguished chairman of the Subcommittee on 
National Security.
  Mr. YOUNG of Florida. Mr. Chairman, let me take just a few minutes to 
discuss chapter 4 of title II, which is the defense supplemental to pay 
for the Bosnia deployment. As all of us are aware, many Members in this 
House disagreed with the President and the administration when they 
decided to send United States troops to Bosnia. We voted several times 
on the House floor giving that indication to the White House, that we 
did not want American troops to go to Bosnia.
  Nevertheless, the President made the decision, the troops were 
deployed, and they are serving in Bosnia today, and they are serving 
with great distinction, as they always do.

                              {time}  1415

  But now that the deployment has been made, we have to pay for it, and 
we are here with a strong commitment to make the necessary payments to 
provide our troops with whatever it is they need to do their mission 
and to give themselves some protection at the same time.
  In the beginning it was estimated the Bosnia deployment would cost 
the taxpayers about $1\1/2\ billion. Now we are talking about $2\1/2\ 
billion, and in the opinion of this Member it is even going to be 
higher than that, but nevertheless we are going to deal with those 
costs.
  We have already dealt with phase one of a three-phase program to pay 
for the Bosnia deployment. That was a major reprogramming, which our 
committee approved last month.
  Today we deal with phase two, this supplemental we have recommended 
more than the President asked for because we determine that he actually 
needed more at this point in order to pay for what is going on in 
Bosnia. The gentleman from Louisiana [Mr. Livingston] said that we were 
meeting the President halfway on this bill. In the area of national 
defense and the Bosnia deployment, we are meeting him 125 percent of 
the way because we increased his request for $620 million to $820 
million. I will submit a detailed statement as to exactly what those 
funds are to be used for.
  Now, Mr. Chairman, we are very committed to providing our troops, 
wherever they might be, whatever they need to accomplish their mission 
and to protect themselves while they are doing it. But we want to 
deliver another message as strongly as we can. The Department of 
Defense funding, money appropriated to provide for our national 
defense, is not going become a bank for other agencies' operations, 
although we may support those operations. I say that because part of 
the President's request was to have the Department of Defense provide 
an additional $200 million in offsets for what I would describe briefly 
as a foreign aid program for Bosnia after U.S. troops leave. We 
resisted that strongly, and we were successful, and that $200 million 
will not come from Department of Defense funds.
  Mr. Chairman, the chairman of the committee will ask in the House for 
permission to revise and extend and include tabular material, and I 
would like to insert a detailed explanation of how these funds will be 
used and tabular material following my comments at this point in the 
Record. The chairman will ask for that permission when we go back into 
the House.
  With that, let me say God bless our troops in Bosnia. We will do 
everything

[[Page H1868]]

we can to provide them what they need.
  Mr. Chairman, I rise to provide a brief explanation of those items 
under the jurisdiction of the Subcommittee on National Security in H.R. 
3019.
  Title II of this bill contains funding for a number of programs 
related to international peacekeeping activities. Chapter IV of this 
title provides a total of $782.5 million in emergency supplemental 
appropriations for the Department of Defense to finance unfunded costs 
resulting from the NATO-led Bosnia Peace Implementation Force [IFOR] 
and Operation Deny Flight. In conjunction with $37.5 million provided 
to the Department for Bosnia-related military construction costs in 
chapter III, H.R. 3019 contains a total of $820 million for Department 
of Defense costs stemming from the Bosnia operation. These supplemental 
appropriations are totally offset by $820 rescissions of previously 
appropriated Department of Defense funds identified by the Secretary of 
Defense as excess to requirements. Additional rescissions of $70 
million have been included to offset funding in chapter II associated 
with the transfer of F-16 aircraft to the Government of Jordan.
  The President has requested supplemental funding to replenish the 
Military Services' military personnel and operation and maintenance 
accounts for costs incurred due to the Bosnia deployment. Without these 
funds the Services will be forced to absorb the costs, forcing steps 
which will degrade military readiness and quality of life programs such 
as delaying promotions and personnel moves and canceling exercises and 
training operations.
  This supplemental represents the second phase of the Department of 
Defense's plan to finance the cost of the Bosnia deployment. On January 
21, 1996, the Department submitted a reprogramming request to the 
congressional defense committees for other Bosnia-related costs in the 
amount of $991 million, offset by an equal amount available due to 
revised inflation assumptions regarding programs in the fiscal year 
1996 Department of Defense Appropriations Act. The Committee on 
Appropriations has been advised the Department will submit a second 
reprogramming action in the near future to cover any remaining 
incremental fiscal year 1996 costs from the Bosnia deployment and other 
unfunded contingency operations.
  The President requested a total of $620 million in supplemental 
appropriations for Bosnia-related defense costs. The additional $200 
million provided in this bill is for military personnel and logistics 
support costs identified subsequent to the President's submission.
  The following table provides details of the appropriations in 
Chapters III and IV:

   FISCAL YEAR 1996 DEPARTMENT OF DEFENSE, SUPPLEMENTAL APPROPRIATIONS  
                                 REQUEST                                
                        [In thousands of dollars]                       
------------------------------------------------------------------------
                                                   House                
          Appropriations            Request   recommendation    Change  
------------------------------------------------------------------------
        MILITARY PERSONNEL                                              
                                                                        
Military Personnel, Army.........    244,400       262,200       +17,800
Military Personnel, Navy.........     11,700        11,800          +100
Military Personnel, Marine Corps.      2,600         2,700          +100
Military Personnel, Air Force....     27,300        33,700        +6,400
                                  --------------------------------------
    Total, military personnel....    286,000       310,400       +24,400
                                  ======================================
                                                                        
    OPERATION AND MAINTENANCE                                           
                                                                        
Operation and maintenance, Army..     48,200       235,200      +187,000
Operation and maintenance, Marine                                       
 Corps...........................        900           900    ..........
Operation and maintenance, Air                                          
 Force...........................    141,600       130,200       -11,400
Operation and maintenance,                                              
 Defense-wide....................     79,800        79,800    ..........
                                  --------------------------------------
    Total, operation and                                                
     maintenance,................    270,500       446,100      +175,600
Procurement: Other Procurement,                                         
 Air Force.......................     26,000        26,000    ..........
Military Construction: NATO                                             
 Security Investment.............     37,500        37,500    ..........
                                  ======================================
    Grand Total..................    620,000       820,000      +200,000
------------------------------------------------------------------------

  Mr. YOUNG of Florida. The total of $310 million for military 
personnel includes additional incremental costs for pay and allowances 
for active duty and reserve personnel deployed in support of the Bosnia 
operation. Such costs include basic allowance for subsistence, imminent 
danger pay, family separation allowance and foreign duty pay.
  The total of $446.1 million for operation and maintenance is for 
additional incremental costs for unit operations, transportation, 
logistics, consumable supplies, fuel and spare parts in support of IFOR 
and operation deny flight.
  The committee notes with concern emerging trends associated with the 
expenses of logistical and other support for U.S. ground forces in the 
IFOR area of operations, particularly in the area of contractor-
provided logistics support [LOGCAP]. These costs have risen 
considerably beyond initial estimates. While recognizing the need to 
provide essential resources to U.S. troops in support of IFOR, the 
committee expects the Department of Defense to live up to its recent 
commitment to controlling any further cost growth.
  Mr. OBEY. Mr. Chairman, I yield myself 1 minute.
  Mr. Chairman, let me simply make one point in response to what the 
gentleman said with respect to the troops in Bosnia. I certainly want 
to join in the salute to them. The chairman of the committee, Mr. 
Livingston, and I accompanied the President to Bosnia to review the 
troops just a very short period of time ago, and I must say that I was 
deeply impressed by the degree of commitment that those young people 
have. They feel that they have a job to do, and they are proud of it, 
and they are proud of the way they are doing it. They have every right 
to be proud of it. They are working in some places in very tough 
conditions and very tough working circumstances, but they feel that 
they are doing something that is going to benefit the region and this 
country, and we owe each and every one of them our thanks and 
congratulations.
  Mr. Chairman, I yield 6 minutes to the gentleman from West Virginia 
[Mr. Mollohan].
  Mr. MOLLOHAN. Mr. Chairman, here we go again, I rise today to speak 
to that portion of the bill that deals with appropriations for the 
Departments of Commerce, State, Justice, Judiciary, and related 
agencies. I can only imagine, as I rise, that the Republican leadership 
is a bit uneasy about this, if not embarrassed, to still be dealing 
with last year's legislative business. This appropriations measure is 
159 days late. That is, it has been 159 days since the beginning of 
fiscal year 1996, and the majority still has not passed all of the 
appropriation bills. This Congress has not yet gotten last year's 
business completed.
  We have got to get on with last year's appropriations bills, Mr. 
Chairman, or we are going to be another year behind.
  This, my colleagues, is a process gone awry and clearly shows bad 
process impacting substance. It is no way to run a railroad, let alone 
a legislative body.
  Specifically, this bill falls short of providing the resources for 
the United States to maintain its competitive and technological edge. 
If we are to remain competitive in the new world economy, we must be at 
the forefront in technological research and development. This bill 
slashes nondefense technological investment by eliminating funds for 
the Advanced Technology Program. In case my colleagues did not know it, 
Japan is very close to spending more money than the United States in 
absolute terms on research and development. Now that is a scary 
thought.
  Additionally, this bill forces the United States to renege, to renege 
on its international commitments, including peacekeeping commitments. 
This is irresponsible international citizenship. Last year the 
gentleman from Kentucky [Mr. Rogers] was instrumental in providing 
leadership in the area of the United Nations reform and improvement. We 
all agreed that that had to be done. Because of Chairman Mr. Rogers' 
efforts an inspector general position is in place in the United 
Nations.
  Real progress is being made. Let us not impede the gains we have 
already made in this area, let us not be a piker. The United States 
made in this area, let us not be a piker. The United States must pay 
its bills. Let us fund peacekeeping.
  Lastly, Mr. Chairman, this continuing resolution kills the Cops on 
the Beat Program, kills the Cops on the Beat Program. President Clinton 
told the American people that he would help communities fight crime. He 
fulfilled that commitment. He proposed the COPS Program. It started in 
October 1994. In that short time period over 33,000 federally funded 
police officers are out in our communities serving 87 percent of the 
American public. The COPS Program is working both in urban and rural 
communities. Chicago, Atlantic City, Tampa, New Orleans, San Antonio, 
Las Vegas are just a few of the places where crime rates are down. 
Numerous police organizations and civic groups support the COPS 
Program, and so do communities all across this Nation. Proof lies in 
the fact that from 47 States, Mr. Chairman, representing 2,332 
jurisdictions, are currently pending applications for COPS

[[Page H1869]]

Program participation. Another 7,765 officers could be on the beat now 
if this legislation did not kill the COPS Program, and we could be 
adding another 30,000 cops to the beat in this next year. But the COPS 
Program under this legislation is killed.
  Mr. Chairman, we have got to ask why, why kill a program that is 
clearly working and that is clearly in demand. Is it because the COPS 
Program was brought to fruition by President Clinton? Is it because the 
majority did not create the COPS Program? Mr. Chairman, I do not know 
the answer to that, I do not know the reason, but I do know that the 
program is working all over this Nation, and I do know that the 
majority is trying to destroy it, and I do know that they have sought 
to replace it with an unfocused program called Local Law Enforcement 
Block Grant Program.

  Knowing, that, how can our colleagues expect the President to sign 
this bill? We know he cannot. He is committed to helping local 
communities fight crime. The COPS Program works. Our colleagues kill it 
in this legislation; he cannot fund it.
  In summary, let us get down to business. Let us keep the politics out 
of this bill.
  Mr. LIVINGSTON. Mr. Chairman, I yield 2 minutes to the distinguished 
gentleman from Kentucky [Mr. Rogers].
  Mr. ROGERS. Mr. Chairman, I was not going to speak until my colleague 
on the subcommittee brought up some very touchy points. Now there is 
money in this bill for the Advanced Technology Program, as the 
gentleman well knows. There is money in title IV, $100 million for the 
Advanced Technology Program. All they've got to do is find offsets in 
other spending to pay for it, and it is there. The President can have 
the money just like that by signing this bill and finding the offsets.
  No. 2, this Congress has said heretofore under our leadership, that 
we are going to reduce the rate of U.N. peacekeeping assessment from 31 
percent of the total that the United States has to pay to 25 percent. 
Unilaterally, we said that. There is money in this bill for that as 
well, to pay practically the 25 percent that we obligated ourselves to 
pay, provided the President finds offsets so there is not a deficit 
spending situation. That is all he has to do. The money is in this bill 
in title IV for that very purpose.
  Now COPS. We have debated this thing how many times this year? I 
think this is the fifth or sixth time we will have voted on this issue. 
Every time the Congress says it is a waste of money, and instead, let 
us fund the block grants to the local communities so they can have a 
say-so about how the money is spent, and yet they simply will not go 
along down at the White House. This is not a debate over putting more 
police on the streets. We have $1.9 billion in this bill for cops on 
the beat or other purposes that the local communities may want to put 
in.
  I will tell my colleagues what is wrong. According to the GAO, half 
the localities in America cannot afford the 25 percent match that is 
required. We do not require that in our program. Why does the President 
not understand that? These communities cannot afford to match this 
local share. In our bill, in our program, we provide $1.9 billion, and 
communities just do not have the 25-percent local match--it is 10 
percent. Next year the COPS Program costs 50 percent, and the fourth 
year 100 percent. We charge 10 percent.
  This is a good bill; I urge its support.
  Mr. OBEY. Mr. Chairman, I yield such time as he may consume to the 
gentleman from California [Mr. Miller].
  (Mr. MILLER of California asked and was given permission to revise 
and extend his remarks.)
  Mr. MILLER of California. Mr. Chairman, I rise in strong opposition 
to this legislation. The interior appropriations language alone is 
reason enough for the President to again use his veto pen.
  I could, and do, criticize the Republican leadership for failing to 
provide the House with adequate time to review this bill, which 
contains many drastic policy changes in our historic approach to 
protecting the environment and managing natural resources. I could, and 
do, object, as the senior Democrat on the Resources Committee, to 
nearly half the Committee being excluded from the bill-writing process, 
even though much of the bill affects our jurisdiction.
  But this bill really presents a problem of substance, not process. 
With a few superficial changes, this is the same Interior bill that the 
President was right to veto last December. This bill, as Yogi Berra 
once said, is deja vu all over again.

  A flawed management plan is still imposed on the Tongass National 
Forest, but for 1 year instead of 2. The bill still interferes with the 
judicial process, waiving environmental laws which were violated in 
past timber sales, despite a negotiated settlement pending before the 
court. Other offensive legislative riders remain as well, such as the 
one gutting the Mojave Desert National Preserve.
  The bill is riddled with punitive provisions which have little or 
nothing to do with the budget and everything to do with 
antienvironmental policies.
  While the people and programs which are dedicated to protecting and 
preserving the environment are made to protecting and preserving the 
environment are made to suffer disproportionate cuts, the special 
interests who want to profit at taxpayer expense, like the timber 
companies, get what they want from the Republicans.
  If the extreme, antienvironmental Republican leadership persists in 
forcing this legislation through the Congress, they will produce yet 
another shutdown of the Federal Government. We saw what happened the 
last time the Republicans chose to inflict the pain of Government 
shutdown on the American people. The Democratic task force just held a 
hearing at which we heard the devastating impact of the past 
Republican-inspired shutdowns on our ability to enforce the laws 
protecting our environment and to prosecute those who blatantly ignore 
the laws on clear air, clean water, toxics, and natural resources. Do 
we want a repeat of that debacle?
  Mr. OBEY. Mr. Chairman, I yield 1 minute to the distinguished 
gentleman from West Virginia [Mr. Mollohan].
  Mr. MOLLOHAN. Mr. Chairman, I thank the ranking minority member for 
giving me an additional minute. I simply want to respond to my 
distinguished chairman, who I have great admiration for, a point about 
saying that there is money in this bill for the Advanced Technology 
Program, that there is money in this bill for peacekeeping. If there is 
money in this bill, it is funny money, it is more worthless than 
monopoly money. We cannot put money in an appropriations bill. The 
purpose is to appropriate money; it is an action activity; and make it 
contingent upon finding the money. We either have it in the 
appropriations bill or we do not. This appropriations bill does not 
fund peacekeeping, it does not fund the Advanced Technology Program, 
and it does not fund the COPS Program. That kills the COPS Program, and 
that is terribly regrettable and, I think, will guarantee its veto, as 
the majority knows, by the President of the United States.
  Mr. LIVINGSTON. Mr. Chairman, I yield 2 minutes to the distinguished 
gentleman from Alabama [Mr. Callahan].
  (Mr. CALLAHAN asked and was given permission to revise and extend his 
remarks.)
  Mr. CALLAHAN. Mr. Chairman, a delegation of this House went to Bosnia 
last weekend, and we met with the American military leaders in that war 
torn country, and it was unanimous from Admiral Smith to General Nash 
to the head of the 1st Army. Every single military man we talked to, 
who incidentally are doing a magnificent job and who, in my opinion, 
have accomplished the initial part of our mission, and that is to 
create a peace and a division of the warring factions in Bosnia.

                              {time}  1430

  But each and every one of them told us that the only way we are going 
to be successful in withdrawing our troops in a timely fashion is that 
reconstruction moneys be immediately sent. We met with Carl Bildt, the 
Ambassador who is going to handle the civilian side of reconstruction. 
I told Carl Bildt that it is not the responsibility of the United 
States of America to rebuild Bosnia. It is a European problem, and we 
are not going to bear a majority of that load.
  So we are going to put up $200 million or thereabouts in this bill. 
We have insisted that Carl Bildt raise another 80 percent, or $1.2 
billion, from European and other nations. If, indeed, we are going to 
come out of Bosnia successful, and I was one of the ones who encouraged 
the President not to go there, but we did go there and our mission is 
successful so far, and it can be successful to the nth degree if we can 
begin immediately the reconstruction project.
  This is a very small part of this bill that is before us today, but 
it is a very important part of this mission in Bosnia. I urge Members 
to support the bill to include the $197 million that we are going to 
put up as seed money for the $1.5 billion.
  Mr. OBEY. Mr. Chairman, I yield 1 minute to the gentlewoman from New 
York, [Mrs. Lowey].

[[Page H1870]]

  (Mrs. LOWEY asked and was given permission to revise and extend her 
remarks.)
  Mrs. LOWEY. Mr. Chairman, frankly, I do not even understand why we 
are voting on this bill today. It is the same legislation that the 
President has vetoed before. What this legislation does to our schools 
is completely unacceptable. If enacted, this legislation would make the 
largest education cut in the history of our Nation. Let me repeat that. 
This legislation makes the largest education cut in the history of our 
Nation.
  My State of New York will lose $300 million, or 15 percent of its 
Federal education funding, if this legislation is enacted. New York 
City will lose over $67 million in Title I funds alone. In New York 
City, 60,000 schoolchildren will lose basic math and reading 
instruction, 2,700 teaching jobs will be eliminated.
  This bill also, unbelievably, eliminates the summer jobs program. In 
New York City, some 24,000 teens will be left without any meaningful 
employment or the opportunity to earn money. There are simply no State 
or local funds to make up for these cuts in Federal aid without 
increasing property taxes.
  Mr. Chairman, frankly, I do not understand why we are even voting on 
this bill. It's the same legislation that the President has vetoed 
before. What this legislation does to our schools is completely 
unacceptable. If enacted, this legislation would make the largest 
education cut in the history of our Nation. Let me repeat that--this 
legislation makes the largest education cut in the history of our 
Nation.
  My State of New York will lose $300 million or 15 percent of its 
Federal education funding if this legislation is enacted. New York City 
will lose over $67 million in title I funds alone. In New York City, 
60,000 school children will lose basic math and reading instruction. 
Some 2,700 teaching jobs will be eliminated.
  This bill also eliminates the summer jobs program. In New York City 
this summer, 24,000 teens will be left without any meaningful 
employment or the opportunity to earn money.
  There are simply no State or local funds to make up for these cuts in 
Federal aid without increasing property taxes. Is that the Republican 
agenda--to force cities and States to pick up more of the tab? to 
increase local property taxes?
  Mr. Chairman, we should not be considering this legislation today. It 
is an insult to our students, their families, our teachers and our 
schools.
  Mr. LIVINGSTON. Mr. Chairman, I yield 1 minute to the gentleman from 
Alabama [Mr. Bachus].
  (Mr. BACHUS asked and was given permission to revise and extend his 
remarks.)
  Mr. BACHUS. Mr. Chairman, I rise on behalf of myself and my 
colleagues, Mr. Bevill of Alabama and Mrs. Pryce and Mr. Hobson of 
Ohio. Head injuries constitute a very serious public health problem. 
They are the most common cause of death and disability among people 
under the age of 44. Very often, even mild and moderate brain traumas 
can seriously disrupt the academic careers of our young people.
  For several years the Rehabilitation Services Administration has 
supported the activities of six regional head injury centers all of 
which were selected competitively by the Department of Education. At 
this time, two remain active--the Ohio Valley Center based at Ohio 
State University and the Southeastern Regional Center based at the 
University of Alabama at Birmingham.
  These centers help ensure that the latest information and knowledge 
about how to treat and rehabilitate head injuries are translated into 
services that reach victims. They upgrade and coordinate the efforts of 
emergency medical technicians, physicians, vocational rehabilitation 
and other rehabilitation agencies, victims' families, volunteer 
organizations, and others concerned with head injury.
  The Labor, Health and Human Services and Education Subcommittee 
recognized their excellent work in its report, and we are grateful for 
this support.
  I am pleased to report that the Senate made available $1 million to 
enable these two centers to serve as national resources so that the 
progress made by the regional centers would be continued. It is our 
hope that the committee would support this initiative in conference.
  At this time, I would like to address the distinguished chairman of 
the subcommittee on Labor, Health and Human Services, and Education of 
the Committee on Appropriations in a brief colloquy.
  Mr. Chairman, head injuries are the leading cause of death and injury 
to people under the age of 44. I am pleased to report that the Senate 
has made available, and I would like to engage the chairman of the 
Subcommittee on Labor, Health and Human Services, and Education of the 
Committee on Appropriations in a brief colloquy.
  Mr. Chairman, I am pleased to report that the Senate made available 
$1 million to enable these two centers to serve as national resources 
so that the progress made by regional head injury centers could 
continue. It is my hope that our committee would support this 
initiative in conference.
  Mr. PORTER. Mr. Chairman, will the gentleman yield?
  Mr. BACHUS. I yield to the gentleman from Illinois.
  Mr. PORTER. Mr. Chairman, I thank the gentleman for his remarks. I 
can assure him and his colleagues in the Senate that I am fully 
supportive of the Senate recommendation. I support the funding of the 
regional head injury centers, subject, of course, to full competition 
to ensure that the most qualified centers are funded.
  Mr. LIVINGSTON. Mr. Chairman, I yield 1 minute to the distinguished 
gentleman from Michigan [Mr. Knollengerg], a member of the Committee on 
Appropriations.
  Mr. KNOLLENBERG. Mr. Chairman, I thank the gentleman for yielding 
time to me.
  Mr. Chairman, the President announced this morning that he would veto 
the bill in its current form. Apparently it falls, still, $8 billion, 
some say $12 billion, short of quenching his appetite for Government 
spending. The message of the White House seems to be, ``Ignore what we 
said 6 weeks ago. We want the era of big government to continue just a 
little bit longer.'' In fact, the President has indicated that if we 
try to hold him to his State of the Union address and the promise, he 
is going to shut down, I repeat, he is going to shut down government 
again.
  I think it is important that the media and the public understand what 
is happening here. The President wants to spend billions more on 
Government programs. If he does not get it, he will shut down 
government again. It is the same old broken record that we have been 
hearing since the beginning of this debate. I would warn the President, 
shutting down the Government will not reap him political gain, so let 
us stop playing chicken. Instead, let us move forward. We must pass 
this bill and go to conference. The President needs to stop threatening 
a shutdown and start bargaining in good faith.
  Mr. LIVINGSTON. Mr. Chairman, I yield 1 minute to the distinguished 
gentleman from North Carolina [Mr. Heineman].
  Mr. HEINEMAN. Mr. Chairman, I would like to take this time to thank 
the chairman of the committee, the gentleman from Louisiana [Mr. 
Livingston], and the gentleman from California [Mr. Lewis], for 
including in this appropriations funding for a new EPA facility in 
Research Triangle Park. With this bill, the EPA can finally consolidate 
into one facility 11 buildings, 11 rundown buildings that they have 
been operating out of for the past 20 years. These old facilities will 
cost the taxpayers more money than a new building in Research Triangle 
Park. This building is state-of-the-art, and it is the top priority for 
the EPA as far as building is concerned. Critical new research on clean 
air technology will be possible with this facility.
  Let me say to my colleagues, a vote for this bill is a vote for cost-
effective, state-of-the-art environmental research. This is the future 
for our community, our commitment to the environment in America. I 
thank the gentleman, and the people of the United States thank him.
  Mr. LIVINGSTON. Mr. Chairman, I reserve the balance of my time.
  Mr. OBEY. Mr. Chairman, I yield myself 50 seconds to simply note that 
despite the comment of the previous speaker, the President has never 
threatened a shutdown of the Government. That has come over from their 
side of the aisle. It has come from time to time from the very top 
levels of their side of the aisle. The record is pretty clear; the 
President has done everything humanly possible to avoid it.
  I would suggest that the Congress this year has done virtually 
nothing while we are in session, it has done virtually nothing, except 
to take time off to allow Mr. Dole to campaign. Then when we finally do 
come back to work,

[[Page H1871]]

it passes this let's-pretend bill, which is going nowhere and is 
already facing a Presidential veto. That is not my idea of a Congress 
that is serious about its business.
  Mr. Chairman, I yield the balance of my time to the distinguished 
minority leader, the gentleman from Missouri [Mr. Gephardt].
  (Mr. GEPHARDT asked and was given permission to revise and extend his 
remarks.)
  Mr. GEPHARDT. Mr. Chairman, I urge Members to vote against this 
legislation. There is a famous illusionist in America, his name is 
David Copperfield. He would be proud of this bill. This bill is an 
example of illusion. It acts like it is providing funds for education 
and for the environment and lots of other efforts that are needed in 
our country, and desired by people, but it is an illusion, because when 
we read the whole bill we find, and especially with the amendment that 
passed on the floor here today, that these moneys are never going to be 
provided.
  Let us leave the discussion, for the moment, of the bill. Let us talk 
about people in the country. I was in a school in my district last 
week. When I walked in the front door I was surrounded by parents, 
teachers, the principal, and students. They wanted to know why I had 
voted for the last continuing resolution that cut Head Start by 25 
percent and cut chapter I by 25 to 30 percent.
  It is not the program that was important, it was the people that are 
important. They took me in classrooms of their hard-to-teach youngsters 
who could not learn in a setting of 30 children in the traditional 
style, but when they were set in front of a computer with a CD ROM with 
earphones, they turned on and they began to learn. The funding for that 
program was in part, in significant part, put together by chapter I.
  We are talking here today about flesh-and-blood human beings. Look, 
people in the country know the most significant challenge to this 
society is a standard of living, an economic pie in this country, that 
is no longer growing the way it used to grow. We all know that is the 
problem. It was brought out in the Republican Presidential primaries, 
it is brought out to each of us as we meet our constituents every day.
  What people do not want is for us to take away helps and proposals 
that will help them meet this challenge. Every American knows that 
educating our children to be productive citizens in this great 
international marketplace that we are all competitors in today is the 
most important help that the Federal Government can give to local and 
State government and to families and to people.
  So I beg Members today, refuse this legislation. The President is 
going to veto it, for the right reasons, not because he does not want 
to have an appropriation in place, but because it will hurt flesh-and-
blood people, children of this country, that we need to be educating 
and helping the local and private sector work to educate these children 
to be private citizens.
  We can do better than this. Let us turn this piece of legislation 
down. Let us get into the negotiation with the President, as we should 
have been in it months ago, to find an answer to this appropriation 
that he can sign and would be a consensus between the Republican party 
and the Democrat Party to move this country in a positive direction. 
Vote this bill down. Let us get a bill on the floor the President will 
sign and is good for the American people.
  Mr. LIVINGSTON. Mr. Chairman, I yield 15 seconds to the gentleman 
from Pennsylvania [Mr. Goodling].
  Mr. GOODLING. Mr. Chairman, I just wanted to point out to the 
minority whip that the recent problem with processing for free 
applications for student financial aid had nothing to do with the 
Congress of the United States. Simply, the Department did not print or 
distribute the applications in a timely manner, because they were 
sending all of their staff all over the place selling direct lending, 
rather than taking care of their business that they should have been.
  Mr. LIVINGSTON. Mr. Chairman, I yield myself such time as I may 
consume
  (Mr. LIVINGSTON asked and was given permission to revise and extend 
his remarks.)
  Mr. LIVINGSTON. Mr. Chairman, the minority leader said this is a 
matter about people. I agree, and people pay taxes, and they expect the 
United States of America to spend the money they entrust to us wisely. 
What this is about is a misuse of their taxpayers' dollars. We are 
spending more than we receive, and we are attempting to get things 
under control.
  We are succeeding, but the President is not satisfied with what we 
are doing. He wants to continue to hand out taxpayers' money, spend 
more than we receive and we will not let him do it. We are downscaling 
the Government, and we are still providing $14 billion for law 
enforcement, $23 billion for education, $38 billion for veterans' 
benefits, et cetera, et cetera, et cetera.
  Mr. Chairman, this may not be a bill that gives the President as much 
money as he wants, but it gives the American people the benefits they 
need, and at a reasonable price. It is a start. We must complete the 
process by passing this bill, sending it to conference, and sending it 
to the President of the United States, and let him explain to the 
American people why, if we have not given him the $8 billion more over 
the hundreds of billions of dollars that we are giving him, why that is 
not enough. He said, ``This is the era where Big Government ceases to 
exist.'' Let him prove it. Let him sign this bill. I urge Members to 
pass this bill and send it to the Senate and to the conference.
  Mr. CASTLE. Mr. Chairman, reluctantly, I must vote against passage of 
H.R. 3019, the omnibus appropriations bill for fiscal year 1996. I 
support the bill's goal to provide funding for Federal agencies for the 
remainder of fiscal year 1996 at a level consistent with the goal of 
achieving a balanced budget. However, I have several concerns regarding 
the bill and I'd like to elaborate on them.
  First, I object to the inclusion of abortion riders in appropriations 
bills. The rider in this bill, in particular, was grossly unfair to 
poor women who are the victims of rape or incest. Each year, thousands 
of American women are brutally raped, or are the tragic victims of 
incest. Their emotional and physical burdens are compounded when they 
find themselves pregnant as a result. I do not believe that the rights 
of States outweigh the rights of poor, Medicaid-eligible women who are 
pregnant as a result of heinous crimes committed against them, and I 
strongly oppose the language in the bill which would deny a woman the 
right to choose in these instances.
  I oppose the inclusion of the provision to require nonprofit Federal 
grant recipients to report their lobbying expenditures because it is 
unclear whether this will be a burdensome regulatory requirement for 
charities, which typically do not have the personnel resources to 
devote to this. At a time when we are expecting charities to meet 
additional demands, and we are trying to reduce regulatory redtape on 
all sectors of our society, I felt this amendment was contradictory to 
these goals. While there are certainly organizations whose lobbying 
activities should be questioned, this amendment is still too broad and 
would unfairly impact many legitimate charities.
  I also object to the level of funding provided for education. 
Education should be one of our Nation's top priorities, and that simply 
was not reflected in this bill. Education programs would have received 
a $3.3 billion reduction in funding, which is simply too high. I voted 
against the fiscal year 1996 Labor-HHS-Education appropriations bill 
because of the education reductions as well as the abortion language I 
mentioned above. Mr. Chairman, I agree that education programs need to 
be reformed and consolidated, and I emphatically agree every program 
needs to be on the table for spending reductions. But drastically 
cutting funding is neither education reform now an equitable way to 
stay on track for a balance budget.
  Finally, I support the goals of our major environmental laws in this 
country. For example, I believe that we must ensure that the air we 
breathe and the water we drink and swim in is clean. And, although this 
agency is far from perfect, I believe we must fund the Environmental 
Protection Agency [EPA] at a level that enables it to enforce these and 
many other important environmental laws. Like I mentioned above, no 
agency or program can be devoid of reductions. But we must work to 
ensure that these reductions are fair and equitable--and this bill made 
absolutely no improvements to the original VA-HUD appropriations bill 
that I voted against for the same reasons.
  In conclusion, to achieve a balanced Federal budget, all areas, 
including education and EPA will have to contribute to this effort. 
However, I could not support House levels of funding or the legislative 
riders. Lets fund these necessary programs at an appropriate level 
without adding controversial issues to an already difficult process.

[[Page H1872]]

  Mr. WAXMAN. Mr. Chairman, I rise in opposition to this bill. By 
bringing this proposal to the floor in a form that we know the 
President will veto, the majority continues to hold necessary 
Government programs and innocent Federal employees hostage to their 
agenda.
  This bill continues totally unacceptable cuts in education spending, 
it provides greatly inadequate funding for our environmental protection 
programs, and it gratuitously brings abortion issues into this spending 
bill. It contains provision after provision which clearly will result 
in a veto of this effort.
  Many of my colleagues have spoken eloquently on these issues.
  But I also want to draw my colleagues' attention to another part of 
this bill--provisions amending FDA law concerning the export of 
unapproved drugs. While I know the sponsor of this legislation is well-
meaning in his intent--and indeed in another context I believe I could 
find much common ground with him on this effort--it is unnecessary and 
inappropriate to include this measure in this legislation.
  The regular committee process is the right way to develop and refine 
legislation on these issues. And that is the way this bill should be 
handled. We are not at the end of this session. We are not running out 
of time on a measure that has been agreed to on both sides of the aisle 
and both Houses of the Congress. There is no time-sensitive crisis 
situation which would require an unusual procedure for consideration. 
It should not be done in this way.
  Not only is this inappropriate, but this kind of process lends itself 
to errors and misjudgments. I am concerned, for example, that a number 
of provisions that evidently were intended by the sponsor to be 
included to address FDA concerns with the bill were not in fact 
included because of the rush of the drafting and consideration process. 
To mention only one example, the provision before us does not include 
the necessary protections requested by the FDA to restrict importation 
of blood and tissue products for future export to assure that there is 
no diversion or cross-contamination into our own blood supply.
  There are additional areas that at least deserve careful 
consideration before this bill is rushed forward.
  Under this proposal, if a drug is approved in any one of a number of 
listed countries, it can then be exported from the United States for 
export into any country that does not have a legal barrier to such 
import. But it does not require that the drug be labeled for use in a 
way similar to what was approved. It does not require that promotion in 
the recipient country be consistent with the indications and 
contraindications. Nor does it require suspension of export if the FDA 
finds the drug presents an imminent hazard in the recipient country.
  Again, I want to make clear that I personally am receptive to some 
revision in our FDA law on the export of unapproved drugs. I consider 
this a likely candidate for the development of a bipartisan consensus 
if it is considered in the normal process.
  But action in this way increases the likelihood of error. This FDA 
section does not belong in this bill.
  Mr. CLAY. Mr. Chairman, I oppose H.R. 3019.
  This bill would make the largest cuts in education funding in the 
Nation's history. Its cuts are worse than the cuts found in the current 
continuing resolution it would replace.
  The bill causes local school districts even more uncertainty than the 
existing CR because the bill promises to restore some funds, but only 
upon the passage of separate legislation at some uncertain date. The 
local planning and budgeting process will be turned on its head by this 
foolish provision.
  The bill includes huge funding cuts in title I, Safe and Drug Free 
School, Summer Jobs Program, job training, and school improvement 
programs.
  The education cuts proposed by the Republicans place our Nation and 
our future at a grave risk.
  Earlier this week, Democrats on the Committee on Economic and 
Educational Opportunities heard from people on the education frontline: 
parents, teachers, and students. They described for us, in vivid 
detail, the potential damage of Republican budget cuts on education at 
the local level. We explored what would happen if the defunding of 
education is not stopped. If the continuing resolution is extended 
through the fiscal year, our Nation will face the largest cut in 
education funding in its history. We will have stolen $3.3 billion from 
America's schoolchildren.
  They are a national treasure; we must protect them from idiotic, 
antieducation budget cuts.
  The legislative provisions in the bill demonstrate conclusively that 
this is not a serious proposal. Controversial legislative riders have 
no place in an appropriations bills 5 months into the fiscal year. Here 
are a few examples:
  The bill caps the direct lending program. That has nothing to do with 
appropriations--it is a direct spending program. The bill would cap the 
program at 30 percent of total student loan borrowing. So hundreds of 
thousands of young people and their parents will be denied the service, 
flexible terms, and economy of the popular direct loans program.
  The bill would make the Secretary of Education go begging to the 
Republican Congress to be able to recover taxpayer funds from special 
interest guaranty agencies.
  The bill would make one of the most prevalent and expensive types of 
workplace injuries--repetitive motion injuries--off limits for the 
Nation's workplace safety agency. The Federal Government can neither 
issue standards nor record the incidence of injuries.
  Finally, the bill would restrict the ability of the National Labor 
Relations Board to enforce the Nation's labor laws and protect the 
rights of both workers and employers.
  I urge my colleagues to vote against this bill.
  Mr. STOKES. Mr. Chairman, I rise in opposition to H.R. 3019, the 
omnibus appropriations bill for fiscal year 1996. It is hard to believe 
that this body stands here today, 5 months into this fiscal year, 
without having resolved the remaining appropriations bills for so many 
critical Federal agencies.
  What is even more incredulous is the fact that our colleagues on the 
other side of the aisle have failed to get the message conveyed to us 
by the American people after the last Republican-provoked budget 
crisis. That message was clear--do not risk a shutdown of the Federal 
Government by promoting an extreme set of budget priorities. 
Unfortunately, it appears this advice has gone unheeded and once again, 
we have a misguided proposal up for consideration.
  Mr. Chairman, this bill continues to gut the very basic quality of 
life programs upon which millions of working Americans depend. From the 
dawn to the twilight of life, programs supporting our Nation's 
children, families, the elderly, and veterans in the areas of 
education, health care, the environment, housing, and crime prevention 
are all threatened.
  The continuing resolution will cause needless suffering for our 
Nation's veterans. There are still no addbacks for medical care funding 
to reach the House-passed level. And despite appeals from the veterans 
community at large, limitations on personnel and travel for the office 
of the secretary of Veterans Affairs are still included in this 
measure. This provision can only harm our ability to efficiently and 
effectively serve our veterans.
  In the housing area, funding for public and low-income housing is 
drastically cut. Local Public authorities are, and will continue to be, 
faced with reduced security, maintenance, and administration. Housing 
for the elderly and disabled is reduced, placing these vulnerable 
populations at risk for becoming homeless. Furthermore, this bill 
includes a provision to transfer the HUD Office of Fair Housing to the 
Department of Justice. This one action imperils nearly three decades of 
efforts to end segregation and discrimination in housing.
  Mr. Chairman, environmental safety is also severely compromised under 
this measure, from superfund clean up delays, to the inability of 
tracking hazardous waste, to the postponement or cancellation of 
environmental inspections. In my own city of Cleveland, this means that 
EPA may not be able to provide requested assistance to the toxic sweep 
task force with regard to difficult toxic properties, or provide 
community-based environmental protection and compliance assistance to 
certain needy communities.
  This bill funds Americorps, the President's stellar initiative to 
promote community service nationwide, at only three-fourths of the 
fiscal year 1995 level. Americorps is of the highest priority to the 
administration and needs to be funded at a sufficient level to carry 
out its important charge.
  One million children across the country will suffer from the GOP's 
$1.1 billion cut in Title I. These disadvantaged children will be 
denied the teaching assistance they need in basic reading and math. The 
$266 million cut in safe and drug-free schools will jeopardize 
children's safety in classrooms across the country. Teachers and 
principals will be denied the critical resources they need to provide 
children a safe, crime-free and drug-free environment in which to 
learn.
  Funding for summer jobs and employment training is also gutted. Where 
will our Nation's youth--who need and want to work--turn for summer 
jobs when the bill eliminates funding for the summer jobs program? Over 
600,000 young people will not have the opportunity to gain the work 
experience they need to prepare them for the job market. This drastic 
step coupled with the dramatic cuts in employment training, dislocated 
worker assistance, school-to-work, OSHA, and the national labor 
relations board will reduce workers' employment opportunities, and will 
seriously threaten workers' safety.
  These cuts, coupled with those in other major quality-of-life 
programs, including low-income home energy assistance, health care, 
meals for the elderly, healthy start, and numerous other essential 
health and human services-related initiatives, will devastate the 
quality of life for millions of Americans.

[[Page H1873]]

  Mr. Chairman, crime prevention for our communities, industry 
development and State affairs are compromised by the 12 percent 
reduction in funds requested by the Clinton administration for the 
appropriation for the Departments of Commerce, Justice, and State, the 
judiciary and related programs. This reduction terminates funding for 
many governmental programs that have proven to be excellent investments 
of Federal dollars.
  The bill eliminated the advanced technology program that has created 
thousands of jobs across this Nation. H.R. 3019 also hampers economic 
opportunities for women and minorities by substantially curtailing 
funding for the minority business development agency by over 33 
percent. This irresponsible and unjust slashing of the budget for this 
important agency will lead to the foreclosing of economic opportunities 
for thousands of Americans who have also encountered discrimination.
  In the justice portion of the measure, the committee has failed to 
follow through with the President's unprecedented efforts to fight 
crime. The bill would slash funding for the highly successful and 
popular COPS Program that responds to the public's desire for an 
increased police presence in our communities. As a result of the cuts 
in this legislation, the hiring of new police officers under the COPS 
Grant Program would be ended. Instead, a Republican local law 
enforcement block grant program would replace mechanisms set up in the 
1994 crime bill to fund local crime fighting. And for those persons 
needing legal aid, the legal services corporation that provides vital 
legal assistance to poor Americans who cannot afford an attorney has 
also been targeted for substantial cuts.
  Mr. Chairman, H.R. 3019 is so replete with misguided priorities that 
there is insufficient time to address all of my concerns. My 
constituents have made it clear to me that they oppose the short-
sighted and extreme position this omnibus appropriations legislation 
represents. I know that my position on this bill has been the right 
one, and I urge my colleagues to oppose this measure.
  Mr. BORSKI. Mr. Speaker, I rise today in opposition to H.R. 3019, the 
Republican omnibus appropriations bill. This legislation continues the 
assault on working and retired Americans. It targets the programs which 
are most important to them, including education, crime, energy 
assistance, and job training. It's time for Republicans to stop playing 
games and start facing up to their responsibilities. The House should 
defeat this bill and instead pass a clean appropriations bill that 
funds these programs at adequate levels.
  H.R. 3019 is the eleventh funding bill proposed by Republicans this 
fiscal year and it is even more irresponsible that the last. Mr. 
Chairman, it was bad enough to slash these vital programs in the first 
place. Now, adding insult to injury, the Republicans are promising to 
restore some of the cuts only if there are future unidentified cuts in 
other entitlement programs. Where are these future cuts going to come 
from? We all know where they looked for savings last time--Medicare and 
Medicaid. Mr. Speaker, it is not right to balance the budget on the 
backs of senior citizens and children.
  Education should be a priority in this country. Denying children a 
good education is unjustifiable and irresponsible. The Republican 
majority wants to cut $3.2 billion from 1995 education funding levels--
$4.7 billion less than the administration's request. H.R. 3019 would 
cut over $1.2 billion from the Title I Compensatory Education Program. 
This program directly funds the most disadvantaged schools across the 
country, providing important Federal dollars for greatly needed 
educational material necessary for a good education. Last year, the 
city of Philadelphia received over $78 million in title I funding. 
Should this legislation be approved, Philadelphia schools alone would 
lose over $13 million in title I funding, resulting in a significantly 
reduced number of children receiving the necessary educational skills 
needed to compete in the modern world.
  H.R. 3019 would eliminate $900 million from financial assistance to 
students. This legislation robs this Nation's neediest kids, by cutting 
into the Pell Grant and Perkins Loan Programs. The Pell Grant Program 
would be slashed $756 million, denying America's working-class families 
the opportunity to further their education in undergraduate and 
graduate studies. This bill also would eliminate entirely the funding 
for capital contributions to the Perkins Loan Program. Mr. Speaker, 
this legislation would slam the door of educational opportunities in 
the faces of America's children.
  H.R. 3019 would also slash necessary funding for employment and job 
training. The bill appropriates $848 million less than the 1995 level 
and $2.4 billion less than the President's requested level. It is 
irresponsible in this time of limited job opportunities to restrict 
workers' ability to gain valuable training and experience necessary in 
obtaining higher paying jobs.
  In addition, H.R. 3019 would rescind $100 million from the fiscal 
year 1996 appropriation for the Low Income Home Energy Assistance 
Program [LIHEAP], as well as provide no advance funding for the 
upcoming winter of 1996-1997. As a result, should Congress fail to 
appropriate funding in the upcoming Budget for the 1997 fiscal year, 
the LIHEAP program would be effectively eliminated. LIHEAP provides 
cooling and heating assistance to elderly and disabled people who can 
not afford to pay the energy bills on their own.
  H.R. 3019 would also drastically undermine previous congressional 
efforts to effectively fight crime across the country, including the 
Safe and Drug Free School Program. It would eliminate the highly 
successful Cops on the Beat Program--one of the strongest crime 
fighting weapons in the Nation. The City of Philadelphia has been able 
to hire 250 additional police officers over the past 2 years. However, 
the program would be replaced with a local block grant containing no 
guarantee that one additional police officer would ever be hired.
  Mr. Chairman, H.R. 3019 would enact the largest education cuts in 
this country's history. A vote for H.R. 3019 is a vote against good 
schools, safe streets, basic job skills for workers, and energy 
assistance for the elderly and disabled.
  Again, Mr. Chairman, I oppose H.R. 3019 and I urge this Congress to 
vote against this legislation.
  Mr. UNDERWOOD. Mr. Chairman, H.R. 3019, the Balanced Budget 
Downpayment Act II/Omnibus Appropriations for fiscal year 1996, 
includes funding for territorial programs as part of the Department of 
the Interior appropriations.
  I am pleased that the majority and the minority have been able to 
include the same funding and program changes in H.R. 3019 that were 
included in the conference report on H.R. 1977, the Interior 
appropriations bill. The compromises worked out by the House and Senate 
for H.R. 1977 are important to Guam, and I commend the House and Senate 
conferees for their work. Unfortunately, for reasons unrelated to the 
territorial funding provisions, the Interior appropriations bill had 
been vetoed by the president.
  I would like to reiterate the legislative history of certain 
provisions applicable to the compact-impact reimbursement to Guam. 
First, it is important to note that the amount appropriated, $4.58 
million for fiscal years 1996 through 2001, was included in H.R. 1977 
as the Underwood amendment. This was the amount requested in the 
president's fiscal year 1996 budget, although the president's budget 
proposal required a change in law. The Underwood amendment was adopted 
by voice vote on the floor, and was intended as a reimbursement to Guam 
for the educational and social costs incurred as a result of 
immigration to Guam from citizens of the Freely Associated States. 
Public Law 99-239, which implemented the Compact of Free Association, 
also authorized such reimbursement to Guam and other United States 
areas impacted by the compact.
  The Senate passed version of H.R. 1977 did not include the funding 
for Guam's Compact-impact reimbursement, and the committee report again 
cited the fact that the president's budget required a change in law. 
The House-Senate conference committee adopted a compromise that funded 
all the important territorial programs, and created a new Office of 
Insular Affairs. While the compromise language funded compact-impact 
reimbursement, it also required that the $4.58 million be utilized for 
capital improvement projects [CIPs]. It is important to note that, in 
Guam's case, the conference report language designated the CIP projects 
as those determined by the Government of Guam.
  It is my understanding that the conference committee intended the 
capital improvement funding for Guam of $4.58 million as a compact-
impact reimbursement. I expect the Secretary of the Interior to honor 
the conference committee's legislative intent, and to allow GovGuam to 
determine CIP projects as offsets for the $4.58 million reimbursement--
in this manner, the fungible amounts in H.R. 3019--and previously in 
H.R. 1977--and Guam's designated CIPs can meet the reimbursement 
obligations that Congress intended.
  Mr. LAZIO. Mr. Chairman, I rise today in support of this bill because 
it rightfully protects the housing needs of our most vulnerable 
populations.
  When the House first passed H.R. 2099, the VA-HUD appropriations 
bill, my friend and colleague from California, the distinguished 
chairman of the VA-HUD Appropriations Subcommittee, and I made it clear 
that protecting seniors and persons with disabilities are among the 
highest priorities for housing assistance of this House. H.R. 3019 
recognizes this priority by providing an additional $75 million for 
both the section 202 program for seniors and section 811 program for 
the disabled to the VA-HUD Conference funding levels.
  This bill is yet another step by this Congress to balance the budget 
by the year 2002 and release our children and grandchildren from the 
burden of a trillion-dollar debt. This funding

[[Page H1874]]

for the section 202 and 811 programs reaffirms our commitment to 
provide assistance to needy seniors and others who cannot fully 
participate in the housing market. We have proven that even in reducing 
the growth in Federal programs, we are able to provide the necessary 
levels of funding for proven programs that address a variety of our 
country's needs.
  I would also like to take this opportunity to address another area in 
which this House can protect the housing needs of our most vulnerable 
populations. As I have told my colleagues before, the ill-advised 
combination of section 8 project-based contracts on properties with FHA 
mortgage insurance has created an untenable funding situation. We are 
not against renewal per se; we are against renewals at unsustainable 
levels. If not effectively addressed, the renewal costs will swallow 
the entire HUD budget for housing assistance. Resolving this issue is 
one of the Housing Subcommittee's top priorities for this Congress.
  H.R. 2880, the Balanced Budget Downpayment Act already enacted into 
law, allows the Secretary to renew the contracts for 1 year for a very 
simple reason: we will not jeopardize the housing assistance of those 
tenants living in section 8 projects, especially the very significant 
number of seniors who depend on those programs to keep a roof over 
their heads. I believe we can find a solution that allows us to cut 
back the rapid growth of spending, bring market discipline to these 
projects, and protect the deserving tenants who have benefited from the 
current program.
  Mr. SOLOMON. Mr. Chairman, I thank the gentlelady from Utah for 
yielding me this time and commend her on her explanation of this 
resolution.
  I wanted to take this brief time to commend Chairman Clinger and 
ranking minority member Collins on the spirit of cooperation in which 
they have brought this to us and have developed further understandings 
and rules to carry out this special testimony authority.
  This is something which the Rules Committee and the House have 
granted in only very special circumstances when we create a select 
committee to conduct an investigation or where a standing committee has 
indicated a compelling need for this authority.
  As we have made clear in our committee report on this resolution, we 
do not intend for this to be a precedent for granting this type of 
authority on a blanket basis to any committee for any pending or 
further investigations, as some would like. Moreover, we have 
established three criteria for measuring any future requests from a 
standing committee for such authority.
  First, the request must be specific to a particular investigation a 
committee is conducting. It should not be a request for such authority 
to apply to all pending or future investigations.
  Second, there must be shown a compelling need for such authority, 
such as in this instance where there is a clear case of witnesses 
refusing to cooperate in staff interviews preliminary to a hearing.
  Third, there must be assurances from the committee chairman that full 
protection will be afforded to witnesses and to the committee's 
minority members, similar to the protections currently afforded in 
House rules for committee hearings.
  For instance, there should be opportunity for minority participation 
in any depositions. And there should be the right of witnesses to have 
counsel.
  The Rules Committee was given all of these assurances in connection 
with Chairman Clinger's request to us for action on this resolution. 
And those assurances were further confirmed by ranking minority member 
Cardiss Collins when she appeared before our committee in support of 
this resolution.
  While we did not adopt three amendments offered in our committee's 
markup by the Rules Committee minority members, we do think the 
concerns raised in those amendments will be adequately addressed by the 
Government Reform and Oversight Committee in its understandings, 
agreements, and special rules adopted in concert with the minority on 
that committee.
  We did not think it was necessary for the Rules Committee to impose 
more detailed procedures on another committee in this resolution, since 
such procedures are being negotiated in good faith by that committee.
  I therefore urge the adoption of this resolution so that the 
Committee on Government Reform and Oversight can expedite its hearing 
process with this special testimony authority and complete its 
investigation with the fullest information and evidence possible. I 
thank the gentlelady for yielding me this time and yield back the 
balance of my time.


    H. Res. 369--Providing special Authorities to the Committee on 
Government Reform and Oversight to Obtain Testimony on the White House 
                          Travel Office Matter

       Purpose: The purpose of H. Res. 369 is to provide the 
     Government Reform and Oversight Committee with special 
     authorities to obtain testimony in connection with its 
     investigation and study of the White House Travel Office 
     matter.
       Background and Legislative History: On the morning of May 
     19, 1993, all seven members of the White House Travel Office 
     were fired and told to vacate their offices in two hours. 
     They were immediately replaced by employees of the Clinton 
     campaign's Arkansas travel agency, World Wide Travel. And, 
     later that same day, the White House announced the launching 
     of an FBI criminal investigation of the former employees.
       While the travel office employees served at the pleasure of 
     President, their precipitous dismissals, their replacement by 
     the campaign's primary travel agency, and the manner in which 
     the FBI was called into the matter, all raised an immediate 
     storm of criticism. A subsequent White House ``management 
     review'' of the travel office resulted in the reprimand of 
     four White House staffers on July 2, 1993. That same day, a 
     supplemental appropriations bill was enacted that included a 
     required review of the Travel Office matter by the General 
     Accounting Office. At least three other inquiries were 
     conducted into various aspects of the Travel Office incident, 
     resulting in reports by the Justice Department's Office of 
     Professional Responsibility, the FBI, and the Treasury 
     Department's Inspector General.
       Although the various reports answered some questions, they 
     also had the effect of raising even more questions that were 
     left unanswered. Consequently, in October of 1994, then 
     Government Operations Committee ranking-minority member Bill 
     Clinger renewed an earlier request for hearings into the 
     Travel Office matter, at the same time releasing a 71-page 
     minority analysis of the issues unaddressed by the five 
     reports. However, no hearings into the Travel Office affair 
     were held in the House during the 103rd Congress.
       Following the November elections, chairman-designate 
     Clinger of the newly named Government Reform and Oversight 
     Committee promised that his committee would further 
     investigate the whole matter in the 104th Congress. Following 
     months of staff interviews and document collection, the 
     committee began its hearings on October 26, 1995, into the 
     seven major issues raised and left unanswered by the five 
     reports. And, following the acquittal of Travel Office 
     Director Billy Dale on both charges brought against him, 
     Chairman Clinger requested that the Public Integrity Section 
     of the Justice Department turn over to the committee all 
     documents related to the criminal prosecution for review by 
     the committee. Beginning in January of 1996, the committee 
     proceeded with further hearings into the seven issues raised.
       The committee has often had great difficulty in obtaining 
     necessary information from current and former Administration 
     officials and private citizens linked to the Travel Office 
     incident. To date the committee has issued numerous subpoenas 
     to obtain critical documents and testimony. Moreover, 
     significant new information has only come to light in recent 
     weeks with the belated disclosure of the memorandum of David 
     Watkins, former Special Assistant to the President for 
     Management and Administration.
       Because of the reluctance and even refusal of certain 
     potential witnesses to cooperate in voluntarily submitting to 
     committee staff interviews in preparation for committee 
     hearings, Chairman Clinger on February 29, 1996, introduced 
     H. Res. 369 to give the committee special authorities to 
     obtain sworn testimony through Member or staff depositions, 
     affidavits and interrogatories. Under existing House rules, 
     sworn testimony may only be received for purposes of a formal 
     hearing record at a duly constituted committee hearing at 
     which at least two Members must be present. In the absence of 
     preliminary staff interviews of key witnesses, such hearings 
     are difficult if not impossible to adequately prepare for and 
     therefore leave a committee with the trying task of 
     attempting to ascertain the most basic background information 
     while simultaneously devising a line of questioning from 
     scratch during the course of a hearing.
       H. Res. 369 is based on special testimony authority 
     language contained in resolutions authorizing past House 
     investigations of such matters as Koreagate, ABSCAM, Iran-
     Contra, and October Surprise.
       Major Provisions: H. Res. 369 would--
       Authorize the chairman of the Committee on Government 
     Reform and Oversight, for purposes of its investigation and 
     study of the Travel Office matter, upon consultation with the 
     ranking minority member of the committee, to authorize the 
     taking of affidavits, and of depositions, pursuant to notice 
     or subpoena, by a member or staff of the committee designated 
     by the chairman, or require the furnishing of information by 
     interrogatory, under oath administered by a person otherwise 
     authorized by law to administer oaths;
       Deem all such testimony to be taken in executive session of 
     the committee in Washington D.C.; and
       Require such testimony to be considered as non-public until 
     received by the committee, but permit it to be used by 
     members of the committee in open session unless otherwise 
     directed by the committee.
       Rule Request: H. Res. 369 has been referred to the 
     Committee on Rules as a matter of original jurisdiction and 
     therefore is privileged for House floor consideration once 
     reported, without the need for a special rule providing for 
     its consideration.
       On March 1, 1996, Chairman Clinger wrote to Chairman 
     Solomon requesting that the

[[Page H1875]]

     Rules Committee ``hold a hearing and report the resolution to 
     the House at the earliest possible date so that we can 
     expedite our hearings and complete our investigation.''
                                                                    ____


    Previous House Resolutions Granting Special Deposition Authority

              (Compiled by Rules Committee Majority Staff)

       Examples of Special Deposition Authority: Some examples of 
     investigation authorization resolutions that have included 
     special deposition authority are the following:
       President Nixon Impeachment Proceedings (93rd Congress, 
     1974, H. Res. 803)--This resolution gave the Judiciary 
     Committee full authorization to conduct an impeachment 
     inquiry into allegations against President Nixon. Among other 
     things it permitted the committee to require by subpoena or 
     otherwise the attendance and testimony of any person, 
     including the taking of depositions by counsel to the 
     committee.
       Assassinations Investigation (95th Congress, 1977, H. Res. 
     222)--This resolution created the Select Committee on 
     Assassinations, and provided it with various procedural 
     authorities, including the authority to take testimony under 
     oath anywhere in the United States or abroad and authorized 
     designated staff of the select committee to obtain statements 
     from any witness who is placed under oath by an authority who 
     is authorized to administer oaths in accordance with the 
     applicable laws of the U.S.
       Koreagate (95th Congress, 1977, H. Res. 252 & H. Res. 
     752)--The first resolution gave broadened the authority House 
     Standards Committee to investigate whether family members or 
     associates of House Members, officers or employees had 
     accepted anything of value from the Koreans. The resolution 
     also gave joint subpoena authority to the chairman and 
     ranking minority member of the committee but permitted appeal 
     to the committee if one objected. It also gave special 
     counsel the right to intervene in any judicial proceeding 
     relating to the inquiry. The second resolution authorized 
     committee employees to take depositions, but required that an 
     objection by a witness to answer a question could only be 
     ruled on by a member of the committee.
       Abscam (97th Congress, 1981, H. Res. 67)--The resolution 
     gave certain special authorities to the Standards Committee, 
     though the investigation was confirned to Members, officers 
     and employees. Included in the resolution was a provision 
     permitting any single member of the committee to take 
     depositions.
       Iran-Contra (100th Congress, 1987, H. Res. 12)--The 
     resolution authorized the creation of a select committee to 
     investigate the covert arms transactions with Iran and any 
     diversion of funds from the sales. Among other things, the 
     resolution gave the chairman, in consultation with the 
     ranking minority member, the authority to authorize any 
     member or designated staff to take depositions or affidavits 
     pursuant to notice or subpoena, which were to be deemed to 
     have been taken in executive session, but available for use 
     by members of the select committee in open session. (See 
     applicable text of resolution below)
       Judge Hastings Impeachment Proceedings (100th Congress, 
     1987, H. Res. 320)--This resolution authorized counsel to the 
     Judiciary Committee or its Subcommittee on Criminal Justice 
     to take affidavits and depositions pursuant to notice or 
     subpoena.
       Judge Nixon Impeachment Proceedings (100th Congress, 1988, 
     H. Res. 562)--This resolution authorized Judiciary Committee 
     counsel to take depositions and affidavits pursuant to notice 
     and subpoena.
       October Surprise (102nd Congress, 1991, H. Res. 258)--This 
     resolution established a special task force to investigate 
     certain allegations regarding the holding of American 
     hostages by Iran in 1980. Among other things the resolution 
     authorized the chairman, in consultation with the ranking 
     minority member, to authorize subpoenas and to authorize the 
     taking of affidavits and depositions by any member or by 
     designated staff, which were to be deemed to have been taken 
     in Washington, D.C. in executive session.
       Example of text of special authority from Iran-Contra 
     Committee resolution, H. Res. 12, 100th Congress (adopted by 
     a vote of 416 to 2, Jan. 7, 1987):
       ``(6) Unless otherwise determined by the select committee, 
     the chairman, upon consultation with the ranking minority 
     member, or the select committee, may authorize the taking of 
     affidavits, and of depositions pursuant to notice or 
     subpoena, by a Member or by designated staff, under oath 
     administered by a Member or a person otherwise authorized by 
     law to administer oaths. Deposition and affidavit testimony 
     shall be deemed to have been taken in Washington, D.C. before 
     the select committee once filed there with the clerk of the 
     committee for the committee's use. Unless otherwise directed 
     by the committee, all depositions, affidavits, and other 
     materials received in the investigation shall be considered 
     nonpublic until received by the select committee, except that 
     all such material shall, unless otherwise directed by the 
     select committee, be available for use by the select 
     committee in open session.''


               Definitions (from Barron's Law Dictionary)

       AFFIDAVIT a written, ex parte statement made or taken under 
     oath before an officer of the court or a notary public or 
     other person who has been duly authorized so to act.
       DEPOSITION a method of pre-trial discovery which consists 
     of ``a statement of a witness under oath, taken in question 
     and answer form as it would be in court, with opportunity 
     given to the adversary to be present and cross examine, with 
     all this reported and transcribed stenographically.''
       INTERROGATORIES in civil actions, a pretrial discovery tool 
     in which written questions are propounded by one party and 
     served on the adversary, who must answer by written replies 
     made under oath.
                                                                    ____

         Congress of the United States, House of Representatives, 
           Committee on Government Reform and Oversight,
                                    Washington, DC, March 1, 1996.
     Hon. Gerald B. Solomon,
     Chairman, Committee on Rules, Washington, DC.
       Dear Mr. Chairman: On February 29, 1996, I introduced H. 
     Res. 369, providing the Committee on Government Reform and 
     Oversight with special authorities to take testimony in the 
     White House Travel Office matter. I am writing to request 
     that your committee hold a hearing and report the resolution 
     to the House at the earliest possible date so that we can 
     expedite our hearings and complete our investigation.
       Under the resolution as chairman of the committee I would 
     be authorized to permit a member or designated staff of our 
     committee to take affidavits and depositions, and I would be 
     authorized to require the furnishing of information. All such 
     testimony taken would be under oath and received by the 
     committee as in executive session in Washington. However, the 
     testimony could be used by any member of the committee in 
     open session unless the committee determines otherwise.
       While ordinarily it should not be necessary for a committee 
     to seek such special investigative authority, we have been 
     faced with the reluctance and even refusal of certain 
     potential witnesses to voluntarily submit to staff interviews 
     preliminary to a hearing. This has made it extremely 
     difficult to adequately prepare for a hearing and requires 
     considerably more time during the course of a hearing to 
     develop the same information we would otherwise obtain prior 
     to the hearing. It is there necessary for me to request the 
     authority to permit any member or designated staff to take 
     such deposition testimony preliminary to the hearing stage. I 
     will be working closely with the minority prior to the 
     adoption of the resolution to develop special committee rules 
     that will ensure fully minority access and participation in 
     this special testimony process.
       I look forward to testifying before you in support of H. 
     Res. 369 at your earliest convenience.
           Sincerely,
                                           William F. Clinger, Jr.
                                                         Chairman.
  Ms. DUNN of Washington. Mr. Chairman, today I want to express my 
strong support of the Balanced Budget Downpayment Act II and to urge 
the President to sign this legislation as soon as it comes before him.
  This legislation makes a critical and significant downpayment toward 
finally achieving a balanced budget. Additionally, the bill includes 
emergency funds that Washington State needs in the worst way.
  In December of 1995 and again in February of 1996 the Pacific 
Northwest was hit by devastating floods. Roads and bridges and homes 
that were constructed above the 100-year flood plain were totally 
washed out. Many of our residents living in both rural and urban areas 
had their lives shattered.
  The National Oceanic and Atmospheric Administration called the 
November storm the ``most significant storm affecting the Western 
United States during 1995'' and compared it to the Columbus Day storm 
of October of 1962, which was the most destructive wind storm to ever 
hit the Pacific Northwest.
  While Federal Emergency Management Agency in conjunction with other 
agencies was scrambling trying to help counties, States, businesses, 
and individuals put their lives back together after the December storm, 
Mother Nature dealt us another devastating blow in February.
  Washington State's office of Financial Management has stated that the 
February storm will go down in history as the State's costliest. 
Preliminary figures estimate $319 million in uninsured and underinsured 
damage.
  The President toured both Washington and Oregon immediately after the 
worst storm damage had occurred and immediately promised his full 
support for maximum aid for our beleaguered region. I urge the 
President to not back out of his commitment to the people of Washington 
State--he must sign this bill.
   Mr. Chairman, this bill includes almost $1 billion dollars in 
natural disaster assistance--exactly as the President requested.
  I urge my colleagues and the President to support this legislation 
and expedite the help needed to the communities in the Pacific 
Northwest.
  Mr. GOODLING. Mr. Chairman, I rise to support H.R. 3019, the Balanced 
Budget Downpayment Act II and to commend my colleagues on the 
Appropriations Committee for funding important education and job 
training programs while maintaining our goal to reach a balanced budget 
over the next 7 years. Balancing the budget requires us to make

[[Page H1876]]

choices and to set priorities and this bill does that by funding key 
education and job training programs. While reforms in many of these 
programs are being sought by members of the Opportunities Committee, I 
believe we must place a priority on education in order for our children 
and grandchildren to enter the 21st century ready to learn and to be 
qualified to pursue high skilled job opportunities.
  This House has passed the CAREERS Act which consolidates over 120 
education and job training programs into three block grants to States 
and I am pleased that this legislation recognizes the CAREERS Act as a 
priority. I congratulate you for holding $172.3 million for adult and 
youth job training progams in title IV of this bill contingent on 
finding real offsets to fund these programs.
  I am also glad to see that this legislation ensures funding for the 
Innovative Education Program Strategies Program, formerly the Chapter 2 
Program. This is the only Federal education block grant currently in 
existence that provides true local flexibility to school districts 
allowing them to use Federal funds for education reform activities 
based on the unique needs of their students. By clearly providing $275 
million for this program, we ensure that the Chapter 2 Program 
continues.
  I also want to make special note that sufficient funds have been made 
available to fund Pell grants at the highest maximum ever without any 
changes to the eligibility rules. When combined with the level funding 
for college work study and supplemental educational opportunity grants, 
all students nationwide will continue to have access to a higher 
education and the promise of a better life.
  In addition, I want to thank Chairman Porter for including a limit of 
the Direct Student Loan Program. Many of us believe that a limit of 40 
percent is still too great for testing a new program with no proven 
track record. But we also appreciate that with the next academic year 
beginning on July 1, it would be too disruptive to ask schools to leave 
at this point in time. A compromise that allows schools currently in 
the program to serve as the test group seems reasonable to me. No 
school will be asked to leave the program and no student will be denied 
a student loan, so let's not have that debate again. The most recent 
information we have from GAO indicates that direct loan volume is close 
to 31 percent. A 40 percent pilot allows plenty of growth if volume 
increases at the participating schools while still saving some money 
which can be spent on other education programs.

  I think that it is important for the Department to focus it's 
attention on the total student aid picture and stop spending all it's 
staff time and resources on promoting the direct loan program. The 
recent problem with the processing of the free application for student 
financial aid is a perfect example. Instead of having staff working on 
the application forms for printing and distribution on a timely basis, 
staff is out promoting direct loans coast to coast. At least one 
conference held in San Antonio was attended by more than 100 Department 
of Education personnel. Maybe some of those people should have been 
here in Washington working on the form so it would have gotten to the 
printer on time.
  In August, the Advisory Committee on Student Financial Assistance 
noted in it's report to Congress, and I quote ``The Committee found 
that ED has the capacity to manage the student aid programs 
effectively; however, ED is primarily focusing its resources on the 
implementation of the direct loan program, thus ED is ignoring the 
necessary reform of the Federal Family Education Loan Program and 
failing to adequately address program integrity issues in the delivery 
of ALL Title IV programs.'' If the Department is no longer pressured by 
the White House to sell direct lending to all the schools in the 
country, maybe they will focus their energies on all the student aid 
programs and avoid the kinds of application processing problems 
currently facing schools and students across the country.
  Finally, I commend Chairman Livingston for agreeing to work with 
President Clinton to restore $961 million to title I program if real 
spending offsets can be found to meet this education priority. I want 
to work with the administration and my colleagues on the Appropriations 
Committee to find these offsets as soon as possible so that school 
districts can plan their budgets for the upcoming school year.
  I believe this bill continues Republican goals to focus on quality by 
returning control to local communities and schools, encouraging high 
academic expectations and emphasizing parental involvement and 
commitment. I look forward to working with Congressmen Livingston and 
Porter in the future to ensure that education and training programs 
that meet these goals receive adequate funding in the fiscal year 1997 
appropriations bill.
  Ms. FURSE. Mr. Chairman, people in my district have suffered greatly 
as a result of the flooding in the Pacific Northwest. Over the past few 
weeks, my staff and I have spent days and nights throughout my 
district, working with citizens and local community groups to begin the 
long, slow process of recovery. We have been doing everything from 
helping constituents wade through the maze of available Federal 
assistance, to helping get tons of alfalfa to some hungry cows. One 
portion of the bill before us today contains disaster relief funding 
for my constituents, relief that is sorely needed. As a result I will 
vote in favor of this bill today. People in Oregon are hurting, and we 
need to get them relief as soon as possible.
  At the same time, I am very troubled by this bill. It is an exercise 
in irresponsibility. We would not be in this situation today if 
Congress had passed the fiscal year 1996 appropriations bills on time, 
not waiting 6 extra months. Moreover, we would not be in the situation 
if Congress had not turned almost every appropriation bill into a 
Christmas tree, adding unnecessary and unrelated riders. The lawless 
logging rider is an example of this approach to governing, when it was 
tacked on to the Oklahoma City bombing relief funding. The bill before 
us today is more of this haphazard, irresponsible approach.
  Last night I asked the Rules Committee to allow me the opportunity to 
offer my bill to repeal the emergency timber salvage rider, H.R. 2745, 
as an amendment to this bill. I was denied this opportunity. Since its 
passage, the so-called emergency salvage rider has escalated into one 
of the top environmental controversies in the country. Although touted 
as an emergency measure to cut dead and dying timber, the rider is 
being used to cut green trees and clearcut old growth forests, some as 
old as 500 years. It is damaging the property rights of private 
timberland owners by driving down timber prices and will cost American 
taxpayers millions dollars by mandating below cost timber sales. 
Additionally, a Federal judge has greatly expanded the rider beyond 
congressional intent to require the immediate logging of every timber 
sale offered in Washington or Oregon since 1990--with no modifications 
to meet basic environmental standards.
  The Republican leadership has chosen to address this huge problem by 
including a cosmetic fix in this bill. This fix is nothing more than a 
sham. Nothing more than a superficial attempt to fool Americans into 
thinking they've fixed the problem when they haven't. Nothing more than 
lipstick on a corpse. The only thing the bill before us today would do 
is give the Forest Service and BLM 45 days to try and find replacement 
timber for some of the worst old growth sales--but only if the timber 
purchasers agree to all the terms.
  This sham language does nothing to restore environmental laws in our 
national forests or ensure that logging is done in a manner that won't 
harm endangered salmon and other important natural resources. This sham 
language does nothing to restore American resources. This sham language 
does nothing to restore American citizens' right to have input into the 
management of their national forests or to hold agencies accountable to 
the letter of the law. Yet, we are denied the opportunity to vote on 
this vital issue.
  I urge you my colleagues not to be confused by this sham salvage 
rider fix. Don't be fooled into thinking this will solve the many 
unintended consequences of the salvage rider. If you want a real 
solution to this problem, join me and 126 of your colleagues in 
cosponsoring my bill H.R. 2745 to repeal the rider and vote ``no'' on 
this bill.
  With the exception of the sorely needed disaster relief provisions of 
this bill, I disagree with many other provisions of this bill, 
particularly in terms of the environment and education. I will vote in 
favor of this bill, although it is my hope that the Senate will make 
this a better bill and we will send the President a disaster relief 
package for Oregon as soon as possible.
  Mr. McDADE. Mr. Chairman, I rise in support of H.R. 3019, the 
legislation to fund four remaining fiscal year 1996 appropriations 
bills. This bill represents a commitment by the Congress to both fund 
the necessary functions of the Federal Government for the remainder of 
the current fiscal year and to control the cost of Government.
  I want to comment specifically on the impact of title III of the 
legislation dealing with natural disaster assistance. As my colleagues 
know, the Commonwealth of Pennsylvania was hit hard earlier this year 
with a combination of flooding and blizzards which resulted in the loss 
of life, heavy property damage, and the disruption of families, 
businesses, and local governments.
  The thousands of people who have been victimized by these natural 
disasters have had their lives, homes, and businesses devastated. 
Pennsylvanians have united in the effort to help their neighbors cope 
with the flood and storms, and they properly expect the Federal 
Government to assist them in the efforts to recover from the natural 
disaster. Gov. Tom Ridge has been in the forefront of the efforts to 
direct assistance to the victims of the flood, and I will continue to 
work with him to direct Federal resources to the people of our State.

[[Page H1877]]

  The bill before us today helps with the Federal Government response 
to the extraordinary needs in Pennsylvania and other regions of the 
country created by flooding and blizzards.
  Title III provides $100 million to the Small Business Administration 
to fund needed personal assistance loans for flood victims. The Federal 
Highway Administration is appropriated $70 million to repair damages to 
Federal highways and bridges in Pennsylvania. In Pennsylvania's 10th 
District, there is a need for over $17 million in repairs to 
Commonwealth roads and bridges.
  The Army Corps of Engineers is provided with $165 million for its 
operations and maintenance and flood control and coastal emergencies 
programs. It is expected that $16.5 million will go toward repair and 
rehab of non-Federal levees throughout the Commonwealth. Assessment 
teams are continuing to evaluate the damage.
  The bill provides $34 million to the National Park Service, including 
$1 million for structural damage repair and debris cleanup caused at 
the Delaware Water Gap National Recreation Area by the 1996 flood and 
blizzards.
  Pennsylvania will benefit from the $73 million appropriated in the 
bill for the Emergency Watershed and Protection Program which cleans 
debris from streams and stabilizes stream banks. Of that amount, $3.4 
million will ensure that all 102 sites in Pennsylvania will be funded.
  Mr. Chairman, more work remains to be done to help flood victims as 
they attempt to restore their lives and property. The natural disaster 
assistance in title III of this bill will help in that effort. Clearly, 
more Federal resources need to be marshaled to help the safety, health, 
and property of our citizens whose lives have been torn apart by these 
devastating disasters.
  I urge passage of the legislation.
  Mr. OWENS. Mr. Chairman, I rise in strong opposition to the second, 
so-called Balanced Budget Downpayment Act (H.R. 3019). This bill 
represents a Republican charade; Republicans have still not acted in 
good faith to restore devastating cuts made to education, housing, and 
environmental programs. After spending half of last year debating 
contract legislation, and debating 11 continuing resolutions, the 
Republican-controlled 104th Congress has become the most inefficient, 
ineffective, inconsequential Congress in the history of the United 
States since the Depression. H.R. 3019 is a phony new deal that 
embodies the saying, ``the more things change, the more things stay the 
same.''
  In classic Republican tradition, this new budget offer would still 
assault families, children, and the American worker. On the surface, 
H.R. 3019 appears laudable in that it provides an extra $4.3 billion 
for four of the five appropriations bills that have not passed by last 
year's deadline of October 1. But upon closer scrutiny of the bill's 
provisions, $3 billion of these new funds will only be provided when 
offsetting funds are determined by cutting welfare and Medicaid. In 
other words, this bill is a blatant Robin Hood in reverse where the 
poor are being robbed to pay for the Republican tax cut which has 
generated a situation of phony scarcity.
  The more fair and sensible approach would be to attack the more than 
$80 billion in annual corporate tax loopholes and corporate welfare to 
restore funds to significant programs. It appears that Republicans are 
saying we cannot afford the programs that are so vital to the future of 
our Nation's children, but we can afford the corporate pork which is 
clogging the arteries of our democracy. We cannot afford to ensure that 
our children receive a healthy, productive, head start, but we can 
afford to entertain proposals that would shield some of our most 
prosperous American companies from paying any taxes at all.
  How dare the Republicans use this transparent approach to continue 
the course of dismantling vital social programs. H.R. 3019 would pit 
programs of significance to America's social and fiscal security 
against one another. Republicans insist that Congress must first agree 
to abolish the safety net for our most vulnerable; Congress must then 
agree to deny health care coverage to the most needy. If Congress 
supports these measures, then, and only then, will $420 million be 
released to fund housing programs, $961 million to title I compensatory 
education and $390 million to the goals 2000 National Educational 
Standards Program. This is a crude form of fiscal blackmail.
  Even more ominous to this approach is the fact that even if Federal 
protections are removed from welfare and Medicaid, draconian cuts would 
still take effect. For example, LIHEAP, the program that provides heat 
to our senior citizens would be terminated after this fiscal year. The 
Summer Youth Employment Program would be eliminated, whether or not 
entitlement reform becomes law. The Legal Services Corporation would be 
cut by more than 30 percent; any listing of new species under the 
Endangered Species Act would be barred; the successful Cops-on-the-Beat 
Program would be replaced with a newly created law enforcement block 
grant; and no funds would be provided to create or renovate additional 
units of affordable housing for the more than 20 million Americans who 
already lack such housing.
  I strongly urge my colleagues to vote against this Republican ambush 
of much-needed safety-net programs. I further challenge my colleagues 
to join me and others to ensure that, at the very least, funding for 
education and training is restored to its current level.
  I call upon my colleagues on both sides of the aisle to seriously 
consider one painless action which would help to resolve this 
situation. Let us demand that the recently discovered $2 billion in 
unspent funds at the Central Intelligence Agency be utilized for more 
positive purposes. Transfer $1.1 billion in CIA funds to title I, $300 
million to HeadStart and $600 million to the Summer Youth Employment 
Program; and vote ``no'' on the second Balanced Budget Downpayment Act.
  Mr. DeFAZIO. Mr. Chairman, the Republican leadership is wrong to make 
the continuing resolution a Christmas tree bill. They have done 
Americans a tremendous disservice by dressing up bad legislation by 
attaching emergency flood assistance and other necessary pieces of 
legislative business.
  As a member of the delegation from Oregon, I take personal offense at 
this underhanded parliamentary maneuver. Parts of my State were 
devastated by floodwaters. Tens of thousands of people were evacuated 
from their homes. I flew by helicopter over towns that were completely 
ravaged by flood waters. The administration and northwest Democrats and 
Republicans have worked to put together a package of flood assistance 
for these people. I receive calls from Oregonians on a daily basis who 
are depending on this flood assistance to rebuild homes and businesses, 
fix washed-out highways, and clean drinking water.
  I have to vote ``no'' on this legislation, however, because it is a 
bad bill that hurts working Americans. The Republican leadership is 
trying to accomplish by stealth what it couldn't accomplish by shutting 
down the Government. This bill takes a knife to school funding, heating 
assistance for senior citizens, veterans programs, affordable housing, 
job-training and dislocated worker assistance, and worker safety 
protection. This bill is evidence that the so-called Republican 
revolution is still about helping the wealthy and large corporations at 
the expense of working and middle-class Americans.
  I am particularly concerned about the Republican leadership's 
continued attack on the environment. Today's measure deeply cuts 
funding for the Environmental Protection Agency--cuts that will result 
in less teeth in the enforcement of environmental laws in every 
community in the country. According to the EPA, these cuts have already 
had an impact in the Northwest by shutting down work at Superfund 
sites, halting efforts to bring safe water supplies to rural 
communities with contaminated water sources, ending measures keep 
pollutants away from salmon habitat, and halting a host of other 
ongoing environmental protection efforts. This is an antienvironment 
bill written by an antienvironment Republican leadership that 
jeopardizes the clean air and clean water that all Americans take for 
granted.
  And as if misplaced cuts and attacks on the environment weren't 
enough, the antichoice forces in Congress have once again hijacked 
legislation in Congress to suit their own agenda. Hidden within this 
government-funding bill are provisions that would deny lower income 
women the right to choose. It's shameful that those whose views on 
choice are at odds with the overwhelming majority of the American 
people have now lowered themselves to legislative trickery to advance 
their cause.
  Mr. Chairman, the legislative process was not meant to work this way. 
I urge the majority to let the emergency flood assistance be voted on 
separately--apart from the continuing resolution--so that Oregonians 
affected by the flood can be given a fair shot at rebuilding their 
lives and communities.
  Mrs. SMITH of Washington. Mr. Chairman, I rise in strong support of 
this legislation.
  The primary objective of this Congress is to balance the budget, but 
if there is an appropriate way to spend taxpayer money--it should be on 
people who have suffered through a natural disaster.
  The flooding in the Pacific Northwest last month devastated 
communities throughout the Northwest.
  I recently walked the streets in these small towns with the President 
and I can tell you that in many cases, homes and businesses are 
completely destroyed.
  It's going to be months before we can rebuild our communities. In 
Washington State alone over 10,000 people have called the Federal 
Emergency Management Agency asking for help.

[[Page H1878]]

  The emergency funding contained in this bill for disaster relief will 
go a long way toward rebuilding the infrastructure and making sure 
people can restart their business.
  For my colleagues who haven't had the opportunity to look at the 
damage, I want to make sure that everyone understands what kind of 
projects this money will be used for:
  The funding for the Small Business Administration will help small 
businesses in places like Woodland get their operations back up and 
running.
  The funding for the Forest Service will help open access to National 
Forests like the Gifford Pinchot, where most of the roads and bridges 
are completely washed out, hurting the tourism economy in many areas in 
southwestern Washington.
  The money for the Fish and Wildlife Service will help repair our 
wildlife refuges that provide habitat for endangered species like the 
Columbia white-tailed deer in Wahkiakum County.
  The funds for the Corps of Engineers will help repair critical dikes 
and levees that protect our communities so we won't have to go through 
another flood disaster like this again.
  I want to assure my colleagues that this money will be well-spent.
  This legislation demonstrates that we can pass a fiscally responsible 
appropriations bill that still shows compassion for the people who 
truly need our help.
  I want to thank Chairman Livingston for his work on this bill and I 
urge my colleagues to support this legislation.
  Ms. PRYCE. Mr. Chairman, I rise today in strong support of this rule, 
and H.R. 3019, the second installment in our downpayment toward a 
balanced Federal budget.
  While my colleagues on the other side of the aisle may argue against 
this rule, I believe this is a fair and reasonable rule given the 
situation we are in. The current CR will expire in just over a week, 
and Federal employees are once again left to wonder if another 
Government shutdown will take place. Well, Mr. Chairman, I would say to 
those Federal workers in my district and around the country whose jobs 
may be at stake that President Clinton could end the speculation very 
quickly by agreeing to the responsible spending priorities contained in 
this legislation.
  This second balanced budget downpayment reflects our continued 
commitment to real deficit reduction. The bill, if enacted, will fund 
the four remaining unsigned spending bills at levels which keep us on 
the glidepath to a balanced budget. Even the emergency funds that are 
included for disaster relief and continued activities in Bosnia are 
actually paid for, and not simply taken off-budget to hide their true 
costs or their impact on the budget deficit. And, in keeping with our 
goal of reducing the size and scope of Government, the bill eliminates 
some 175 different Federal programs.
  While we in the Congress are making the real cuts necessary to keep 
us on track to balance the Federal budget, the Clinton administration 
sadly continues to threaten a veto of this important legislation unless 
additional spending is made available to fund their priorities. I am 
amazed that the same President who came to this Chamber 2 months ago 
and declared that the era of big Government is over, is now asking for 
upwards of $8 billion in additional spending. Agreeing to that request 
would be irresponsible without a firm commitment on the part of the 
administration to pay for these additional Government programs with 
offsetting cuts in spending.
  Mr. Chairman, I commend Chairman Livingston for trying to respond to 
the administration's concerns in a way that maintains our commitment to 
a balanced budget. I urge my colleagues to support the contingency 
title in this legislation to ensure that funding for these extra 
priorities is not used unless Congress and the President agree to 
separate legislation that actually pays for them. We can never hope to 
achieve a balanced budget in our lifetime if we subscribe to the 
convenient policy of buy now, pay later. If we do, then our children 
and grandchildren will surely pay a much higher price for our lack of 
spending discipline.
  Mr. Chairman, despite the administration's threatened veto, I am 
hopeful that the approach this legislation takes will send a clear 
signal to our constituents and to our friends in the White House that 
we are serious about getting Government spending under control. In the 
next week, I am sure we will all see just how serious the President is 
about bringing the era of big Government to a close.
  I urge my colleagues to support this fair and balanced rule, and to 
pass this responsible continuing resolution. Thank you, Mr. Chairman. I 
yield back the balance of my time.
  The CHAIRMAN. All time for general debate has expired.
  For what purpose does the gentleman from Wisconsin [Mr. Obey] rise?

                              {time}  1445

  Mr. OBEY. Mr. Chairman, I ask unanimous consent to strike the last 
word.
  The CHAIRMAN. Without objection, the gentleman is recognized for 5 
minutes.
  There was no objection.
  Mr. OBEY. Mr. Chairman, I do so so that the gentleman from Illinois 
[Mr. Porter], the subcommittee chairman, and I may make a few comments 
about a departing staff member for the Labor-HHS and Education 
Appropriations Subcommittee.
  Mike Stephens served this committee for a long, long time, beginning 
in 1976, and served as the subcommittee clerk and staff director for 
the Labor-HHS and Education Subcommittee from 1990 to 1994. He then 
served as the chief minority staffer for that subcommittee from January 
1995 until he retired from his job in January 1996.
  I think anyone who knows Mike Stephens knows that most of what the 
Congress has done in support of biomedical research through the years, 
it has done because of his knowledge and his guidance. No one who has 
served this committee, and I would certainly say no Member, knows more 
about the needs of biomedical research in this country or the inner 
workings of the National Institutes of Health than does Mike Stephens, 
and no one on Capitol Hill has been more responsible for the funding 
levels that we have provided for biomedical research through the years 
than has Mike Stephens.
  I must say as a person who came to cherish his friendship, his 
personal friendship, as well as his professional knowledge, I think the 
Congress has experienced a great loss with his decision to leave us. I 
know that feeling is shared by the distinguished chairman of the 
subcommittee.
  Mr. PORTER. Mr. Chairman, will the gentleman yield?
  Mr. OBEY. I yield to the gentleman from Illinois.
  Mr. PORTER. I thank the ranking member for yielding.
  Mr. Chairman, I want to tell the House how much we are all going to 
miss Mike Stephens. Mike served on the Labor-HHS Appropriations 
Subcommittee for over 20 years, 5 as clerk, and was enormously helpful 
to all members of the subcommittee, including those of us in the 
minority, throughout that time. I want to personally thank him for his 
honesty and professionalism in dealing with me during the 15 years I 
served in the minority on the subcommittee. He served with great skill 
under three chairmen--the flamboyant Dan Flood, the gentleman's 
gentleman Bill Natcher, and the doggedly determined Neal Smith. And he 
served all three with equal expertise and sensitivity. We sometimes 
felt he was an extension of the chairman himself. But he remained the 
consummate staffer at all times--quietly in the background, building 
consensus and brokering compromises, indispensable to the smooth 
functioning of the subcommittee. His dedication to the subcommittee, 
his devotion to the Congress as an institution, and his commitment to 
serving its Members and the public set the standard for those who 
follow him. Mike's retirement from the House is a great loss to our 
subcommittee and to the Congress. We wish him nothing but the best in 
his new ventures.
  Mr. OBEY. Mr. Chairman, I thank the gentleman.
  Mr. Chairman, let me simply say that none of Mike's service would 
have been possible without the dedicated willingness of his wife, 
Sharman, and his children, David, Julie, and Sarah and we wish them all 
well as Mike enters a new stage of his professional life.
  Mr. LIVINGSTON. Mr. Chairman, will the gentleman yield?
  Mr. OBEY. I yield to the gentleman from Louisiana.
  Mr. LIVINGSTON. Mr. Chairman, I thank the gentleman for yielding and 
I too want to join with the gentleman and with the gentleman from 
Illinois [Mr. Porter] for expressing our best wishes for lots of 
success and happiness to Mike Stephens in the time that he spends apart 
from Government and apart from this committee. He has rendered yeoman 
service to the United States of America, both to us in the Congress and 
to his former colleagues in the Marine Corps and he is an outstanding 
American citizen. We are proud to have worked with him here in the 
Congress. We do wish him well.
  The CHAIRMAN. Pursuant to the rule, the amendment printed in section 
2 of House Resolution 372 is adopted and the bill, as amended, is 
considered

[[Page H1879]]

as an original bill for further amendment.
  The text of H.R. 3019, as amended pursuant to House Resolution 372, 
is as follows:

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, and out of applicable 
     corporate or other revenues, receipts, and funds, for the 
     several departments, agencies, corporations,and other 
     organizational units of Government for the fiscal year 1996, 
     and for other purposes, namely:

                                TITLE I

                       CONTINUING APPROPRIATIONS

       Sec. 101. (a) Such amounts as may be necessary for 
     programs, projects or activities provided for in the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1996, at a rate of 
     operations and to the extent and in the manner provided for, 
     the provisions of such Act to be effective as if it had been 
     enacted into law as the regular appropriations Act, as 
     follows:

                                 AN ACT

       Making appropriations for the Departments of Commerce, 
     Justice, and State, the Judiciary, and related agencies for 
     the fiscal year ending September 30, 1996, and for other 
     purposes.

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration


                         salaries and expenses

       For expenses necessary for the administration of the 
     Department of Justice, $74,282,000; including not to exceed 
     $3,317,000 for the Facilities Program 2000, and 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 Offices of Legislative Affairs, Public 
     Affairs and Policy Development: Provided further, That the 
     latter three aforementioned offices shall not be augmented by 
     personnel details, temporary transfers of personnel on either 
     a reimbursable or non-reimbursable basis or any other type of 
     formal or informal transfer or reimbursement of personnel or 
     funds on either a temporary or long-term basis.


                         counterterrorism fund

       For necessary expenses, as determined by the Attorney 
     General, $16,898,000, to remain available until expended, to 
     reimburse any Department of Justice organization for (1) the 
     costs incurred in reestablishing the operational capability 
     of an office or facility which has been damaged or destroyed 
     as a result of the bombing of the Alfred P. Murrah Federal 
     Building in Oklahoma City or any domestic or international 
     terrorist incident, (2) the costs of providing support to 
     counter, investigate or prosecute domestic or international 
     terrorism, including payment of rewards in connection with 
     these activities, and (3) the costs of conducting a terrorism 
     threat assessment of Federal agencies and their facilities: 
     Provided, That funds provided under this section shall be 
     available only after the Attorney General notifies the 
     Committees on Appropriations of the House of Representatives 
     and the Senate in accordance with section 605 of this Act.


                   administrative review and appeals

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


  violent crime reduction programs, administrative review and appeals

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


                      office of inspector general

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

                    United States Parole Commission


                         salaries and expenses

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

                            Legal Activities


            salaries and expenses, general legal activities

                     (including transfer of funds)

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


       violent crime reduction programs, general legal activities

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


               salaries and expenses, antitrust division

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


             salaries and expenses, united states attorneys

       For necessary expenses of the Office of the United States 
     Attorneys, including intergovernmental agreements, 
     $895,509,000, of which not to exceed $2,500,000 shall be 
     available until September 30, 1997 for the purposes of (1) 
     providing training of personnel of the Department of Justice 
     in debt collection, (2) providing services to the Department 
     of Justice related to locating debtors and their property, 
     such as title searches, debtor skiptracing, asset searches, 
     credit reports and other investigations, (3) paying the costs 
     of the Department of Justice for the sale of property not 
     covered by the sale proceeds, such as auctioneers' fees and 
     expenses, maintenance and protection of property and 
     businesses, advertising and title search and surveying costs, 
     and (4) paying the costs of processing and tracking debts 
     owed to the United States Government: Provided, That of the 
     total amount appropriated, not to exceed $8,000 shall be 
     available for official reception and representation expenses: 
     Provided further, That not to exceed $10,000,000 of those 
     funds available for automated litigation support contracts 
     and $4,000,000 for security equipment shall remain available 
     until expended: Provided further, That in addition to 
     reimbursable full-time equivalent workyears available to the 
     Office of the United States Attorneys, not to exceed 8,595 
     positions and 8,862 full-time equivalent workyears shall be 
     supported from the funds appropriated in this Act for the 
     United States Attorneys.


       violent crime reduction programs, united states attorneys

       For activities authorized by sections 190001(d), 40114 and 
     130005 of Public Law 103-322, $30,000,000, to remain 
     available until expended, which shall be derived from the 
     Violent Crime Reduction Trust Fund, of which

[[Page H1880]]

     $20,269,000 shall be available to help meet increased demands 
     for litigation and related activities, $500,000 to implement 
     a program to appoint additional Federal Victim's Counselors, 
     and $9,231,000 for expeditious deportation of denied asylum 
     applicants.


                   united states trustee system fund

       For necessary expenses of the United States Trustee 
     Program, $102,390,000, as authorized by 28 U.S.C. 589a(a), to 
     remain available until expended, for activities authorized by 
     section 115 of the Bankruptcy Judges, United States Trustees, 
     and Family Farmer Bankruptcy Act of 1986 (Public Law 99-554), 
     which shall be derived from the United States Trustee System 
     Fund: Provided, That deposits to the Fund are available in 
     such amounts as may be necessary to pay refunds due 
     depositors: Provided further, That, notwithstanding any other 
     provision of law, not to exceed $44,191,000 of offsetting 
     collections derived from fees collected pursuant to section 
     589a(f) of title 28, United States Code, as amended, shall be 
     retained and used for necessary expenses in this 
     appropriation: Provided further, That the $102,390,000 herein 
     appropriated from the United States Trustee System Fund shall 
     be reduced as such offsetting collections are received during 
     fiscal year 1996, so as to result in a final fiscal year 1996 
     appropriation from such Fund estimated at not more than 
     $58,199,000: Provided further, That any of the aforementioned 
     fees collected in excess of $44,191,000 in fiscal year 1996 
     shall remain available until expended, but shall not be 
     available for obligation until October 1, 1996.


      salaries and expenses, foreign claims settlement commission

       For expenses necessary to carry out the activities of the 
     Foreign Claims Settlement Commission, including services as 
     authorized by 5 U.S.C. 3109, $830,000.


         salaries and expenses, united states marshals service

       For necessary expenses of the United States Marshals 
     Service; including the acquisition, lease, maintenance, and 
     operation of vehicles and aircraft, and the purchase of 
     passenger motor vehicles for police-type use without regard 
     to the general purchase price limitation for the current 
     fiscal year; $423,248,000, as authorized by 28 U.S.C. 561(i), 
     of which not to exceed $6,000 shall be available for official 
     reception and representation expenses.


    violent crime reduction programs, united states marshals service

       For activities authorized by section 190001(b) of Public 
     Law 103-322, $25,000,000, to remain available until expended, 
     which shall be derived from the Violent Crime Reduction Trust 
     Fund.


                       federal prisoner detention

                     (including transfer of funds)

       For expenses related to United States prisoners in the 
     custody of the United States Marshals Service as authorized 
     in 18 U.S.C. 4013, but not including expenses otherwise 
     provided for in appropriations available to the Attorney 
     General; $252,820,000, as authorized by 28 U.S.C. 561(i), to 
     remain available until expended.
       In addition, for Federal Prisoner Detention, $9,000,000 
     shall be made available until expended to be derived by 
     transfer from unobligated balances of the Working Capital 
     Fund in the Department of Justice.


                     fees and expenses of witnesses

       For expenses, mileage, compensation, and per diems of 
     witnesses, for expenses of contracts for the procurement and 
     supervision of expert witnesses, for private counsel 
     expenses, and for per diems in lieu of subsistence, as 
     authorized by law, including advances, $85,000,000, to remain 
     available until expended; of which not to exceed $4,750,000 
     may be made available for planning, construction, 
     renovations, maintenance, remodeling, and repair of buildings 
     and the purchase of equipment incident thereto for protected 
     witness safesites; of which not to exceed $1,000,000 may be 
     made available for the purchase and maintenance of armored 
     vehicles for transportation of protected witnesses; and of 
     which not to exceed $4,000,000 may be made available for the 
     purchase, installation and maintenance of a secure automated 
     information network to store and retrieve the identities and 
     locations of protected witnesses.


           salaries and expenses, Community Relations Service

       For necessary expenses of the Community Relations Service, 
     established by title X of the Civil Rights Act of 1964, 
     $5,319,000.


                         assets forfeiture fund

       For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), 
     (C), (F), and (G), as amended, $30,000,000 to be derived from 
     the Department of Justice Assets Forfeiture Fund.

                    Radiation Exposure Compensation


                        administrative expenses

       For necessary administrative expenses in accordance with 
     the Radiation Exposure Compensation Act, $2,655,000.


         payment to radiation exposure compensation trust fund

       For payments to the Radiation Exposure Compensation Trust 
     Fund, $16,264,000, to become available on October 1, 1996.

                      Interagency Law Enforcement


                 interagency crime and drug enforcement

       For necessary expenses for the detection, investigation, 
     and prosecution of individuals involved in organized crime 
     drug trafficking not otherwise provided for, to include 
     intergovernmental agreements with State and local law 
     enforcement agencies engaged in the investigation and 
     prosecution of individuals involved in organized crime drug 
     trafficking, $359,843,000, of which $50,000,000 shall remain 
     available until expended: Provided, That any amounts 
     obligated from appropriations under this heading may be used 
     under authorities available to the organizations reimbursed 
     from this appropriation: Provided further, That any 
     unobligated balances remaining available at the end of the 
     fiscal year shall revert to the Attorney General for 
     reallocation among participating organizations in succeeding 
     fiscal years, subject to the reprogramming procedures 
     described in section 605 of this Act.

                    Federal Bureau of Investigation


                         salaries and expenses

                     (including transfer of funds)

       For expenses necessary for detection, investigation, and 
     prosecution of crimes against the United States; including 
     purchase for police-type use of not to exceed 1,815 passenger 
     motor vehicles of which 1,300 will be for replacement only, 
     without regard to the general purchase price limitation for 
     the current fiscal year, and hire of passenger motor 
     vehicles; acquisition, lease, maintenance and operation of 
     aircraft; and not to exceed $70,000 to meet unforeseen 
     emergencies of a confidential character, to be expended under 
     the direction of, and to be accounted for solely under the 
     certificate of, the Attorney General; $2,189,183,000, of 
     which not to exceed $50,000,000 for automated data processing 
     and telecommunications and technical investigative equipment 
     and $1,000,000 for undercover operations shall remain 
     available until September 30, 1997; of which not less than 
     $102,345,000 shall be for counterterrorism investigations, 
     foreign counterintelligence, and other activities related to 
     our national security; of which not to exceed $98,400,000 
     shall remain available until expended; of which not to exceed 
     $10,000,000 is authorized to be made available for making 
     payments or advances for expenses arising out of contractual 
     or reimbursable agreements with State and local law 
     enforcement agencies while engaged in cooperative activities 
     related to violent crime, terrorism, organized crime, and 
     drug investigations; and of which $1,500,000 shall be 
     available to maintain an independent program office dedicated 
     solely to the relocation of the Criminal Justice Information 
     Services Division and the automation of fingerprint 
     identification services: Provided, That not to exceed $45,000 
     shall be available for official reception and representation 
     expenses: Provided further, That $58,000,000 shall be made 
     available for NCIC 2000, of which not less than $35,000,000 
     shall be derived from ADP and Telecommunications unobligated 
     balances, and of which $22,000,000 shall be derived by 
     transfer and available until expended from unobligated 
     balances in the Working Capital Fund of the Department of 
     Justice.


                    violent crime reduction programs

       For activities authorized by Public Law 103-322, 
     $218,300,000, to remain available until expended, which shall 
     be derived from the Violent Crime Reduction Trust Fund, of 
     which $208,800,000 shall be for activities authorized by 
     section 190001(c); $4,000,000 for Training and Investigative 
     Assistance authorized by section 210501(c)(2); and $5,500,000 
     for establishing DNA quality assurance and proficiency 
     testing standards, establishing an index to facilitate law 
     enforcement exchange of DNA identification information, and 
     related activities authorized by section 210306.


                              construction

       For necessary expenses to construct or acquire buildings 
     and sites by purchase, or as otherwise authorized by law 
     (including equipment for such buildings); conversion and 
     extension of federally-owned buildings; and preliminary 
     planning and design of projects; $97,589,000, to remain 
     available until expended.

                    Drug Enforcement Administration


                         salaries and expenses

       For necessary expenses of the Drug Enforcement 
     Administration, including not to exceed $70,000 to meet 
     unforeseen emergencies of a confidential character, to be 
     expended under the direction of, and to be accounted for 
     solely under the certificate of, the Attorney General; 
     expenses for conducting drug education and training programs, 
     including travel and related expenses for participants in 
     such programs and the distribution of items of token value 
     that promote the goals of such programs; purchase of not to 
     exceed 1,208 passenger motor vehicles, of which 1,178 will be 
     for replacement only, for police-type use without regard to 
     the general purchase price limitation for the current fiscal 
     year; and acquisition, lease, maintenance, and operation of 
     aircraft; $745,668,000, of which not to exceed $1,800,000 for 
     research and $15,000,000 for transfer to the Drug Diversion 
     Control Fee Account for operating expenses shall remain 
     available until expended, and of which not to exceed 
     $4,000,000 for purchase of evidence and payments for 
     information, not to exceed $4,000,000 for contracting for ADP 
     and telecommunications equipment, and not to exceed 
     $2,000,000 for technical and laboratory equipment shall 
     remain available until September 30, 1997, and of which not 
     to exceed

[[Page H1881]]

     $50,000 shall be available for official reception and 
     representation expenses.


                    violent crime reduction programs

       For activities authorized by sections 180104 and 190001(b) 
     of Public Law 103-322, $60,000,000, to remain available until 
     expended, which shall be derived from the Violent Crime 
     Reduction Trust Fund.

                 Immigration and Naturalization Service


                         salaries and expenses

       For expenses, not otherwise provided for, necessary for the 
     administration and enforcement of the laws relating to 
     immigration, naturalization, and alien registration, 
     including not to exceed $50,000 to meet unforeseen 
     emergencies of a confidential character, to be expended under 
     the direction of, and to be accounted for solely under the 
     certificate of, the Attorney General; purchase for police-
     type use (not to exceed 813 of which 177 are for replacement 
     only) without regard to the general purchase price limitation 
     for the current fiscal year, and hire of passenger motor 
     vehicles; acquisition, lease, maintenance and operation of 
     aircraft; and research related to immigration enforcement; 
     $1,394,825,000, of which $36,300,000 shall remain available 
     until September 30, 1997; of which $506,800,000 is available 
     for the Border Patrol; of which not to exceed $400,000 for 
     research shall remain available until expended; and of which 
     not to exceed $10,000,000 shall be available for costs 
     associated with the training program for basic officer 
     training: Provided, That none of the funds available to the 
     Immigration and Naturalization Service shall be available for 
     administrative expenses to pay any employee overtime pay in 
     an amount in excess of $25,000 during the calendar year 
     beginning January 1, 1996: Provided further, That uniforms 
     may be purchased without regard to the general purchase price 
     limitation for the current fiscal year: Provided further, 
     That not to exceed $5,000 shall be available for official 
     reception and representation expenses: Provided further, That 
     the Attorney General may transfer to the Department of Labor 
     and the Social Security Administration not to exceed 
     $10,000,000 for programs to verify the immigration status of 
     persons seeking employment in the United States: Provided 
     further, That none of the funds provided in this or any other 
     Act shall be used for the continued operation of the San 
     Clemente and Temecula checkpoints unless: (1) the checkpoints 
     are open and traffic is being checked on a continuous 24-hour 
     basis and (2) the Immigration and Naturalization Service 
     undertakes a commuter lane facilitation pilot program at the 
     San Clemente checkpoint within 90 days of enactment of this 
     Act: Provided further, That the Immigration and 
     Naturalization Service shall undertake the renovation and 
     improvement of the San Clemente checkpoint, to include the 
     addition of two to four lanes, and which shall be exempt from 
     Federal procurement regulations for contract formation, from 
     within existing balances in the Immigration and 
     Naturalization Service Construction account: Provided 
     further, That if renovation of the San Clemente checkpoint is 
     not completed by July 1, 1996, the San Clemente checkpoint 
     will close until such time as the renovations and 
     improvements are completed unless funds for the continued 
     operation of the checkpoint are provided and made available 
     for obligation and expenditure in accordance with procedures 
     set forth in section 605 of this Act, as the result of 
     certification by the Attorney General that exigent 
     circumstances require the checkpoint to be open and delays in 
     completion of the renovations are not the result of any 
     actions that are or have been in the control of the 
     Department of Justice: Provided further, That the Office of 
     Public Affairs at the Immigration and Naturalization Service 
     shall conduct its business in areas only relating to its 
     central mission, including: research, analysis, and 
     dissemination of information, through the media and other 
     communications outlets, relating to the activities of the 
     Immigration and Naturalization Service: Provided further, 
     That the Office of Congressional Relations at the Immigration 
     and Naturalization Service shall conduct business in areas 
     only relating to its central mission, including: providing 
     services to Members of Congress relating to constituent 
     inquiries and requests for information; and working with the 
     relevant congressional committees on proposed legislation 
     affecting immigration matters: Provided further, That in 
     addition to amounts otherwise made available in this title to 
     the Attorney General, the Attorney General is authorized to 
     accept and utilize, on behalf of the United States, the 
     $100,000 Innovation in American Government Award for 1995 
     from the Ford Foundation for the Immigration and 
     Naturalization Service's Operation Jobs program.


                    violent crime Reduction programs

       For activities authorized by sections 130005, 130006, and 
     130007 of Public Law 103-322, $316,198,000, to remain 
     available until expended, which will be derived from the 
     Violent Crime Reduction Trust Fund, of which $38,704,000 
     shall be for expeditious deportation of denied asylum 
     applicants, $231,570,000 for improving border controls, and 
     $45,924,000 for expanded special deportation proceedings: 
     Provided, That of the amounts made available, $75,765,000 
     shall be for the Border Patrol.


                              construction

       For planning, construction, renovation, equipping and 
     maintenance of buildings and facilities necessary for the 
     administration and enforcement of the laws relating to 
     immigration, naturalization, and alien registration, not 
     otherwise provided for, $25,000,000, to remain available 
     until expended.

                         Federal Prison System


                         salaries and expenses

       For expenses necessary for the administration, operation, 
     and maintenance of Federal penal and correctional 
     institutions, including purchase (not to exceed 853, of which 
     559 are for replacement only) and hire of law enforcement and 
     passenger motor vehicles; and for the provision of technical 
     assistance and advice on corrections related issues to 
     foreign governments; $2,567,578,000: Provided, That there may 
     be transferred to the Health Resources and Services 
     Administration such amounts as may be necessary, in the 
     discretion of the Attorney General, for direct expenditures 
     by that Administration for medical relief for inmates of 
     Federal penal and correctional institutions: Provided 
     further, That the Director of the Federal Prison System 
     (FPS), where necessary, may enter into contracts with a 
     fiscal agent/fiscal intermediary claims processor to 
     determine the amounts payable to persons who, on behalf of 
     the FPS, furnish health services to individuals committed to 
     the custody of the FPS: Provided further, That uniforms may 
     be purchased without regard to the general purchase price 
     limitation for the current fiscal year: Provided further, 
     That not to exceed $6,000 shall be available for official 
     reception and representation expenses: Provided further, That 
     not to exceed $50,000,000 for the activation of new 
     facilities shall remain available until September 30, 1997: 
     Provided further, That of the amounts provided for Contract 
     Confinement, not to exceed $20,000,000 shall remain available 
     until expended to make payments in advance for grants, 
     contracts and reimbursable agreements and other expenses 
     authorized by section 501(c) of the Refugee Education 
     Assistance Act of 1980 for the care and security in the 
     United States of Cuban and Haitian entrants: Provided 
     further, That no funds appropriated in this Act shall be used 
     to privatize any Federal prison facilities located in Forrest 
     City, Arkansas, and Yazoo City, Mississippi: Provided 
     further, That obligations incurred for the National Institute 
     of Corrections through March 15, 1996 shall be charged to the 
     amount made available under this heading.


                    violent crime reduction programs

       For substance abuse treatment in Federal prisons as 
     authorized by section 32001(e) of Public Law 103-322, 
     $13,500,000, to remain available until expended, which shall 
     be derived from the Violent Crime Reduction Trust Fund.


                        buildings and facilities

       For planning, acquisition of sites and construction of new 
     facilities; leasing the Oklahoma City Airport Trust Facility; 
     purchase and acquisition of facilities and remodeling and 
     equipping of such facilities for penal and correctional use, 
     including all necessary expenses incident thereto, by 
     contract or force account; and constructing, remodeling, and 
     equipping necessary buildings and facilities at existing 
     penal and correctional institutions, including all necessary 
     expenses incident thereto, by contract or force account; 
     $334,728,000, to remain available until expended, of which 
     not to exceed $14,074,000 shall be available to construct 
     areas for inmate work programs: Provided, That labor of 
     United States prisoners may be used for work performed under 
     this appropriation: Provided further, That not to exceed 10 
     percent of the funds appropriated to ``Buildings and 
     Facilities'' in this Act or any other Act may be transferred 
     to ``Salaries and Expenses'', Federal Prison System upon 
     notification by the Attorney General to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     in compliance with provisions set forth in section 605 of 
     this Act: Provided further, That of the total amount 
     appropriated, not to exceed $22,351,000 shall be available 
     for the renovation and construction of United States Marshals 
     Service prisoner holding facilities.


                federal prison industries, incorporated

       The Federal Prison Industries, Incorporated, is hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available, and in accord with 
     the law, and to make such contracts and commitments, without 
     regard to fiscal year limitations as provided by section 9104 
     of title 31, United States Code, as may be necessary in 
     carrying out the program set forth in the budget for the 
     current fiscal year for such corporation, including purchase 
     of (not to exceed five for replacement only) and hire of 
     passenger motor vehicles.


   limitation on administrative expenses, federal prison industries, 
                              incorporated

       Not to exceed $3,559,000 of the funds of the corporation 
     shall be available for its administrative expenses, and for 
     services as authorized by 5 U.S.C. 3109, to be computed on an 
     accrual basis to be determined in accordance with the 
     corporation's current prescribed accounting system, and such 
     amounts shall be exclusive of depreciation, payment of 
     claims, and expenditures which the said accounting system 
     requires to be capitalized or charged to cost of commodities 
     acquired or produced, including selling and shipping 
     expenses, and expenses in connection with acquisition, 
     construction, operation, maintenance, improvement, 
     protection, or disposition of facilities and other

[[Page H1882]]

     property belonging to the corporation or in which it has an 
     interest.

                       Office of Justice Programs


                           justice assistance

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968, as amended, and the Missing 
     Children's Assistance Act, as amended, including salaries and 
     expenses in connection therewith, and with the Victims of 
     Crime Act of 1984, as amended, $99,977,000, to remain 
     available until expended, as authorized by section 1001 of 
     title I of the Omnibus Crime Control and Safe Streets Act, as 
     amended by Public Law 102-534 (106 Stat. 3524).


          violent crime reduction programs, justice assistance

       For assistance (including amounts for administrative costs 
     for management and administration, which amounts shall be 
     transferred to and merged with the ``Justice Assistance'' 
     account) authorized by the Violent Crime Control and Law 
     Enforcement Act of 1994, Public Law 103-322 (``the 1994 
     Act''); the Omnibus Crime Control and Safe Streets Act of 
     1968, as amended (``the 1968 Act''); and the Victims of Child 
     Abuse Act of 1990, as amended (``the 1990 Act''); 
     $202,400,000, to remain available until expended, which shall 
     be derived from the Violent Crime Reduction Trust Fund; of 
     which $6,000,000 shall be for the Court Appointed Special 
     Advocate Program, as authorized by section 218 of the 1990 
     Act; $750,000 for Child Abuse Training Programs for Judicial 
     Personnel and Practitioners, as authorized by section 224 of 
     the 1990 Act; $130,000,000 for Grants to Combat Violence 
     Against Women to States, units of local governments and 
     Indian tribal governments, as authorized by section 
     1001(a)(18) of the 1968 Act; $28,000,000 for Grants to 
     Encourage Arrest Policies to States, units of local 
     governments and Indian tribal governments, as authorized by 
     section 1001(a)(19) of the 1968 Act; $7,000,000 for Rural 
     Domestic Violence and Child Abuse Enforcement Assistance 
     Grants, as authorized by section 40295 of the 1994 Act; 
     $1,000,000 for training programs to assist probation and 
     parole officers who work with released sex offenders, as 
     authorized by section 40152(c) of the Violent Crime Control 
     and Law Enforcement Act of 1994; $50,000 for grants for 
     televised testimony, as authorized by section 1001(a)(7) of 
     the Omnibus Crime Control and Safe Streets Act of 1968; 
     $200,000 for the study of State databases on the incidence of 
     sexual and domestic violence, as authorized by section 40292 
     of the Violent Crime Control and Law Enforcement Act of 1994; 
     $1,500,000 for national stalker and domestic violence 
     reduction, as authorized by section 40603 of the 1994 Act; 
     $27,000,000 for grants for residential substance abuse 
     treatment for State prisoners authorized by section 
     1001(a)(17) of the 1968 Act; and $900,000 for the Missing 
     Alzheimer's Disease Patient Alert Program, as authorized by 
     section 240001(d) of the 1994 Act: Provided, That any 
     balances for these programs shall be transferred to and 
     merged with this appropriation.


               state and local law enforcement assistance

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by part E of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968, as amended, for 
     State and Local Narcotics Control and Justice Assistance 
     Improvements, notwithstanding the provisions of section 511 
     of said Act, $388,000,000, to remain available until 
     expended, as authorized by section 1001 of title I of said 
     Act, as amended by Public Law 102-534 (106 Stat. 3524), of 
     which $60,000,000 shall be available to carry out the 
     provisions of chapter A of subpart 2 of part E of title I of 
     said Act, for discretionary grants under the Edward Byrne 
     Memorial State and Local Law Enforcement Assistance Programs: 
     Provided, That balances of amounts appropriated prior to 
     fiscal year 1995 under the authorities of this account shall 
     be transferred to and merged with this account.


   violent crime reduction programs, state and local law enforcement 
                               assistance

       For assistance (including amounts for administrative costs 
     for management and administration, which amounts shall be 
     transferred to and merged with the ``Justice Assistance'' 
     account) authorized by the Violent Crime Control and Law 
     Enforcement Act of 1994, Public Law 103-322 (``the 1994 
     Act''); the Omnibus Crime Control and Safe Streets Act of 
     1968, as amended (``the 1968 Act''); and the Victims of Child 
     Abuse Act of 1990, as amended (``the 1990 Act''); 
     $3,005,200,000, to remain available until expended, which 
     shall be derived from the Violent Crime Reduction Trust Fund; 
     of which $1,903,000,000 shall be for Local Law Enforcement 
     Block Grants, pursuant to H.R. 728 as passed by the House of 
     Representatives on February 14, 1995 for the purposes set 
     forth in paragraphs (A), (B), (D), (F), and (I) of section 
     101(a)(2) of H.R. 728 and for establishing crime prevention 
     programs involving cooperation between community residents 
     and law enforcement personnel in order to control, detect, or 
     investigate crime or the prosecution of criminals: Provided, 
     That recipients are encouraged to use these funds to hire 
     additional law enforcement officers: Provided further, That 
     funds may also be used to defray the costs of indemnification 
     insurance for law enforcement officers: Provided further, 
     That $10,000,000 of this amount shall be available for 
     educational expenses as set forth in section 200103 of the 
     1994 Act; $25,000,000 for grants to upgrade criminal records, 
     as authorized by section 106(b) of the Brady Handgun Violence 
     Prevention Act of 1993, as amended, and section 4(b) of the 
     National Child Protection Act of 1993; $147,000,000 as 
     authorized by section 1001 of title I of the 1968 Act, which 
     shall be available to carry out the provisions of subpart 1, 
     part E of title I of the 1968 Act, notwithstanding section 
     511 of said Act, for the Edward Byrne Memorial State and 
     Local Law Enforcement Assistance Programs; $300,000,000 for 
     the State Criminal Alien Assistance Program, as authorized by 
     section 242(j) of the Immigration and Nationality Act, as 
     amended; $617,500,000 for Violent Offender Incarceration and 
     Truth in Sentencing Incentive Grants pursuant to subtitle A 
     of title II of the Violent Crime Control and Law Enforcement 
     Act of 1994 (as amended by section 114 of this Act), of which 
     $200,000,000 shall be available for payments to States for 
     incarceration of criminal aliens, and of which $12,500,000 
     shall be available for the Cooperative Agreement Program; 
     $1,000,000 for grants to States and units of local government 
     for projects to improve DNA analysis, as authorized by 
     section 1001(a)(22) of the 1968 Act; $9,000,000 for Improved 
     Training and Technical Automation Grants, as authorized by 
     section 210501(c)(1) of the 1994 Act; $1,000,000 for Law 
     Enforcement Family Support Programs, as authorized by section 
     1001(a)(21) of the 1968 Act; $500,000 for Motor Vehicle Theft 
     Prevention Programs, as authorized by section 220002(h) of 
     the 1994 Act; $1,000,000 for Gang Investigation Coordination 
     and Information Collection, as authorized by section 150006 
     of the 1994 Act; $200,000 for grants as authorized by section 
     32201(c)(3) of the 1994 Act: Provided further, That funds 
     made available in fiscal year 1996 under subpart 1 of part E 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968, as amended, may be obligated for programs to assist 
     States in the litigation processing of death penalty Federal 
     habeas corpus petitions: Provided further, That any 1995 
     balances for these programs shall be transferred to and 
     merged with this appropriation: Provided further, That if a 
     unit of local government uses any of the funds made available 
     under this title to increase the number of law enforcement 
     officers, the unit of local government will achieve a net 
     gain in the number of law enforcement officers who perform 
     nonadministrative public safety service: Provided further, 
     That obligations incurred for Drug Courts through March 15, 
     1996 shall be charged to the amount made available under this 
     heading for Local Law Enforcement Block Grants.


                       weed and seed program fund

       For necessary expenses, including salaries and related 
     expenses of the Executive Office for Weed and Seed, to 
     implement ``Weed and Seed'' program activities, $28,500,000, 
     which shall be derived from discretionary grants provided 
     under the Edward Byrne Memorial State and Local Law 
     Enforcement Assistance Programs, to remain available until 
     expended for intergovernmental agreements, including grants, 
     cooperative agreements, and contracts, with State and local 
     law enforcement agencies engaged in the investigation and 
     prosecution of violent crimes and drug offenses in ``Weed and 
     Seed'' designated communities, and for either reimbursements 
     or transfers to appropriation accounts of the Department of 
     Justice and other Federal agencies which shall be specified 
     by the Attorney General to execute the ``Weed and Seed'' 
     program strategy: Provided, That funds designated by Congress 
     through language for other Department of Justice 
     appropriation accounts for ``Weed and Seed'' program 
     activities shall be managed and executed by the Attorney 
     General through the Executive Office for Weed and Seed: 
     Provided further, That the Attorney General may direct the 
     use of other Department of Justice funds and personnel in 
     support of ``Weed and Seed'' program activities only after 
     the Attorney General notifies the Committees on 
     Appropriations of the House of Representatives and the Senate 
     in accordance with section 605 of this Act.


                       juvenile justice programs

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Juvenile Justice and Delinquency 
     Prevention Act of 1974, as amended, including salaries and 
     expenses in connection therewith to be transferred to and 
     merged with the appropriations for Justice Assistance, 
     $144,000,000, to remain available until expended, as 
     authorized by section 299 of part I of title II and section 
     506 of title V of the Act, as amended by Public Law 102-586, 
     of which: (1) $100,000,000 shall be available for expenses 
     authorized by parts A, B, and C of title II of the Act; (2) 
     $10,000,000 shall be available for expenses authorized by 
     sections 281 and 282 of part D of title II of the Act for 
     prevention and treatment programs relating to juvenile gangs; 
     (3) $10,000,000 shall be available for expenses authorized by 
     section 285 of part E of title II of the Act; (4) $4,000,000 
     shall be available for expenses authorized by part G of title 
     II of the Act for juvenile mentoring programs; and (5) 
     $20,000,000 shall be available for expenses authorized by 
     title V of the Act for incentive grants for local delinquency 
     prevention programs.
       In addition, for grants, contracts, cooperative agreements, 
     and other assistance authorized by the Victims of Child Abuse 
     Act of 1990, as amended, $4,500,000, to remain available 
     until expended, as authorized by

[[Page H1883]]

     section 214B, of the Act: Provided, That balances of amounts 
     appropriated prior to fiscal year 1995 under the authorities 
     of this account shall be transferred to and merged with this 
     account.


                    public safety officers benefits

       For payments authorized by part L of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796), 
     as amended, such sums as are necessary, to remain available 
     until expended, as authorized by section 6093 of Public Law 
     100-690 (102 Stat. 4339-4340), and, in addition, $2,134,000, 
     to remain available until expended, for payments as 
     authorized by section 1201(b) of said Act.

               General Provisions--Department of Justice

       Sec. 114. (a) Grant Program.--Subtitle A of title II of the 
     Violent Crime and Law Enforcement Act of 1994 is amended to 
     read as follows:
 ``Subtitle A--Violent Offender Incarceration and Truth-in-Sentencing 
                            Incentive Grants

     ``SEC. 20101. DEFINITIONS.

       ``As used in this subtitle--
       ``(1) the term ``indeterminate sentencing' means a system 
     by which--
       ``(A) the court may impose a sentence of a range defined by 
     statute; and
       ``(B) an administrative agency, generally the parole board, 
     or the court, controls release within the statutory range;
       ``(2) the term `part 1 violent crime' means murder and 
     nonnegligent manslaughter, forcible rape, robbery, and 
     aggravated assault as reported to the Federal Bureau of 
     Investigation for purposes of the Uniform Crime Reports; and
       ``(3) the term `State' means a State of the United States, 
     the District of Columbia, or any commonwealth, territory, or 
     possession of the United States.

     ``SEC. 20102. AUTHORIZATION OF GRANTS.

       ``(a) In General.--The Attorney General shall provide 
     grants to eligible States--
       ``(1) to build or expand correctional facilities to 
     increase the prison bed capacity for the confinement of 
     persons convicted of a part 1 violent crime or adjudicated 
     delinquent for an act which if committed by an adult, would a 
     part 1 violent crime;
       ``(2) to build or expand temporary or permanent 
     correctional facilities, including facilities on military 
     bases, prison barges, and boot camps, for the confinement of 
     convicted nonviolent offenders and criminal aliens, for the 
     purpose of freeing suitable existing prison space for the 
     confinement of persons convicted of a part 1 violent crime; 
     and
       ``(3) to build or expand jails.
       ``(b) Regional Compacts.--
       ``(1) In general.--Subject to paragraph (2), States may 
     enter into regional compacts to carry out this subtitle. Such 
     compacts shall be treated as States under this subtitle.
       ``(2) Requirement.--To be recognized as a regional compact 
     for eligibility for a grant under section 20103 or 20104, 
     each member State must be eligible individually.
       ``(3) Limitation on receipt of funds.--No State may receive 
     a grant under this subtitle both individually and as part of 
     a compact.
       ``(c) Limitations.--
       ``(1) Except as provided in paragraph (2), an eligible 
     State may receive either a general grant under section 20103 
     or a truth-in-sentencing incentive grant under section 20104.
       ``(2) Exception.--An eligible State may receive a grant 
     under both sections 20103 and 20104 if the amount that such 
     State is eligible to receive under section 20103 in a year 
     equals or exceeds the amount that such State is eligible to 
     receive under section 20104 for that year.
       ``(d) Applicability.--Notwithstanding the eligibility 
     requirements of sections 20103 and 20104, a State that 
     certifies to the Attorney General that, as of the date of 
     enactment of the Department of Justice Appropriations Act, 
     1996, such State has enacted legislation in reliance on 
     subtitle A of title II of the Violent Crime Control and Law 
     Enforcement Act, as enacted on September 13, 1994, and would 
     in fact qualify under those provisions, shall be eligible 
     to receive a grant for fiscal year 1996 as though such 
     State qualifies under sections 20103 or 20104 of this 
     subtitle.

     ``SEC. 20103. GENERAL GRANTS.

       ``(a) In General.--To be eligible to receive a grant under 
     this section, a State shall submit an application to the 
     Attorney General that provides assurances that such State 
     has, since 1993--
       ``(1) increased the percentage of persons convicted of a 
     part 1 violent crime sentenced to prison;
       ``(2) increased the average prison time actually to be 
     served in prison by persons convicted of a part 1 violent 
     crime sentenced to prison; and
       ``(3) increased the average percentage of time of the 
     sentence to be actually served in prison by persons convicted 
     of a part 1 violent crime and sentenced to prison.
       ``(b) Indeterminate Sentencing Exception.--Notwithstanding 
     subsection (a), a State shall be eligible for a grant under 
     this section if such State submits an application to the 
     Attorney General that provides assurances that the State on 
     the date of the enactment of the Departments of Commerce, 
     Justice, and State, the Judiciary and Related Agencies 
     Appropriations Act, 1996--
       ``(1) practices indeterminate sentencing with regard to any 
     part 1 violent crime; and
       ``(2) since 1993 the State has increased--
       ``(A) the percentage of persons convicted of a part 1 
     violent crime sentenced to prison; and
       ``(B) the average time served in the State for the offenses 
     of murder, rape, and robbery under the State's sentencing and 
     release guidelines for such offenses.

     ``SEC. 20104. TRUTH-IN-SENTENCING INCENTIVE GRANTS.

       ``(a) Eligibility.--To be eligible to receive a grant under 
     this section, a State shall submit an application to the 
     Attorney General that provides assurances that--
       ``(1) such State has implemented truth-in-sentencing laws 
     that require persons convicted of a part 1 violent crime to 
     serve not less than 85 percent of the sentence imposed (not 
     counting time not actually served, such as administrative or 
     statutory incentives for good behavior);
       ``(2) such State has truth-in-sentencing laws that have 
     been enacted, but not yet implemented, that require such 
     State, not later than 3 years after such State submits an 
     application to the Attorney General, to provide that persons 
     convicted of a part 1 violent crime serve not less than 85 
     percent of the sentence imposed; or
       ``(3) if, in the case of a State that on the date of 
     enactment of the Departments of Commerce, Justice, and State, 
     the Judiciary and Related Agencies Appropriations Act, 1996, 
     practices indeterminate sentencing with regard to any part 1 
     violent crime, such State demonstrates that the average time 
     served for part 1 violent crimes in the State equals at least 
     85 percent of the sentences established for such crimes under 
     the State's sentencing and release guidelines (not counting 
     time not actually served, such as administrative or statutory 
     incentives for good behavior).
       ``(b) Exception.--Notwithstanding subsection (a), a State 
     may provide that the Governor of the State may allow for the 
     earlier release of--
       ``(1) a geriatric prisoner; or
       ``(2) a prisoner whose medical condition precludes the 
     prisoner from posing a threat to the public, but only after a 
     public hearing in which representatives of the public and the 
     prisoner's victims have had an opportunity to be heard 
     regarding a proposed release.

     ``SEC. 20105. SPECIAL RULES.

       ``(a) Sharing of Funds With Counties and Other Units of 
     Local Government.--
       ``(1) Reservation.--Each State shall reserve not more than 
     15 percent of the amount of funds allocated in a fiscal year 
     pursuant to section 20106 for counties and units of local 
     government to construct, develop, expand, modify, or improve 
     jails and other correctional facilities.
       ``(2) Factors for determination of amount.--To determine 
     the amount of funds to be reserved under this subsection, a 
     State shall consider the burden placed on a county or unit of 
     local government that results from the implementation of 
     policies adopted by the State to carry out sections 20103 and 
     20104.
       ``(b) Additional Requirement.--To be eligible to receive a 
     grant under section 20103 or 20104, a State shall provide 
     assurances to the Attorney General that the State has 
     implemented or will implement not later than 18 months after 
     the date of the enactment of this subtitle policies that 
     provide for the recognition of the rights and needs of crime 
     victims.
       ``(c) Funds for Juvenile Offenders.--Notwithstanding any 
     other provision of this subtitle, if a State, or unit of 
     local government located in a State that otherwise meets the 
     requirements of sections 20103 or 20104, certifies to the 
     Attorney General that exigent circumstances exist that 
     require the State to expend funds to confine juvenile 
     offenders, the State may use funds received under this 
     subtitle to build or expand juvenile correctional facilities 
     or pretrial detention facilities for juvenile offenders.
       ``(d) Private Facilities.--A State may use funds received 
     under this subtitle for the privatization of facilities to 
     carry out the purposes of section 20102.

     ``SEC. 20106. FORMULA FOR GRANTS.

       ``In determining the amount of funds that may be granted to 
     each State eligible to receive a grant under section 20103 or 
     20104, the Attorney General shall apply the following 
     formula:
       ``(1) Minimum amount for grants under section 20103.--Of 
     the amount set aside for grants for section 20103, 0.6 
     percent shall be allocated to each eligible State, except 
     that the United States Virgin Islands, American Samoa, Guam, 
     and the Commonwealths of Puerto Rico and the Northern Mariana 
     Islands shall each be allocated 0.05 percent.
       ``(2) Minimum amount for grants under section 20104.--Of 
     the amount set aside for grants for section 20104--
       ``(A) if less than 20 States are awarded grants under 
     section 20104, 2.5 percent of the amounts paid shall be 
     allocated to each eligible State, except that the United 
     States Virgin Islands, American Samoa, Guam, and the 
     Commonwealths of Puerto Rico and the Northern Mariana Islands 
     shall each be allocated 0.05 percent; and
       ``(B) if 20 or more States are awarded grants under section 
     20104, 2.0 percent of the amounts awarded shall be allocated 
     to each eligible State in a fiscal year for a grant under 
     section 20104, except that the United States Virgin Islands, 
     American Samoa, Guam, and the Commonwealths of Puerto Rico 
     and the Northern Mariana Islands shall each be allocated 0.04 
     percent.
       ``(3) Additional amounts based on number of part 1 violent 
     crimes.--
       ``(A) Distribution of remaining amounts.--The amounts 
     remaining after the

[[Page H1884]]

     application of paragraph (1) or (2) shall be allocated to 
     each eligible State in the ration that the average annual 
     number of part 1 violent crimes reported by such State to 
     the Federal Bureau of Investigation for the 3 years 
     preceding the year in which the determination is made 
     bears to the average annual number of part 1 violent 
     crimes reported by all such States to the Federal Bureau 
     of Investigation for the 3 years preceding the year in 
     which the determination is made.
       ``(B) Unavailable data.--If data regarding part 1 violent 
     crimes in any State is unavailable for the 3 years preceding 
     the year in which the determination is made or substantially 
     inaccurate, the Attorney General shall utilize the best 
     available comparable data regarding the number of violent 
     crimes for the previous year for the State for the purposes 
     of allocation of funds under this subtitle.
       ``(4) Regional compacts.--In determining the funds that 
     States organized as a regional compact may receive, the 
     Attorney General shall first apply the formula in either 
     paragraph (1) or (2) and (3) of this section to each member 
     State of the compact. The States organized as a regional 
     compact may receive the sum of the amounts so determined.

     ``SEC. 20107. ACCOUNTABILITY.

       ``(a) Fiscal Requirements.--A State that receives funds 
     under this subtitle shall use accounting, audit, and fiscal 
     procedures that conform to guidelines prescribed by the 
     Attorney General, and shall ensure that any funds used to 
     carry out the programs under section 20102(a) shall represent 
     the best value for the State governments at the lowest 
     possible cost and employ the best available technology.
       ``(b) Administrative Provisions.--The administrative 
     provisions of sections 801 and 802 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 shall apply to the 
     Attorney General under this subtitle in the same manner that 
     such provisions apply to the officials listed in such 
     sections.

     ``SEC. 20108. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--
       ``(1) Authorizations.--There are authorized to be 
     appropriated to carry out this subtitle--
       ``(A) $997,500,000 for fiscal year 1996;
       ``(B) $1,330,000,000 for fiscal year 1997;
       ``(C) $2,527,999,000 for fiscal year 1998;
       ``(D) $2,660,000,000 for fiscal year 1999; and
       ``(E) $2,753,100,000 for fiscal year 2000.
       ``(2) Distribution.--
       ``(A) In general.--Subject to section 20109, and except as 
     provided in subparagraph (B), of the amount appropriated 
     pursuant to paragraph (1)--
       ``(i) one-third of such amount shall be allocated pursuant 
     to section 20106 to eligible states under section 20103; and
       ``(ii) two-thirds of such amount shall be allocated 
     pursuant to section 20106 to eligible states under section 
     20104.
       ``(B) Additional funds.--Subject to section 20109, if the 
     amount appropriated pursuant to paragraph (1) exceeds 
     $750,000,000--
       ``(i) half of such amount shall be allocated pursuant to 
     section 20106 to eligible States under section 20103; and
       ``(ii) half of such amount shall be allocated pursuant to 
     section 20106 to eligible States under section 20104.
       ``(b) Limitations on Funds.--
       ``(1) Uses of funds.--Except as provided in section 20111, 
     funds made available pursuant to this section shall be used 
     only to carry out the purposes described in section 20102(a).
       ``(2) Nonsupplanting requirement.--Funds made available 
     pursuant to this section shall not be used to supplant State 
     funds, but shall be used to increase the amount of funds that 
     would, in the absence of Federal funds, be made available 
     from State sources.
       ``(3) Administrative costs.--Not more than 3 percent of the 
     funds made available pursuant to this section shall be used 
     for administrative costs.
       ``(4) Carryover of appropriations.--Funds appropriated 
     pursuant to this section during any fiscal year shall remain 
     available until expended.
       ``(5) Matching funds.--The Federal share of a grant 
     received under this subtitle may not exceed 90 percent of the 
     costs of a proposal as described in an application approved 
     under this subtitle.

     ``SEC. 20109. PAYMENTS FOR INCARCERATION ON TRIBAL LANDS.

       ``(a) Reservation of Funds.--Notwithstanding any other 
     provision of this subtitle, from amounts appropriated under 
     section 20108 to carry out sections 20103 and 20104, the 
     Attorney General shall reserve, to carry out this section--
       ``(1) 0.3 percent in each of fiscal years 1996 and 1997; 
     and
       ``(2) 0.2 percent in each of fiscal years 1998, 1999, and 
     2000.
       ``(b) Grants to Indian Tribes.--From the amounts reserved 
     under subsection (a), the Attorney General may make grants to 
     Indian tribes for the purposes of constructing jails on 
     tribal lands for the incarceration of offenders subject to 
     tribal jurisdiction.
       ``(c) Applications.--To be eligible to receive a grant 
     under this section, an Indian tribe shall submit to the 
     Attorney General an application in such form and containing 
     such information as the Attorney General may by regulation 
     require.

     ``SEC. 20110. PAYMENTS TO ELIGIBLE STATES FOR INCARCERATION 
                   OF CRIMINAL ALIENS.

       ``(a) In General.--The Attorney General shall make a 
     payment to each State which is eligible under section 242(j) 
     of the Immigration and Nationality Act and which meets the 
     eligibility requirements of section 20104, in such amount as 
     is determined under section 242(j) and for which payment is 
     not made to such State for such fiscal year under such 
     section.
       ``(b) Authorization of Appropriations.--Notwithstanding any 
     other provision of this subtitle, there are authorized to be 
     appropriated to carry out this section from amounts 
     authorized under section 20108, an amount which when added to 
     amounts appropriated to carry out section 242(j) of the 
     Immigration and Nationality Act for fiscal year 1996 equals 
     $500,000,000 and for each of the fiscal years 1997 through 
     2000 does not exceed $650,000,000.
       ``(c) Report to Congress.--Not later than May 15, 1999, the 
     Attorney General shall submit a report to the Congress which 
     contains the recommendation of the Attorney General 
     concerning the extension of the program under this section.

     ``SEC. 20111. SUPPORT OF FEDERAL PRISONERS IN NON-FEDERAL 
                   INSTITUTIONS.

       ``(a) In General.--The Attorney General may make payments 
     to States and units of local government for the purposes 
     authorized in section 4013 of title 18, United States Code.
       ``(b) Authorization of Appropriations.--Notwithstanding any 
     other provision of this subtitle, there are authorized to be 
     appropriated from amounts authorized under section 20108 for 
     each fiscal years 1996 through 2000 such sums as may be 
     necessary to carry out this section.

     ``SEC. 20112. REPORT BY THE ATTORNEY GENERAL.

       ``Beginning on July 1, 1996, and each July 1 thereafter, 
     the Attorney General shall report to the Congress on the 
     implementation of this subtitle, including a report on the 
     eligibility of the States under sections 20103 and 20104, and 
     the distribution and use of funds under this subtitle.''.
       (b) Preference in Payments.--Section 242(j)(4) of the 
     Immigration and Nationality Act (8 U.S.C. 1252(j)(4)) is 
     amended by adding at the end the following:
       ``(C) in carrying out paragraph (1)(A), the Attorney 
     General shall give preference in making payments to States 
     and political subdivisions of States which are ineligible for 
     payments under section 20110 of the Violent Crime Control and 
     Law Enforcement Act of 1994.''.
       (c) Conforming Amendments.--
       (1) Omnibus crime control and safe streets act of 1968.--
       (A) Part v.--Part V of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 is repealed.
       (B) Funding.--
       (i) Section 1001(a) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 is amended by striking paragraph (20).
       (ii) Notwithstanding the provisions of subparagraph (A), 
     any funds that remain available to an applicant under 
     paragraph (20) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 shall be used in accordance with 
     part V of such Act as if such Act was in effect on the day 
     preceding the date of enactment of this Act.
       (2) Violent crime control and law enforcement act of 
     1994.--
       (A) Table of contents.--The table of contents of the 
     Violent Crime Control and Law Enforcement Act of 1994 is 
     amended by striking the matter relating to title V.
       (B) Compliance.--Notwithstanding the provisions of 
     paragraph (1), any funds that remain available to an 
     applicant under title V of the Violent Crime Control and Law 
     Enforcement Act of 1994 shall be used in accordance with such 
     subtitle as if such subtitle was in effect on the day 
     preceding the date of enactment of this Act.
       (C) Truth-in-sentencing.--The table of contents of the 
     Violent Crime Control and Law Enforcement Act of 1994 is 
     amended by striking the matter relating to subtitle A of 
     title II and inserting the following:

                ``Subtitle A--Truth-in-Sentencing Grants

``Sec. 20101. Definitions.
``Sec. 20102. Authorization of Grants.
``Sec. 20103. General Grants.
``Sec. 20104. Truth-in-sentencing incentive grants.
``Sec. 20105. Special rules.
``Sec. 20106. Formula for grants.
``Sec. 20107. Accountability.
``Sec. 20108. Authorization of appropriations.
``Sec. 20109. Payments for Incarceration on Tribal Lands.
``Sec. 20110. Payments to States for Incarceration of Criminal Aliens.
``Sec. 20111. Support of Federal Prisoners in Non-Federal Institutions.
``Sec. 20112. Report by the Attorney General.''.
       This title may be cited as the ``Department of Justice 
     Appropriations Act, 1996''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative


                         salaries and expenses

       For necessary expenses of the Office of the United States 
     Trade Representative, including the hire of passenger motor 
     vehicles and the employment of experts and consultants as 
     authorized by 5 U.S.C. 3109, $20,889,000, of which $2,500,000 
     shall remain available until

[[Page H1885]]

     expended: Provided, That not to exceed $98,000 shall be 
     available for official reception and representation expenses.

                     International Trade Commission


                         salaries and expenses

       For necessary expenses of the International Trade 
     Commission, including hire of passenger motor vehicles and 
     services as authorized by 5 U.S.C. 3109, and not to exceed 
     $2,500 for official reception and representation expenses, 
     $40,000,000, to remain available until expended.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     operations and administration

       For necessary expenses for international trade activities 
     of the Department of Commerce provided for by law, and 
     engaging in trade promotional activities abroad, including 
     expenses of grants and cooperative agreements for the purpose 
     of promoting exports of United States firms, without regard 
     to 44 U.S.C. 3702 and 3703; full medical coverage for 
     dependent members of immediate families of employees 
     stationed overseas and employees temporarily posted overseas; 
     travel and transportation of employees of the United States 
     and Foreign Commercial Service between two points abroad, 
     without regard to 49 U.S.C. 1517; employment of Americans and 
     aliens by contract for services; rental of space abroad for 
     periods not exceeding ten years, and expenses of alteration, 
     repair, or improvement; purchase or construction of temporary 
     demountable exhibition structures for use abroad; payment of 
     tort claims, in the manner authorized in the first paragraph 
     of 28 U.S.C. 2672 when such claims arise in foreign 
     countries; not to exceed $327,000 for official representation 
     expenses abroad; purchase of passenger motor vehicles for 
     official use abroad, not to exceed $30,000 per vehicle; 
     obtain insurance on official motor vehicles; and rent tie 
     lines and teletype equipment; $264,885,000, to remain 
     available until expended: Provided, That the provisions of 
     the first sentence of section 105(f) and all of section 
     108(c) of the Mutual Educational and Cultural Exchange Act of 
     1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying 
     out these activities without regard to 15 U.S.C. 4912; and 
     that for the purpose of this Act, contributions under the 
     provisions of the Mutual Educational and Cultural Exchange 
     Act shall include payment for assessments for services 
     provided as part of these activities.

                         Export Administration


                     operations and administration

       For necessary expenses for export administration and 
     national security activities of the Department of Commerce, 
     including costs associated with the performance of export 
     administration field activities both domestically and abroad; 
     full medical coverage for dependent members of immediate 
     families of employees stationed overseas; employment of 
     Americans and aliens by contract for services abroad; rental 
     of space abroad for periods not exceeding ten years, and 
     expenses of alteration, repair, or improvement; payment of 
     tort claims, in the manner authorized in the first paragraph 
     of 28 U.S.C. 2672 when such claims arise in foreign 
     countries; not to exceed $15,000 for official representation 
     expenses abroad; awards of compensation to informers under 
     the Export Administration Act of 1979, and as authorized by 
     22 U.S.C. 401(b); purchase of passenger motor vehicles for 
     official use and motor vehicles for law enforcement use with 
     special requirement vehicles eligible for purchase without 
     regard to any price limitation otherwise established by law; 
     $38,604,000, to remain available until expended: Provided, 
     That the provisions of the first sentence of section 105(f) 
     and all of section 108(c) of the Mutual Educational and 
     Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) 
     shall apply in carrying out these activities: Provided 
     further, That payments and contributions collected and 
     accepted for materials or services provided as part of such 
     activities may be retained for use in covering the cost of 
     such activities, and for providing information to the public 
     with respect to the export administration and national 
     security activities of the Department of Commerce and other 
     export control programs of the United States and other 
     governments.

                  Economic Development Administration


                economic development assistance programs

       For grants for economic development assistance as provided 
     by the Public Works and Economic Development Act of 1965, as 
     amended, Public Law 91-304, and such laws that were in effect 
     immediately before September 30, 1982, and for trade 
     adjustment assistance, $328,500,000: Provided, That none of 
     the funds appropriated or otherwise made available under this 
     heading may be used directly or indirectly for attorneys' or 
     consultants' fees in connection with securing grants and 
     contracts made by the Economic Development Administration: 
     Provided further, That, notwithstanding any other provision 
     of law, the Secretary of Commerce may provide financial 
     assistance for projects to be located on military 
     installations closed or scheduled for closure or realignment 
     to grantees eligible for assistance under the Public Works 
     and Economic Development Act of 1965, as amended, without it 
     being required that the grantee have title or ability to 
     obtain a lease for the property, for the useful life of the 
     project, when in the opinion of the Secretary of Commerce, 
     such financial assistance is necessary for the economic 
     development of the area: Provided further, That the Secretary 
     of Commerce may, as the Secretary considers appropriate, 
     consult with the Secretary of Defense regarding the title to 
     land on military installations closed or scheduled for 
     closure or realignment.


                         salaries and expenses

       For necessary expenses of administering the economic 
     development assistance programs as provided for by law, 
     $20,000,000: Provided, That these funds may be used to 
     monitor projects approved pursuant to title I of the Public 
     Works Employment Act of 1976, as amended, title II of the 
     Trade Act of 1974, as amended, and the Community Emergency 
     Drought Relief Act of 1977.

                  Minority Business Development Agency


                     minority business development

       For necessary expenses of the Department of Commerce in 
     fostering, promoting, and developing minority business 
     enterprise, including expenses of grants, contracts, and 
     other agreements with public or private organizations, 
     $32,000,000.

                Economic and Information Infrastructure

                   Economic and Statistical Analysis


                         salaries and expenses

       For necessary expenses, as authorized by law, of economic 
     and statistical analysis programs of the Department of 
     Commerce, $45,900,000, to remain available until September 
     30, 1997.


         economics and statistics administration revolving fund

       The Secretary of Commerce is authorized to disseminate 
     economic and statistical data products as authorized by 15 
     U.S.C. 1525-1527 and, notwithstanding 15 U.S.C. 4912, charge 
     fees necessary to recover the full costs incurred in their 
     production. Notwithstanding 31 U.S.C. 3302, receipts received 
     from these data dissemination activities shall be credited to 
     this account, to be available for carrying out these purposes 
     without further appropriation.

                          Bureau of the Census


                         salaries and expenses

       For expenses necessary for collecting, compiling, 
     analyzing, preparing, and publishing statistics, provided for 
     by law, $133,812,000.


                     periodic censuses and programs

       For expenses necessary to collect and publish statistics 
     for periodic censuses and programs provided for by law, 
     $150,300,000, to remain available until expended.

       National Telecommunications and Information Administration


                         salaries and expenses

       For necessary expenses, as provided for by law, of the 
     National Telecommunications and Information Administration, 
     $17,000,000, to remain available until expended: Provided, 
     That notwithstanding 31 U.S.C. 1535(d), the Secretary of 
     Commerce is authorized to retain and use as offsetting 
     collections all funds transferred, or previously transferred, 
     from other Government agencies for spectrum management, 
     analysis, and operations and for all costs incurred in 
     telecommunications research, engineering, and related 
     activities by the Institute for Telecommunication Sciences of 
     the NTIA in furtherance of its assigned functions under this 
     paragraph and such funds received from other Government 
     agencies shall remain available until expended.


       public broadcasting facilities, planning and construction

       For grants authorized by section 392 of the Communications 
     Act of 1934, as amended, $15,500,000, to remain available 
     until expended as authorized by section 391 of the Act, as 
     amended: Provided, That not to exceed $2,200,000 shall be 
     available for program administration as authorized by section 
     391 of the Act: Provided further, That notwithstanding the 
     provisions of section 391 of the Act, the prior year 
     unobligated balances may be made available for grants for 
     projects for which applications have been submitted and 
     approved during any fiscal year.


                   information infrastructure grants

       For grants authorized by section 392 of the Communications 
     Act of 1934, as amended, $21,500,000, to remain available 
     until expended as authorized by section 391 of the Act, as 
     amended: Provided, That not to exceed $3,000,000 shall be 
     available for program administration and other support 
     activities as authorized by section 391 of the Act including 
     support of the Advisory Council on National Information 
     Infrastructure: Provided further, That of the funds 
     appropriated herein, not to exceed 5 percent may be available 
     for telecommunications research activities for projects 
     related directly to the development of a national information 
     infrastructure: Provided further, That notwithstanding the 
     requirements of section 392(a) and 392(c) of the Act, these 
     funds may be used for the planning and construction of 
     telecommunications networks for the provision of educational, 
     cultural, health care, public information, public safety or 
     other social services.

                      Patent and Trademark Office


                         salaries and expenses

       For necessary expenses of the Patent and Trademark Office 
     provided for by law, including defense of suits instituted 
     against the Commissioner of Patents and Trademarks; 
     $82,324,000, to remain available until expended: Provided, 
     That the funds made

[[Page H1886]]

     available under this heading are to be derived from deposits 
     in the Patent and Trademark Office Fee Surcharge Fund as 
     authorized by law: Provided further, That the amounts made 
     available under the Fund shall not exceed amounts deposited; 
     and such fees as shall be collected pursuant to 15 U.S.C. 
     1113 and 35 U.S.C. 41 and 376, shall remain available until 
     expended.

                         Science and Technology

             National Institute of Standards and Technology


             scientific and technical research and services

       For necessary expenses of the National Institute of 
     Standards and Technology, $259,000,000, to remain available 
     until expended, of which not to exceed $8,500,000 may be 
     transferred to the ``Working Capital Fund''.


                     industrial technology services

       For necessary expenses of the Manufacturing Extension 
     Partnership of the National Institute of Standards and 
     Technology, $80,000,000, to remain available until expended, 
     of which not to exceed $500,000 may be transferred to the 
     ``Working Capital Fund'': Provided, That none of the funds 
     made available under this heading in this or any other Act 
     may be used for the purposes of carrying out additional 
     program competitions under the Advanced Technology Program: 
     Provided further, That any unobligated balances available 
     from carryover of prior year appropriations under the 
     Advanced Technology Program may be used only for the purposes 
     of providing continuation grants.


                  construction of research facilities

       For construction of new research facilities, including 
     architectural and engineering design, and for renovation of 
     existing facilities, not otherwise provided for the National 
     Institute of Standards and Technology, as authorized by 15 
     U.S.C. 278c-278e, $60,000,000, to remain available until 
     expended.

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities

                     (including transfer of funds)

       For necessary expenses of activities authorized by law for 
     the National Oceanic and Atmospheric Administration, 
     including acquisition, maintenance, operation, and hire of 
     aircraft; not to exceed 358 commissioned officers on the 
     active list; grants, contracts, or other payments to 
     nonprofit organizations for the purposes of conducting 
     activities pursuant to cooperative agreements; and 
     alteration, modernization, and relocation of facilities as 
     authorized by 33 U.S.C. 883i; $1,795,677,000, to remain 
     available until expended: Provided, That notwithstanding 31 
     U.S.C. 3302 but consistent with other existing law, fees 
     shall be assessed, collected, and credited to this 
     appropriation as offsetting collections to be available until 
     expended, to recover the costs of administering aeronautical 
     charting programs: Provided further, That the sum herein 
     appropriated from the general fund shall be reduced as such 
     additional fees are received during fiscal year 1996, so as 
     to result in a final general fund appropriation estimated at 
     not more than $1,792,677,000: Provided further, That any such 
     additional fees received in excess of $3,000,000 in fiscal 
     year 1996 shall not be available for obligation until October 
     1, 1996: Provided further, That fees and donations received 
     by the National Ocean Service for the management of the 
     national marine sanctuaries may be retained and used for the 
     salaries and expenses associated with those activities, 
     notwithstanding 31 U.S.C. 3302: Provided further, That in 
     addition, $63,000,000 shall be derived by transfer from the 
     fund entitled ``Promote and Develop Fishery Products and 
     Research Pertaining to American Fisheries'': Provided 
     further, That grants to States pursuant to sections 306 and 
     306(a) of the Coastal Zone Management Act, as amended, shall 
     not exceed $2,000,000.


                      coastal zone management fund

       Of amounts collected pursuant to 16 U.S.C. 1456a, not to 
     exceed $7,800,000, for purposes set forth in 16 U.S.C. 
     1456a(b)(2)(A), 16 U.S.C. 1456a(b)(2)(B)(v), and 16 U.S.C. 
     1461(e).


                              construction

       For repair and modification of, and additions to, existing 
     facilities and construction of new facilities, and for 
     facility planning and design and land acquisition not 
     otherwise provided for the National Oceanic and Atmospheric 
     Administration, $50,000,000, to remain available until 
     expended.


            fleet modernization, shipbuilding and conversion

       For expenses necessary for the repair, acquisition, 
     leasing, or conversion of vessels, including related 
     equipment to maintain and modernize the existing fleet and to 
     continue planning the modernization of the fleet, for the 
     National Oceanic and Atmospheric Administration, $8,000,000, 
     to remain available until expended.


            fishing vessel and gear damage compensation fund

       For carrying out the provisions of section 3 of Public Law 
     95-376, not to exceed $1,032,000, to be derived from receipts 
     collected pursuant to 22 U.S.C. 1980 (b) and (f), to remain 
     available until expended.


                      fishermen's contingency fund

       For carrying out the provisions of title IV of Public Law 
     95-372, not to exceed $999,000, to be derived from receipts 
     collected pursuant to that Act, to remain available until 
     expended.


                     foreign fishing observer fund

       For expenses necessary to carry out the provisions of the 
     Atlantic Tunas Convention Act of 1975, as amended (Public Law 
     96-339), the Magnuson Fishery Conservation and Management Act 
     of 1976, as amended (Public Law 100-627) and the American 
     Fisheries Promotion Act (Public Law 96-561), there are 
     appropriated from the fees imposed under the foreign fishery 
     observer program authorized by these Acts, not to exceed 
     $196,000, to remain available until expended.


                 fishing vessel obligations guarantees

       For the cost, as defined in section 502 of the Federal 
     Credit Reform Act of 1990, of guaranteed loans authorized by 
     the Merchant Marine Act of 1936, as amended, $250,000: 
     Provided, That none of the funds made available under this 
     heading may be used to guarantee loans for any new fishing 
     vessel that will increase the harvesting capacity in any 
     United States fishery.

                       Technology Administration

       Under Secretary for Technology/Office of Technology Policy


                         salaries and expenses

       For necessary expenses for the Under Secretary for 
     Technology/Office of Technology Policy, $5,000,000.

                         General Administration


                         salaries and expenses

       For expenses necessary for the general administration of 
     the Department of Commerce provided for by law, including not 
     to exceed $3,000 for official entertainment, $29,100,000.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended (5 U.S.C. App. 1-11 as amended by Public 
     Law 100-504), $19,849,000.

             National Institute of Standards and Technology


                  construction of research facilities

                              (rescission)

       Of the unobligated balances available under this heading, 
     $75,000,000 are rescinded.

               General Provisions--Department of Commerce

       Sec. 201. During the current fiscal year, applicable 
     appropriations and funds made available to the Department of 
     Commerce by this Act shall be available for the activities 
     specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
     the extent and in the manner prescribed by the Act, and, 
     notwithstanding 31 U.S.C. 3324, may be used for advanced 
     payments not otherwise authorized only upon the certification 
     of officials designated by the Secretary that such payments 
     are in the public interest.
       Sec. 202. During the current fiscal year, appropriations 
     made available to the Department of Commerce by this Act for 
     salaries and expenses shall be available for hire of 
     passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
     1344; services as authorized by 5 U.S.C. 3109; and uniforms 
     or allowances therefor, as authorized by law (5 U.S.C. 5901-
     5902).
       Sec. 203. None of the funds made available by this Act may 
     be used to support the hurricane reconnaissance aircraft and 
     activities that are under the control of the United States 
     Air Force or the United States Air Force Reserve.
       Sec. 204. None of the funds provided in this or any 
     previous Act, or hereinafter made available to the Department 
     of Commerce shall be available to reimburse the Unemployment 
     Trust Fund or any other fund or account of the Treasury to 
     pay for any expenses paid before October 1, 1992, as 
     authorized by section 8501 of title 5, United States Code, 
     for services performed after April 20, 1990, by individuals 
     appointed to temporary positions within the Bureau of the 
     Census for purposes relating to the 1990 decennial census of 
     population.
       Sec. 205. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Commerce in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers: Provided, That 
     any transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       Sec. 206. (a) Should legislation be enacted to dismantle or 
     reorganize the Department of Commerce, the Secretary of 
     Commerce, no later than 90 days thereafter, shall submit to 
     the Committees on Appropriations of the House and the Senate 
     a plan for transferring funds provided in this Act to the 
     appropriate successor organizations: Provided, That the plan 
     shall include a proposal for transferring or rescinding funds 
     appropriated herein for agencies or programs terminated under 
     such legislation: Provided further, That such plan shall be 
     transmitted in accordance with section 605 of this Act.
       (b) The Secretary of Commerce or the appropriate head of 
     any successor organization(s) may use any available funds to 
     carry out legislation dismantling or reorganizing the 
     Department of Commerce to cover the costs of actions relating 
     to the abolishment, reorganization or transfer of functions 
     and any related personnel action,

[[Page H1887]]

     including voluntary separation incentives if authorized by 
     such legislation: Provided, That the authority to transfer 
     funds between appropriations accounts that may be necessary 
     to carry out this section is provided in addition to 
     authorities included under section 205 of this Act: Provided 
     further, That use of funds to carry out this section shall be 
     treated as a reprogramming of funds under section 605 of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.
       Sec. 207. Notwithstanding any other provision of law 
     (including any regulation and including the Public Works and 
     Economic Development Act of 1965), the transfer of title to 
     the Rutland City Industrial Complex to Hilinex, Vermont (as 
     related to Economic Development Administration Project Number 
     01-11-01742) shall not require compensation to the Federal 
     Government for the fair share of the Federal Government of 
     that real property.
       Sec. 208. (a) In General.--The Secretary of Commerce, 
     acting through the Assistant Secretary for Economic 
     Development of the Department of Commerce, shall--
       (1) not later than January 1, 1996, commence the demolition 
     of the structures on, and the cleanup and environmental 
     remediation on, the parcel of land described in subsection 
     (b);
       (2) not later than March 31, 1996, complete the demolition, 
     cleanup, and environmental remediation under paragraph (1); 
     and
       (3) not later than April 1, 1996, convey the parcel of land 
     described in subsection (b), in accordance with the 
     requirements of section 120(h) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9620(h)), to the Tuscaloosa County Industrial 
     Development Authority, on receipt of payment of the fair 
     market value for the parcel by the Authority, as agreed on by 
     the Secretary and the Authority.
       (b) Land Parcel.--The parcel of land referred to in 
     subsection (a) is the parcel of land consisting of 
     approximately 41 acres in Holt, Alabama (in Tuscaloosa 
     County), that is generally known as the ``Central Foundry 
     Property'', as depicted on a map, and as described in a legal 
     description, that the Secretary, acting through the Assistant 
     Secretary for Economic Development, determines to be 
     satisfactory.
       Sec. 209. Any costs incurred by a Department or agency 
     funded under this title resulting from personnel actions 
     taken in response to funding reductions included in this 
     title shall be absorbed within the total budgetary resources 
     available to such Department or agency: Provided, That the 
     authority to transfer funds between appropriations accounts 
     as may be necessary to carry out this provision is provided 
     in addition to authorities included elsewhere in this Act: 
     Provided further, That use of funds to carry out this section 
     shall be treated as a reprogramming of funds under section 
     605 of this Act and shall not be available for obligation or 
     expenditure except in compliance with the procedures set 
     forth in that section.
       Sec. 210. None of the funds appropriated under this Act may 
     be used to develop new fishery management plans or amendments 
     which create new individual transferable quota programs, or 
     to implement any such plans or amendments approved by a 
     Regional Fishery Management Council or the Secretary of 
     Commerce after January 4, 1995, until offsetting fees to pay 
     for the cost of administering such plans or amendments are 
     expressly authorized under the Magnuson Fishery Conservation 
     and Management Act (16 U.S.C. 1801 et seq.).
       This title may be cited as the ``Department of Commerce and 
     Related Agencies Appropriations Act, 1996''.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States


                         salaries and expenses

       For expenses necessary for the operation of the Supreme 
     Court, as required by law, excluding care of the building and 
     grounds, including purchase or hire, driving, maintenance and 
     operation of an automobile for the Chief Justice, not to 
     exceed $10,000 for the purpose of transporting Associate 
     Justices, and hire of passenger motor vehicles as authorized 
     by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
     official reception and representation expenses; and for 
     miscellaneous expenses, to be expended as the Chief Justice 
     may approve, $25,834,000.


                    care of the building and grounds

       For such expenditures as may be necessary to enable the 
     Architect of the Capitol to carry out the duties imposed upon 
     him by the Act approved May 7, 1934 (40 U.S.C. 13a-13b), 
     $3,313,000, of which $500,000 shall remain available until 
     expended.

         United States Court of Appeals for the Federal Circuit


                         salaries and expenses

       For salaries of the chief judge, judges, and other officers 
     and employees, and for necessary expenses of the court, as 
     authorized by law, $14,288,000.

               United States Court of International Trade


                         salaries and expenses

       For salaries of the chief judge and eight judges, salaries 
     of the officers and employees of the court, services as 
     authorized by 5 U.S.C. 3109, and necessary expenses of the 
     court, as authorized by law, $10,859,000.

    Courts of Appeals, District Courts, and Other Judicial Services


                         salaries and expenses

       For the salaries of circuit and district judges (including 
     judges of the territorial courts of the United States), 
     justices and judges retired from office or from regular 
     active service, judges of the United States Court of Federal 
     Claims, bankruptcy judges, magistrate judges, and all other 
     officers and employees of the Federal Judiciary not otherwise 
     specifically provided for, and necessary expenses of the 
     courts, as authorized by law, $2,433,141,000 (including the 
     purchase of firearms and ammunition); of which not to exceed 
     $13,454,000 shall remain available until expended for space 
     alteration projects; of which not to exceed $10,000,000 shall 
     remain available until expended for furniture and furnishings 
     related to new space alteration and construction projects; 
     and of which $500,000 is to remain available until expended 
     for acquisition of books, periodicals, and newspapers, and 
     all other legal reference materials, including subscriptions.
       In addition, for expenses of the United States Court of 
     Federal Claims associated with processing cases under the 
     National Childhood Vaccine Injury Act of 1986, not to exceed 
     $2,318,000, to be appropriated from the Vaccine Injury 
     Compensation Trust Fund.


                    violent crime reduction programs

       For activities of the Federal Judiciary as authorized by 
     law, $30,000,000, to remain available until expended, which 
     shall be derived from the Violent Crime Reduction Trust Fund, 
     as authorized by section 190001(a) of Public Law 103-322.


                           defender services

       For the operation of Federal Public Defender and Community 
     Defender organizations, the compensation and reimbursement of 
     expenses of attorneys appointed to represent persons under 
     the Criminal Justice Act of 1964, as amended, the 
     compensation and reimbursement of expenses of persons 
     furnishing investigative, expert and other services under the 
     Criminal Justice Act (18 U.S.C. 3006A(e)), the compensation 
     (in accordance with Criminal Justice Act maximums) and 
     reimbursement of expenses of attorneys appointed to assist 
     the court in criminal cases where the defendant has waived 
     representation by counsel, the compensation and reimbursement 
     of travel expenses of guardians ad litem acting on behalf of 
     financially eligible minor or incompetent offenders in 
     connection with transfers from the United States to foreign 
     countries with which the United States has a treaty for the 
     execution of penal sentences, and the compensation of 
     attorneys appointed to represent jurors in civil actions for 
     the protection of their employment, as authorized by 28 
     U.S.C. 1875(d), $267,217,000, to remain available until 
     expended as authorized by 18 U.S.C. 3006A(i): Provided, That 
     none of the funds provided in this Act shall be available for 
     Death Penalty Resource Centers or Post-Conviction Defender 
     Organizations after April 1, 1996.


                    fees of jurors and commissioners

       For fees and expenses of jurors as authorized by 28 U.S.C. 
     1871 and 1876; compensation of jury commissioners as 
     authorized by 28 U.S.C. 1863; and compensation of 
     commissioners appointed in condemnation cases pursuant to 
     rule 71A(h) of the Federal Rules of Civil Procedure (28 
     U.S.C. Appendix Rule 71A(h)); $59,028,000, to remain 
     available until expended: Provided, That the compensation of 
     land commissioners shall not exceed the daily equivalent of 
     the highest rate payable under section 5332 of title 5, 
     United States Code.


                             court security

       For necessary expenses, not otherwise provided for, 
     incident to the procurement, installation, and maintenance of 
     security equipment and protective services for the United 
     States Courts in courtrooms and adjacent areas, including 
     building ingress-egress control, inspection of packages, 
     directed security patrols, and other similar activities as 
     authorized by section 1010 of the Judicial Improvement and 
     Access to Justice Act (Public Law 100-702); $102,000,000, to 
     be expended directly or transferred to the United States 
     Marshals Service which shall be responsible for administering 
     elements of the Judicial Security Program consistent with 
     standards or guidelines agreed to by the Director of the 
     Administrative Office of the United States Courts and the 
     Attorney General.

           Administrative Office of the United States Courts


                         salaries and expenses

       For necessary expenses of the Administrative Office of the 
     United States Courts as authorized by law, including travel 
     as authorized by 31 U.S.C. 1345, hire of a passenger motor 
     vehicle as authorized by 31 U.S.C. 1343(b), advertising and 
     rent in the District of Columbia and elsewhere, $47,500,000, 
     of which not to exceed $7,500 is authorized for official 
     reception and representation expenses.

                        Federal Judicial Center


                         salaries and expenses

       For necessary expenses of the Federal Judicial Center, as 
     authorized by Public Law 90-219, $17,914,000; of which 
     $1,800,000 shall remain available through September 30, 1997, 
     to provide education and training to Federal court personnel; 
     and of which not to exceed $1,000 is authorized for official 
     reception and representation expenses.

[[Page H1888]]

                       Judicial Retirement Funds


                    payment to judiciary trust funds

       For payment to the Judicial Officers' Retirement Fund, as 
     authorized by 28 U.S.C. 377(o), $24,000,000, to the Judicial 
     Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c), 
     $7,000,000, and to the United States Court of Federal Claims 
     Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l), 
     $1,900,000.

                  United States Sentencing Commission


                         salaries and expenses

       For the salaries and expenses necessary to carry out the 
     provisions of chapter 58 of title 28, United States Code, 
     $8,500,000, of which not to exceed $1,000 is authorized for 
     official reception and representation expenses.

                   General Provisions--The Judiciary

       Sec. 301. Appropriations and authorizations made in this 
     title which are available for salaries and expenses shall be 
     available for services as authorized by 5 U.S.C. 3109.
       Sec. 302. Appropriations made in this title shall be 
     available for salaries and expenses of the Special Court 
     established under the Regional Rail Reorganization Act of 
     1973, Public Law 93-236.
       Sec. 303. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Judiciary in 
     this Act may be transferred between such appropriations, but 
     no such appropriation, except ``Courts of Appeals, District 
     Courts, and other Judicial Services, Defender Services'', 
     shall be increased by more than 10 percent by any such 
     transfers: Provided, That any transfer pursuant to this 
     section shall be treated as a reprogramming of funds under 
     section 605 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.
       Sec. 304. Notwithstanding any other provision of law, the 
     salaries and expenses appropriation for district courts, 
     courts of appeals, and other judicial services shall be 
     available for official reception and representation expenses 
     of the Judicial Conference of the United States: Provided, 
     That such available funds shall not exceed $10,000 and shall 
     be administered by the Director of the Administrative Office 
     of the United States Courts in his capacity as Secretary of 
     the Judicial Conference.
       Sec. 305. Section 333 of title 28, United States Code, is 
     amended--
       (1) in the first paragraph by striking ``shall'' the first, 
     second, and fourth place it appears and inserting ``may''; 
     and
       (2) in the second paragraph--
       (A) by striking ``shall'' the first place it appears and 
     inserting ``may''; and
       (B) by striking ``, and unless excused by the chief judge, 
     shall remain throughout the conference''.
       This title may be cited as ``The Judiciary Appropriations 
     Act, 1996''.

           TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    diplomatic and consular programs

       For necessary expenses of the Department of State and the 
     Foreign Service not otherwise provided for, including 
     expenses authorized by the State Department Basic Authorities 
     Act of 1956, as amended; representation to certain 
     international organizations in which the United States 
     participates pursuant to treaties, ratified pursuant to the 
     advice and consent of the Senate, or specific Acts of 
     Congress; acquisition by exchange or purchase of passenger 
     motor vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C. 
     481(c) and 22 U.S.C. 2674; and for expenses of general 
     administration, $1,708,800,000: Provided, That 
     notwithstanding section 140(a)(5), and the second sentence of 
     section 140(a)(3) of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (Public Law 103-236), not to 
     exceed $125,000,000 of fees may be collected during fiscal 
     year 1996 under the authority of section 140(a)(1) of that 
     Act: Provided further, That all fees collected under the 
     preceding proviso shall be deposited in fiscal year 1996 as 
     an offsetting collection to appropriations made under this 
     heading to recover the costs of providing consular services 
     and shall remain available until expended: Provided further, 
     That starting in fiscal year 1997, a system shall be in place 
     that allocates to each department and agency the full cost of 
     its presence outside of the United States.
       Of the funds provided under this heading, $24,856,000 shall 
     be available only for the Diplomatic Telecommunications 
     Service for operation of existing base services and not to 
     exceed $17,144,000 shall be available only for the 
     enhancement of the Diplomatic Telecommunications Service and 
     shall remain available until expended. Of the latter amount, 
     $9,600,000 shall not be made available until expiration of 
     the 15 day period beginning on the date when the Secretary of 
     State and the Director of the Diplomatic Telecommunications 
     Service submit the pilot program report required by section 
     507 of Public Law 103-317.
       In addition, not to exceed $700,000 in registration fees 
     collected pursuant to section 38 of the Arms Export Control 
     Act, as amended, may be used in accordance with section 45 of 
     the State Department Basic Authorities Act of 1956, 22 U.S.C. 
     2717; and in addition not to exceed $1,223,000 shall be 
     derived from fees from other executive agencies for lease or 
     use of facilities located at the International Center in 
     accordance with section 4 of the International Center Act 
     (Public Law 90-553, as amended by section 120 of Public Law 
     101-246); and in addition not to exceed $15,000 which shall 
     be derived from reimbursements, surcharges, and fees for use 
     of Blair House facilities in accordance with section 46 of 
     the State of Department Basic Authorities Act of 1956 (22 
     U.S.C. 2718(a)).
       Notwithstanding section 402 of this Act, not to exceed 20 
     percent of the amounts made available in this Act in the 
     appropriation accounts, ``Diplomatic and Consular Programs'' 
     and ``Salaries and Expenses'' under the heading 
     ``Administration of Foreign Affairs'' may be transferred 
     between such appropriation accounts: Provided, That any 
     transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       For an additional amount for security enhancements to 
     counter the threat of terrorism, $9,720,000, to remain 
     available until expended.


                         salaries and expenses

       For expenses necessary for the general administration of 
     the Department of State and the Foreign Service, provided for 
     by law, including expenses authorized by section 9 of the Act 
     of August 31, 1964, as amended (31 U.S.C. 3721), and the 
     State Department Basic Authorities Act of 1956, as amended, 
     $363,276,000.
       For an additional amount for security enhancements to 
     counter the threat of terrorism, $1,870,000, to remain 
     available until expended.


                        capital investment fund

       For necessary expenses of the Capital Investment Fund, 
     $16,400,000, to remain available until expended, as 
     authorized in Public Law 103-236: Provided, That section 
     135(e) of Public Law 103-236 shall not apply to funds 
     appropriated under this heading.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended (5 U.S.C. App.), $27,369,000, 
     notwithstanding section 209(a)(1) of the Foreign Service Act 
     of 1980 (Public Law 96-465), as it relates to post 
     inspections: Provided, That notwithstanding any other 
     provision of law, (1) the Office of the Inspector General of 
     the United States Information Agency is hereby merged with 
     the Office of the Inspector General of the Department of 
     State; (2) the functions exercised and assigned to the Office 
     of the Inspector General of the United States Information 
     Agency before the effective date of this Act (including all 
     related functions) are transferred to the Office of the 
     Inspector General of the Department of State; and (3) the 
     Inspector General of the Department of State shall also serve 
     as the Inspector General of the United States Information 
     Agency.


                       representation allowances

       For representation allowances as authorized by section 905 
     of the Foreign Service Act of 1980, as amended (22 U.S.C. 
     4085), $4,500,000.


              protection of foreign missions and officials

       For expenses, not otherwise provided, to enable the 
     Secretary of State to provide for extraordinary protective 
     services in accordance with the provisions of section 214 of 
     the State Department Basic Authorities Act of 1956 (22 U.S.C. 
     4314) and 3 U.S.C. 208, $8,579,000.


           security and maintenance of united states missions

       For necessary expenses for carrying out the Foreign Service 
     Buildings Act of 1926, as amended (22 U.S.C. 292-300), and 
     the Diplomatic Security Construction Program as authorized by 
     title IV of the Omnibus Diplomatic Security and Antiterrorism 
     Act of 1986 (22 U.S.C. 4851), $385,760,000, to remain 
     available until expended as authorized by 22 U.S.C. 2696(c): 
     Provided, That none of the funds appropriated in this 
     paragraph shall be available for acquisition of furniture and 
     furnishings and generators for other departments and 
     agencies.


           emergencies in the diplomatic and consular service

       For expenses necessary to enable the Secretary of State to 
     meet unforeseen emergencies arising in the Diplomatic and 
     Consular Service pursuant to the requirement of 31 U.S.C. 
     3526(e), $6,000,000, to remain available until expended as 
     authorized by 22 U.S.C. 2696(c), of which not to exceed 
     $1,000,000 may be transferred to and merged with the 
     Repatriation Loans Program Account, subject to the same terms 
     and conditions.


                   repatriation loans program account

       For the cost of direct loans, $593,000, as authorized by 22 
     U.S.C. 2671: Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974. In addition, for 
     administrative expenses necessary to carry out the direct 
     loan program, $183,000 which may be transferred to and merged 
     with the Salaries and Expenses account under Administration 
     of Foreign Affairs.


              payment to the american institute in taiwan

       For necessary expenses to carry out the Taiwan Relations 
     Act, Public Law 96-8 (93 Stat. 14), $15,165,000.

[[Page H1889]]

     payment to the foreign service retirement and disability fund

       For payment to the Foreign Service Retirement and 
     Disability Fund, as authorized by law, $125,402,000.

              International Organizations and Conferences


              contributions to international organizations

       For expenses, not otherwise provided for, necessary to meet 
     annual obligations of membership in international 
     multilateral organizations, pursuant to treaties ratified 
     pursuant to the advice and consent of the Senate, conventions 
     or specific Acts of Congress, $700,000,000: Provided, That 
     any payment of arrearages shall be directed toward special 
     activities that are mutually agreed upon by the United States 
     and the respective international organization: Provided 
     further, That 20 percent of the funds appropriated in this 
     paragraph for the assessed contribution of the United States 
     to the United Nations shall be withheld from obligation and 
     expenditure until a certification is made under section 
     401(b) of Public Law 103-236 for fiscal year 1996: Provided 
     further, That certification under section 401(b) of Public 
     Law 103-236 for fiscal year 1996 may only be made if the 
     Committees on Appropriations and Foreign Relations of the 
     Senate and the Committees on Appropriations and International 
     Relations of the House of Representatives are notified of the 
     steps taken, and anticipated, to meet the requirements of 
     section 401(b) of Public Law 103-236 at least 15 days in 
     advance of the proposed certification: Provided further, That 
     none of the funds appropriated in this paragraph shall be 
     available for a United States contribution to an 
     international organization for the United States share of 
     interest costs made known to the United States Government by 
     such organization for loans incurred on or after October 1, 
     1984, through external borrowings.


        contributions for international peacekeeping activities

       For necessary expenses to pay assessed and other expenses 
     of international peacekeeping activities directed to the 
     maintenance or restoration of international peace and 
     security, $225,000,000: Provided, That none of the funds made 
     available under this Act shall be obligated or expended for 
     any new or expanded United Nations peacekeeping mission 
     unless, at least fifteen days in advance of voting for the 
     new or expanded mission in the United Nations Security 
     Council (or in an emergency, as far in advance as is 
     practicable), (1) the Committees on Appropriations of the 
     House of Representatives and the Senate and other appropriate 
     Committees of the Congress are notified of the estimated cost 
     and length of the mission, the vital national interest that 
     will be served, and the planned exit strategy; and (2) a 
     reprogramming of funds pursuant to section 605 of this Act is 
     submitted, and the procedures therein followed, setting forth 
     the source of funds that will be used to pay for the cost of 
     the new or expanded mission: Provided further, That funds 
     shall be available for peacekeeping expenses only upon a 
     certification by the Secretary of State to the appropriate 
     committees of the Congress that American manufacturers and 
     suppliers are being given opportunities to provide equipment, 
     services and material for United Nations peacekeeping 
     activities equal to those being given to foreign 
     manufacturers and suppliers.


              international conferences and contingencies

       For necessary expenses authorized by section 5 of the State 
     Department Basic Authorities Act of 1956, in addition to 
     funds otherwise available for these purposes, contributions 
     for the United States share of general expenses of 
     international organizations and conferences and 
     representation to such organizations and conferences as 
     provided for by 22 U.S.C. 2656 and 2672 and personal services 
     without regard to civil service and classification laws as 
     authorized by 5 U.S.C. 5102, $3,000,000, to remain available 
     until expended as authorized by 22 U.S.C. 2696(c), of which 
     not to exceed $200,000 may be expended for representation as 
     authorized by 22 U.S.C. 4085.

                       International Commissions

       For necessary expenses, not otherwise provided for, to meet 
     obligations of the United States arising under treaties, or 
     specific Acts of Congress, as follows:


 international boundary and water commission, united states and mexico

       For necessary expenses for the United States Section of the 
     International Boundary and Water Commission, United States 
     and Mexico, and to comply with laws applicable to the United 
     States Section, including not to exceed $6,000 for 
     representation; as follows:


                         salaries and expenses

       For salaries and expenses, not otherwise provided for, 
     $12,058,000.


                              construction

       For detailed plan preparation and construction of 
     authorized projects, $6,644,000, to remain available until 
     expended as authorized by 22 U.S.C. 2696(c).


              american sections, international commissions

       For necessary expenses, not otherwise provided for the 
     International Joint Commission and the International Boundary 
     Commission, United States and Canada, as authorized by 
     treaties between the United States and Canada or Great 
     Britain, and for the Border Environment Cooperation 
     Commission as authorized by Public Law 103-182; $5,800,000, 
     of which not to exceed $9,000 shall be available for 
     representation expenses incurred by the International Joint 
     Commission.


                  international fisheries commissions

       For necessary expenses for international fisheries 
     commissions, not otherwise provided for, as authorized by 
     law, $14,669,000: Provided, That the United States share of 
     such expenses may be advanced to the respective commissions, 
     pursuant to 31 U.S.C. 3324.

                                 Other


                     payment to the asia foundation

       For a grant to the Asia Foundation, as authorized by 
     section 501 of Public Law 101-246, $5,000,000, to remain 
     available until expended as authorized by 22 U.S.C. 2696(c).

                            RELATED AGENCIES

                  Arms Control and Disarmament Agency


                arms control and disarmament activities

       For necessary expenses not otherwise provided, for arms 
     control, nonproliferation, and disarmament activities, 
     $32,700,000, of which not to exceed $50,000 shall be for 
     official reception and representation expenses as authorized 
     by the Act of September 26, 1961, as amended (22 U.S.C. 2551 
     et seq.).

                    United States Information Agency


                         salaries and expenses

       For expenses, not otherwise provided for, necessary to 
     enable the United States Information Agency, as authorized by 
     the Mutual Educational and Cultural Exchange Act of 1961, as 
     amended (22 U.S.C. 2451 et seq.), the United States 
     Information and Educational Exchange Act of 1948, as amended 
     (22 U.S.C. 1431 et seq.) and Reorganization Plan No. 2 of 
     1977 (91 Stat. 1636), to carry out international 
     communication, educational and cultural activities; and to 
     carry out related activities authorized by law, including 
     employment, without regard to civil service and 
     classification laws, of persons on a temporary basis (not to 
     exceed $700,000 of this appropriation), as authorized by 22 
     U.S.C. 1471, and entertainment, including official 
     receptions, within the United States, not to exceed $25,000 
     as authorized by 22 U.S.C. 1474(3); $445,645,000: Provided, 
     That not to exceed $1,400,000 may be used for representation 
     abroad as authorized by 22 U.S.C. 1452 and 4085: Provided 
     further, That not to exceed $7,615,000 to remain available 
     until expended, may be credited to this appropriation from 
     fees or other payments received from or in connection with 
     English teaching, library, motion pictures, and publication 
     programs as authorized by section 810 of the United States 
     Information and Educational Exchange Act of 1948, as amended: 
     Provided further, That not to exceed $1,700,000 to remain 
     available until expended may be used to carry out projects 
     involving security construction and related improvements for 
     agency facilities not physically located together with 
     Department of State facilities abroad.


                            technology fund

       For expenses necessary to enable the United States 
     Information Agency to provide for the procurement of 
     information technology improvements, as authorized by the 
     United States Information and Educational Exchange Act of 
     1948, as amended (22 U.S.C. 1431 et seq.), the Mutual 
     Educational and Cultural Exchange Act of 1961, as amended (22 
     U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 
     (91 Stat. 1636), $5,050,000, to remain available until 
     expended.


               educational and cultural exchange programs

       For expenses of educational and cultural exchange programs, 
     as authorized by the Mutual Educational and Cultural Exchange 
     Act of 1961, as amended (22 U.S.C. 2451 et seq.), and 
     Reorganization Plan No. 2 of 1977 (91 Stat. 1636), 
     $200,000,000, to remain available until expended as 
     authorized by 22 U.S.C. 2455.


           eisenhower exchange fellowship program trust fund

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


                    israeli arab scholarship program

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


              american studies collections endowment fund

       For necessary expenses of American Studies Collections as 
     authorized by section 235

[[Page H1890]]

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


                 international broadcasting operations

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


                          broadcasting to cuba

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


                           radio construction

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


                            east-west center

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


                           north/south center

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


                    National Endowment for Democracy

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

      General Provisions--Department of State and Related Agencies

       Sec. 401. Funds appropriated under this title shall be 
     available, except as otherwise provided, for allowances and 
     differentials as authorized by subchapter 59 of 5 U.S.C.; for 
     services as authorized by 5 U.S.C. 3109; and hire of 
     passenger transportation pursuant to 31 U.S.C. 1343(b).
       Sec. 402. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     State in this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers: Provided, That not to 
     exceed 5 percent of any appropriation made available for the 
     current fiscal year for the United States Information Agency 
     in this Act may be transferred between such appropriations, 
     but no such appropriation, except as otherwise specifically 
     provided, shall be increased by more than 10 percent by any 
     such transfers: Provided further, That any transfer pursuant 
     to this section shall be treated as a reprogramming of funds 
     under section 605 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.
       Sec. 403. Funds appropriated or otherwise made available 
     under this Act or any other Act may be expended for 
     compensation of the United States Commissioner of the 
     International Boundary Commission, United States and Canada, 
     only for actual hours worked by such Commissioner.
       Sec. 404. (a) No later than 90 days after enactment of 
     legislation consolidating, reorganizing or downsizing the 
     functions of the Department of State, the United States 
     Information Agency, and the Arms Control and Disarmament 
     Agency, the Secretary of State, the Director of the United 
     States Information Agency and the Director of the Arms 
     Control and Disarmament Agency shall submit to the Committees 
     on Appropriations of the House and the Senate a proposal for 
     transferring or rescinding funds appropriated herein for 
     functions that are consolidated, reorganized or downsized 
     under such legislation: Provided, That such plan shall be 
     transmitted in accordance with section 605 of this Act.
       (b) The Secretary of State, the Director of the United 
     States Information Agency, and the Director of the Arms 
     Control and Disarmament Agency, as appropriate, may use any 
     available funds to cover the costs of actions to consolidate, 
     reorganize or downsize the functions under their authority 
     required by such legislation, and of any related personnel 
     action, including voluntary separation incentives if 
     authorized by such legislation: Provided, That the authority 
     to transfer funds between appropriations accounts that may be 
     necessary to carry out this section is provided in addition 
     to authorities included under section 402 of this Act: 
     Provided further, That use of funds to carry out this section 
     shall be treated as a reprogramming of funds under section 
     605 of this Act and shall not be available for obligation or 
     expenditure except in compliance with the procedures set 
     forth in that section.
       Sec. 405. (a) Funds appropriated by this Act for the United 
     States Information Agency, the Arms Control and Disarmament 
     Agency, and the Department of State may be obligated and 
     expended notwithstanding section 701 of the United States 
     Information and Educational Exchange Act of 1948 and section 
     313 of the Foreign Relations Authorization Act, Fiscal Years 
     1994 and 1995, section 53 of the Arms Control and Disarmament 
     Act, and section 15 of the State Department Basic Authorities 
     Act of 1956.
       (b) Subsection (a) shall cease to be in effect after April 
     1, 1996.
       Sec. 406. Section 36(a)(1) of the State Department 
     Authorities Act of 1956, as amended (22 U.S.C. 2708), is 
     amended to delete ``may pay a reward'' and insert in lieu 
     thereof ``shall establish and publicize a program under which 
     rewards may be paid''.
       Sec. 407. Sections 6(a) and 6(b) of Public Law 101-454 are 
     repealed. In addition, notwithstanding any other provision of 
     law, Eisenhower Exchange Fellowships, Incorporated, may use 
     one-third of any earned but unused trust income from the 
     period 1992 through 1995 for Fellowship purposes in each of 
     fiscal years 1996 through 1998.
       Sec. 408. It is the sense of the Senate that none of the 
     funds appropriated or otherwise made available pursuant to 
     this Act should be used for the deployment of combat-equipped 
     forces of the Armed Forces of the United States for any 
     ground operations in Bosnia and Herzegovina unless--
       (1) Congress approves in advance the deployment of such 
     forces of the Armed Forces; or
       (2) the temporary deployment of such forces of the Armed 
     Forces of the United States into Bosnia and Herzegovina is 
     necessary to evacuate United Nations peacekeeping forces from 
     a situation of imminent danger, to undertake emergency air 
     rescue operations, or to provide for the airborne delivery of 
     humanitarian supplies, and the President reports as soon as 
     practicable to Congress after the initiation of the temporary 
     deployment, but in no case later than 48 hours after the 
     initiation of the deployment.
       Sec. 409. Any costs incurred by a Department or agency 
     funded under this title resulting from personnel actions 
     taken in response to funding reductions included in this 
     title shall be absorbed within the total budgetary resources 
     available to such Department or agency: Provided, That the 
     authority to transfer funds between appropriations accounts 
     as may be necessary to carry out this provision is provided 
     in addition to authorities included elsewhere in this Act: 
     Provided further, That use of funds to carry out this section 
     shall be treated as a reprogramming of funds under section 
     605 of this Act and shall not be available for obligation or 
     expenditure except in compliance with the procedures set 
     forth in that section.
       This title may be cited as the ``Department of State and 
     Related Agencies Appropriations Act, 1996''.

                       TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration


                    operating-differential subsidies

                  (liquidation of contract authority)

       For the payment of obligations incurred for operating-
     differential subsidies as authorized by the Merchant Marine 
     Act, 1936, as amended, $162,610,000, to remain available 
     until expended.


                   maritime national security program

       For necessary expenses to maintain and preserve a U.S.-flag 
     merchant fleet to serve the national security needs of the 
     United States as determined by the Secretary of Defense in 
     consultation with the Secretary of

[[Page H1891]]

     Transportation, $46,000,000, to remain available until 
     expended: Provided, That these funds will be available only 
     upon enactment of an authorization for this program.


                        operations and training

       For necessary expenses of operations and training 
     activities authorized by law, $66,600,000, to remain 
     available until expended: Provided, That notwithstanding any 
     other provision of law, the Secretary of Transportation may 
     use proceeds derived from the sale or disposal of National 
     Defense Reserve Fleet vessels that are currently collected 
     and retained by the Maritime Administration, to be used for 
     facility and ship maintenance, modernization and repair, 
     conversion, acquisition of equipment, and fuel costs 
     necessary to maintain training at the United States Merchant 
     Marine Academy and State maritime academies and may be 
     transferred to the Secretary of the Interior for use as 
     provided in the National Maritime Heritage Act (Public Law 
     103-451): Provided further, That reimbursements may be made 
     to this appropriation from receipts to the ``Federal Ship 
     Financing Fund'' for administrative expenses in support of 
     that program in addition to any amount heretofore 
     appropriated.


          maritime guaranteed loan (title xi) program account

       For the cost of guaranteed loans, as authorized by the 
     Merchant Marine Act of 1936, $40,000,000, to remain available 
     until expended: Provided, That such costs, including the cost 
     of modifying such loans, shall be as defined in section 502 
     of the Congressional Budget Act of 1974, as amended: Provided 
     further, That these funds are available to subsidize total 
     loan principal, any part of which is to be guaranteed, not to 
     exceed $1,000,000,000.
       In addition, for administrative expenses to carry out the 
     guaranteed loan program, not to exceed $3,500,000, which 
     shall be transferred to and merged with the appropriation for 
     Operations and Training.


           administrative provisions--maritime administration

       Notwithstanding any other provision of this Act, the 
     Maritime Administration is authorized to furnish utilities 
     and services and make necessary repairs in connection with 
     any lease, contract, or occupancy involving Government 
     property under control of the Maritime Administration, and 
     payments received therefor shall be credited to the 
     appropriation charged with the cost thereof: Provided, That 
     rental payments under any such lease, contract, or occupancy 
     for items other than such utilities, services, or repairs 
     shall be covered into the Treasury as miscellaneous receipts.
       No obligations shall be incurred during the current fiscal 
     year from the construction fund established by the Merchant 
     Marine Act, 1936, or otherwise, in excess of the 
     appropriations and limitations contained in this Act or in 
     any prior appropriation Act, and all receipts which otherwise 
     would be deposited to the credit of said fund shall be 
     covered into the Treasury as miscellaneous receipts.

      Commission for the Preservation of America's Heritage Abroad


                         salaries and expenses

       For expenses for the Commission for the Preservation of 
     America's Heritage Abroad, $206,000, as authorized by Public 
     Law 99-83, section 1303.

                       Commission on Civil Rights


                         salaries and expenses

       For necessary expenses of the Commission on Civil Rights, 
     including hire of passenger motor vehicles, $8,750,000: 
     Provided, That not to exceed $50,000 may be used to employ 
     consultants: Provided further, That none of the funds 
     appropriated in this paragraph shall be used to employ in 
     excess of four full-time individuals under Schedule C of the 
     Excepted Service exclusive of one special assistant for each 
     Commissioner: Provided further, That none of the funds 
     appropriated in this paragraph shall be used to reimburse 
     Commissioners for more than 75 billable days, with the 
     exception of the Chairperson who is permitted 125 billable 
     days.

                    Commission on Immigration Reform


                         salaries and expenses

       For necessary expenses of the Commission on Immigration 
     Reform pursuant to section 141(f) of the Immigration Act of 
     1990, $1,894,000, to remain available until expended.

            Commission on Security and Cooperation in Europe


                         salaries and expenses

       For necessary expenses of the Commission on Security and 
     Cooperation in Europe, as authorized by Public Law 94-304, 
     $1,090,000, to remain available until expended as authorized 
     by section 3 of Public Law 99-7.

                Equal Employment Opportunity Commission


                         salaries and expenses

       For necessary expenses of the Equal Employment Opportunity 
     Commission as authorized by title VII of the Civil Rights Act 
     of 1964, as amended (29 U.S.C. 206(d) and 621-634), the 
     Americans with Disabilities Act of 1990 and the Civil Rights 
     Act of 1991, including services as authorized by 5 U.S.C. 
     3109; hire of passenger motor vehicles as authorized by 31 
     U.S.C. 1343(b); nonmonetary awards to private citizens; not 
     to exceed $26,500,000, for payments to State and local 
     enforcement agencies for services to the Commission pursuant 
     to title VII of the Civil Rights Act of 1964, as amended, 
     sections 6 and 14 of the Age Discrimination in Employment 
     Act, the Americans with Disabilities Act of 1990, and the 
     Civil Rights Act of 1991; $233,000,000: Provided, That the 
     Commission is authorized to make available for official 
     reception and representation expenses not to exceed $2,500 
     from available funds.

                   Federal Communications Commission


                         salaries and expenses

       For necessary expenses of the Federal Communications 
     Commission, as authorized by law, including uniforms and 
     allowances therefor, as authorized by 5 U.S.C. 5901-02; not 
     to exceed $600,000 for land and structure; not to exceed 
     $500,000 for improvement and care of grounds and repair to 
     buildings; not to exceed $4,000 for official reception and 
     representation expenses; purchase (not to exceed sixteen) and 
     hire of motor vehicles; special counsel fees; and services as 
     authorized by 5 U.S.C. 3109; $175,709,000, of which not to 
     exceed $300,000 shall remain available until September 30, 
     1997, for research and policy studies: Provided, That 
     $116,400,000 of offsetting collections shall be assessed and 
     collected pursuant to section 9 of title I of the 
     Communications Act of 1934, as amended, and shall be retained 
     and used for necessary expenses in this appropriation, and 
     shall remain available until expended: Provided further, That 
     the sum herein appropriated shall be reduced as such 
     offsetting collections are received during fiscal year 1996 
     so as to result in a final fiscal year 1996 appropriation 
     estimated at $59,309,000: Provided further, That any 
     offsetting collections received in excess of $116,400,000 in 
     fiscal year 1996 shall remain available until expended, but 
     shall not be available for obligation until October 1, 1996.

                      Federal Maritime Commission


                         salaries and expenses

       For necessary expenses of the Federal Maritime Commission 
     as authorized by section 201(d) of the Merchant Marine Act of 
     1936, as amended (46 App. U.S.C. 1111), including services as 
     authorized by 5 U.S.C. 3109; hire of passenger motor vehicles 
     as authorized by 31 U.S.C. 1343(b); and uniforms or 
     allowances therefor, as authorized by 5 U.S.C. 5901-02; 
     $14,855,000: Provided, That not to exceed $2,000 shall be 
     available for official reception and representation expenses.

                        Federal Trade Commission


                         salaries and expenses

       For necessary expenses of the Federal Trade Commission, 
     including uniforms or allowances therefor, as authorized by 5 
     U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; 
     hire of passenger motor vehicles; and not to exceed $2,000 
     for official reception and representation expenses; 
     $79,568,000: Provided, That not to exceed $300,000 shall be 
     available for use to contract with a person or persons for 
     collection services in accordance with the terms of 31 U.S.C. 
     3718, as amended: Provided further, That notwithstanding any 
     other provision of law, not to exceed $48,262,000 of 
     offsetting collections derived from fees collected for 
     premerger notification filings under the Hart-Scott-Rodino 
     Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be 
     retained and used for necessary expenses in this 
     appropriation, and shall remain available until expended: 
     Provided further, That the sum herein appropriated from the 
     General Fund shall be reduced as such offsetting collections 
     are received during fiscal year 1996, so as to result in a 
     final fiscal year 1996 appropriation from the General Fund 
     estimated at not more than $31,306,000, to remain available 
     until expended: Provided further, That any fees received in 
     excess of $48,262,000 in fiscal year 1996 shall remain 
     available until expended, but shall not be available for 
     obligation until October 1, 1996: Provided further, That none 
     of the funds made available to the Federal Trade Commission 
     shall be available for obligation for expenses authorized by 
     section 151 of the Federal Deposit Insurance Corporation 
     Improvement Act of 1991 (Public Law 102-242, 105 Stat. 2282-
     2285).

               Japan-United States Friendship Commission


               japan-united states friendship trust fund

       For expenses of the Japan-United States Friendship 
     Commission, as authorized by Public Law 94-118, as amended, 
     from the interest earned on the Japan-United States 
     Friendship Trust Fund, $1,247,000; and an amount of Japanese 
     currency not to exceed the equivalent of $1,420,000 based on 
     exchange rates at the time of payment of such amounts as 
     authorized by Public Law 94-118.

                       Legal Services Corporation


               payment to the legal services corporation

       For payment to the Legal Services Corporation to carry out 
     the purposes of the Legal Services Corporation Act of 1974, 
     as amended, $278,000,000, of which $266,000,000 is for basic 
     field programs; $7,000,000 is for the Office of the Inspector 
     General, of which $5,500,000 shall remain available until 
     expended and be used to contract with independent public 
     accountants for financial audits of all recipients in 
     accordance with the requirements of section 509 of this Act; 
     and $5,000,000 is for management and administration: 
     Provided, That $198,750,000 of the total amount provided 
     under this heading for basic field programs shall not be 
     available except for the competitive award of grants and 
     contracts under section 503 of this Act.

[[Page H1892]]

         Administrative Provisions--Legal Services Corporation

       Sec. 501. (a) Funds appropriated under this Act to the 
     Legal Services Corporation for basic field programs shall be 
     distributed as follows:
       (1) The Corporation shall define geographic areas and make 
     the funds available for each geographic area on a per capita 
     basis relative to the number of individuals in poverty 
     determined by the Bureau of the Census to be within the 
     geographic area, except as provided in paragraph (2)(B). 
     Funds for such a geographic area may be distributed by the 
     Corporation to 1 or more persons or entities eligible for 
     funding under section 1006(a)(1)(A) of the Legal Services 
     Corporation Act (42 U.S.C. 2996e(a)(1)(A)), subject to 
     sections 502 and 504.
       (2) Funds for grants from the Corporation, and contracts 
     entered into by the Corporation for basic field programs, 
     shall be allocated so as to provide--
       (A) except as provided in subparagraph (B), an equal figure 
     per individual in poverty for all geographic areas, as 
     determined on the basis of the most recent decennial census 
     of population conducted pursuant to section 141 of title 13, 
     United States Code (or, in the case of the Republic of Palau, 
     the Federated States of Micronesia, the Republic of the 
     Marshall Islands, Alaska, Hawaii, and the United States 
     Virgin Islands, on the basis of the adjusted population 
     counts historically used as the basis for such 
     determinations); and
       (B) an additional amount for Native American communities 
     that received assistance under the Legal Services Corporation 
     Act for fiscal year 1995, so that the proportion of the funds 
     appropriated to the Legal Services Corporation for basic 
     field programs for fiscal year 1996 that is received by the 
     Native American communities shall be not less than the 
     proportion of such funds appropriated for fiscal year 1995 
     that was received by the Native American communities.
       (b) As used in this section:
       (1) The term ``individual in poverty'' means an individual 
     who is a member of a family (of 1 or more members) with an 
     income at or below the poverty line.
       (2) The term ``poverty line'' means the poverty line (as 
     defined by the Office of Management and Budget, and revised 
     annually in accordance with section 673(2) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a 
     family of the size involved.
       Sec. 502. None of the funds appropriated in this Act to the 
     Legal Services Corporation shall be used by the Corporation 
     to make a grant, or enter into a contract, for the provision 
     of legal assistance unless the Corporation ensures that the 
     person or entity receiving funding to provide such legal 
     assistance is--
       (1) a private attorney admitted to practice in a State or 
     the District of Columbia;
       (2) a qualified nonprofit organization, chartered under the 
     laws of a State or the District of Columbia, that--
       (A) furnishes legal assistance to eligible clients; and
       (B) is governed by a board of directors or other governing 
     body, the majority of which is comprised of attorneys who--
       (i) are admitted to practice in a State or the District of 
     Columbia; and
       (ii) are appointed to terms of office on such board or body 
     by the governing body of a State, county, or municipal bar 
     association, the membership of which represents a majority of 
     the attorneys practicing law in the locality in which the 
     organization is to provide legal assistance;
       (3) a State or local government (without regard to section 
     1006(a)(1)(A)(ii) of the Legal Services Corporation Act (42 
     U.S.C. 2996e(a)(1)(A)(ii)); or
       (4) a substate regional planning or coordination agency 
     that serves a substate area and whose governing board is 
     controlled by locally elected officials.
       Sec. 503. (a)(1) Not later than April 1, 1996, the Legal 
     Services Corporation shall implement a system of competitive 
     awards of grants and contracts for all basic field programs, 
     which shall apply to all such grants and contracts awarded by 
     the Corporation after March 31, 1996, from funds appropriated 
     in this Act.
       (2) Any grant or contract awarded before April 1, 1996, by 
     the Legal Services Corporation to a basic field program for 
     1996--
       (A) shall not be for an amount greater than the amount 
     required for the period ending March 31, 1996;
       (B) shall terminate at the end of such period; and
       (C) shall not be renewable except in accordance with the 
     system implemented under paragraph (1).
       (3) The amount of grants and contracts awarded before April 
     1, 1996, by the Legal Services Corporation for basic field 
     programs for 1996 in any geographic area described in section 
     501 shall not exceed an amount equal to \3/12\ of the total 
     amount to be distributed for such programs for 1996 in such 
     area.
       (b) Not later than 60 days after the date of enactment of 
     this Act, the Legal Services Corporation shall promulgate 
     regulations to implement a competitive selection process for 
     the recipients of such grants and contracts.
       (c) Such regulations shall specify selection criteria for 
     the recipients, which shall include--
       (1) a demonstration of a full understanding of the basic 
     legal needs of the eligible clients to be served and a 
     demonstration of the capability of serving the needs;
       (2) the quality, feasibility, and cost effectiveness of a 
     plan submitted by an applicant for the delivery of legal 
     assistance to the eligible clients to be served; and
       (3) the experience of the Legal Services Corporation with 
     the applicant, if the applicant has previously received 
     financial assistance from the Corporation, including the 
     record of the applicant of past compliance with Corporation 
     policies, practices, and restrictions.
       (d) Such regulations shall ensure that timely notice 
     regarding an opportunity to submit an application for such an 
     award is published in periodicals of local and State bar 
     associations and in at least 1 daily newspaper of general 
     circulation in the area to be served by the person or entity 
     receiving the award.
       (e) No person or entity that was previously awarded a grant 
     or contract by the Legal Services Corporation for the 
     provision of legal assistance may be given any preference in 
     the competitive selection process.
       (f) For the purposes of the funding provided in this Act, 
     rights under sections 1007(a)(9) and 1011 of the Legal 
     Services Corporation Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C. 
     2996j) shall not apply.
       Sec. 504. (a) None of the funds appropriated in this Act to 
     the Legal Services Corporation may be used to provide 
     financial assistance to any person or entity (which may be 
     referred to in this section as a ``recipient'')--
       (1) that makes available any funds, personnel, or equipment 
     for use in advocating or opposing any plan or proposal, or 
     represents any party or participates in any other way in 
     litigation, that is intended to or has the effect of 
     altering, revising, or reapportioning a legislative, 
     judicial, or elective district at any level of government, 
     including influencing the timing or manner of the taking of a 
     census;
       (2) that attempts to influence the issuance, amendment, or 
     revocation of any executive order, regulation, or other 
     statement of general applicability and future effect by any 
     Federal, State, or local agency;
       (3) that attempts to influence any part of any adjudicatory 
     proceeding of any Federal, State, or local agency if such 
     part of the proceeding is designed for the formulation or 
     modification of any agency policy of general applicability 
     and future effect;
       (4) that attempts to influence the passage or defeat of any 
     legislation, constitutional amendment, referendum, 
     initiative, or any similar procedure of the Congress or a 
     State or local legislative body;
       (5) that attempts to influence the conduct of oversight 
     proceedings of the Corporation or any person or entity 
     receiving financial assistance provided by the Corporation;
       (6) that pays for any personal service, advertisement, 
     telegram, telephone communication, letter, printed or written 
     matter, administrative expense, or related expense, 
     associated with an activity prohibited in this section;
       (7) that initiates or participates in a class action suit;
       (8) that files a complaint or otherwise initiates or 
     participates in litigation against a defendant, or engages in 
     a precomplaint settlement negotiation with a prospective 
     defendant, unless--
       (A) each plaintiff has been specifically identified, by 
     name, in any complaint filed for purposes of such litigation 
     or prior to the precomplaint settlement negotiation; and
       (B) a statement or statements of facts written in English 
     and, if necessary, in a language that the plaintiffs 
     understand, that enumerate the particular facts known to the 
     plaintiffs on which the complaint is based, have been signed 
     by the plaintiffs, are kept on file by the recipient, and are 
     made available to any Federal department or agency that is 
     auditing or monitoring the activities of the Corporation or 
     of the recipient, and to any auditor or monitor receiving 
     Federal funds to conduct such auditing or monitoring, 
     including any auditor or monitor of the Corporation:

     Provided, That upon establishment of reasonable cause that an 
     injunction is necessary to prevent probable, serious harm to 
     such potential plaintiff, a court of competent jurisdiction 
     may enjoin the disclosure of the identity of any potential 
     plaintiff pending the outcome of such litigation or 
     negotiations after notice and an opportunity for a hearing is 
     provided to potential parties to the litigation or the 
     negotiations: Provided further, That other parties to the 
     litigation or negotiation shall have access to the statement 
     of facts referred to in subparagraph (B) only through the 
     discovery process after litigation has begun;
       (9) unless--
       (A) prior to the provision of financial assistance--
       (i) if the person or entity is a nonprofit organization, 
     the governing board of the person or entity has set specific 
     priorities in writing, pursuant to section 1007(a)(2)(C)(i) 
     of the Legal Services Corporation Act (42 U.S.C. 
     2996f(a)(2)(C)(i)), of the types of matters and cases to 
     which the staff of the nonprofit organization shall devote 
     time and resources; and
       (ii) the staff of such person or entity has signed a 
     written agreement not to undertake cases or matters other 
     than in accordance with the specific priorities set by such 
     governing board, except in emergency situations defined by 
     such board and in accordance with the written procedures of 
     such board for such situations; and
       (B) the staff of such person or entity provides to the 
     governing board on a quarterly

[[Page H1893]]

     basis, and to the Corporation on an annual basis, information 
     on all cases or matters undertaken other than cases or 
     matters undertaken in accordance with such priorities;
       (10) unless--
       (A) prior to receiving the financial assistance, such 
     person or entity agrees to maintain records of time spent on 
     each case or matter with respect to which the person or 
     entity is engaged;
       (B) any funds, including Interest on Lawyers Trust Account 
     funds, received from a source other than the Corporation by 
     the person or entity, and disbursements of such funds, are 
     accounted for and reported as receipts and disbursements, 
     respectively, separate and distinct from Corporation funds; 
     and
       (C) the person or entity agrees (notwithstanding section 
     1009(d) of the Legal Services Corporation Act (42 U.S.C. 
     2996h(d)) to make the records described in this paragraph 
     available to any Federal department or agency that is 
     auditing or monitoring the activities of the Corporation or 
     of the recipient, and to any independent auditor or monitor 
     receiving Federal funds to conduct such auditing or 
     monitoring, including any auditor or monitor of the 
     Corporation;
       (11) that provides legal assistance for or on behalf of any 
     alien, unless the alien is present in the United States and 
     is--
       (A) an alien lawfully admitted for permanent residence as 
     defined in section 101(a)(20) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(20));
       (B) an alien who--
       (i) is married to a United States citizen or is a parent or 
     an unmarried child under the age of 21 years of such a 
     citizen; and
       (ii) has filed an application to adjust the status of the 
     alien to the status of a lawful permanent resident under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     which application has not been rejected;
       (C) an alien who is lawfully present in the United States 
     pursuant to an admission under section 207 of the Immigration 
     and Nationality Act (8 U.S.C. 1157) (relating to refugee 
     admission) or who has been granted asylum by the Attorney 
     General under such Act;
       (D) an alien who is lawfully present in the United States 
     as a result of withholding of deportation by the Attorney 
     General pursuant to section 243(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1253(h));
       (E) an alien to whom section 305 of the Immigration Reform 
     and Control Act of 1986 (8 U.S.C. 1101 note) applies, but 
     only to the extent that the legal assistance provided is the 
     legal assistance described in such section; or
       (F) an alien who is lawfully present in the United States 
     as a result of being granted conditional entry to the United 
     States before April 1, 1980, pursuant to section 203(a)(7) of 
     the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)), as 
     in effect on March 31, 1980, because of persecution or fear 
     of persecution on account of race, religion, or political 
     calamity;
       (12) that supports or conducts a training program for the 
     purpose of advocating a particular public policy or 
     encouraging a political activity, a labor or antilabor 
     activity, a boycott, picketing, a strike, or a demonstration, 
     including the dissemination of information about such a 
     policy or activity, except that this paragraph shall not be 
     construed to prohibit the provision of training to an 
     attorney or a paralegal to prepare the attorney or paralegal 
     to provide--
       (A) adequate legal assistance to eligible clients; or
       (B) advice to any eligible client as to the legal rights of 
     the client;
       (13) that claims (or whose employee claims), or collects 
     and retains, attorneys' fees pursuant to any Federal or State 
     law permitting or requiring the awarding of such fees;
       (14) that participates in any litigation with respect to 
     abortion;
       (15) that participates in any litigation on behalf of a 
     person incarcerated in a Federal, State, or local prison;
       (16) that initiates legal representation or participates in 
     any other way, in litigation, lobbying, or rulemaking, 
     involving an effort to reform a Federal or State welfare 
     system, except that this paragraph shall not be construed to 
     preclude a recipient from representing an individual eligible 
     client who is seeking specific relief from a welfare agency 
     if such relief does not involve an effort to amend or 
     otherwise challenge existing law in effect on the date of the 
     initiation of the representation;
       (17) that defends a person in a proceeding to evict the 
     person from a public housing project if--
       (A) the person has been charged with the illegal sale or 
     distribution of a controlled substance; and
       (B) the eviction proceeding is brought by a public housing 
     agency because the illegal drug activity of the person 
     threatens the health or safety of another tenant residing in 
     the public housing project or employee of the public housing 
     agency;
       (18) unless such person or entity agrees that the person or 
     entity, and the employees of the person or entity, will not 
     accept employment resulting from in-person unsolicited advice 
     to a nonattorney that such nonattorney should obtain counsel 
     or take legal action, and will not refer such nonattorney to 
     another person or entity or an employee of the person or 
     entity, that is receiving financial assistance provided by 
     the Corporation; or
       (19) unless such person or entity enters into a contractual 
     agreement to be subject to all provisions of Federal law 
     relating to the proper use of Federal funds, the violation of 
     which shall render any grant or contractual agreement to 
     provide funding null and void, and, for such purposes, the 
     Corporation shall be considered to be a Federal agency and 
     all funds provided by the Corporation shall be considered to 
     be Federal funds provided by grant or contract.
       (b) Nothing in this section shall be construed to prohibit 
     a recipient from using funds from a source other than the 
     Legal Services Corporation for the purpose of contacting, 
     communicating with, or responding to a request from, a State 
     or local government agency, a State or local legislative body 
     or committee, or a member thereof, regarding funding for the 
     recipient, including a pending or proposed legislative or 
     agency proposal to fund such recipient.
       (c) Not later than 30 days after the date of enactment of 
     this Act, the Legal Services Corporation shall promulgate a 
     suggested list of priorities that boards of directors may use 
     in setting priorities under subsection (a)(9).
       (d)(1) The Legal Services Corporation shall not accept any 
     non-Federal funds, and no recipient shall accept funds from 
     any source other than the Corporation, unless the Corporation 
     or the recipient, as the case may be, notifies in writing the 
     source of the funds that the funds may not be expended for 
     any purpose prohibited by the Legal Services Corporation Act 
     or this title.
       (2) Paragraph (1) shall not prevent a recipient from--
       (A) receiving Indian tribal funds (including funds from 
     private nonprofit organizations for the benefit of Indians or 
     Indian tribes) and expending the tribal funds in accordance 
     with the specific purposes for which the tribal funds are 
     provided; or
       (B) using funds received from a source other than the Legal 
     Services Corporation to provide legal assistance to a covered 
     individual if such funds are used for the specific purposes 
     for which such funds were received, except that such funds 
     may not be expended by recipients for any purpose prohibited 
     by this Act or by the Legal Services Corporation Act.
       (e) As used in this section:
       (1) The term ``controlled substance'' has the meaning given 
     the term in section 102 of the Controlled Substances Act (21 
     U.S.C. 802).
       (2) The term ``covered individual'' means any person who--
       (A) except as provided in subparagraph (B), meets the 
     requirements of this Act and the Legal Services Corporation 
     Act relating to eligibility for legal assistance; and
       (B) may or may not be financially unable to afford legal 
     assistance.
       (3) The term ``public housing project'' has the meaning as 
     used within, and the term ``public housing agency'' has the 
     meaning given the term, in section 3 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437a).
       Sec. 505. None of the funds appropriated in this Act to the 
     Legal Services Corporation or provided by the Corporation to 
     any entity or person may be used to pay membership dues to 
     any private or nonprofit organization.
       Sec. 506. None of the funds appropriated in this Act to the 
     Legal Services Corporation may be used by any person or 
     entity receiving financial assistance from the Corporation to 
     file or pursue a lawsuit against the Corporation.
       Sec. 507. None of the funds appropriated in this Act to the 
     Legal Services Corporation may be used for any purpose 
     prohibited or contrary to any of the provisions of 
     authorization legislation for fiscal year 1996 for the Legal 
     Services Corporation that is enacted into law. Upon the 
     enactment of such Legal Services Corporation reauthorization 
     legislation, funding provided in this Act shall from that 
     date be subject to the provisions of that legislation and any 
     provisions in this Act that are inconsistent with that 
     legislation shall no longer have effect.
       Sec. 508. (a) The requirements of section 504 shall apply 
     to the activities of a recipient described in section 504, or 
     an employee of such a recipient, during the provision of 
     legal assistance for a case or matter, if the recipient or 
     employee begins to provide the legal assistance on or after 
     the date of enactment of this Act.
       (b) If the recipient or employee began to provide legal 
     assistance for the case or matter prior to the date of 
     enactment of this Act--
       (1) each of the requirements of section 504 (other than 
     paragraphs (7), (11), and (15) of subsection (a) of such 
     section) shall, beginning on the date of enactment of this 
     Act, apply to the activities of the recipient or employee 
     during the provision of legal assistance for the case or 
     matter; and
       (2) the requirements of paragraphs (7), (11), and (15) of 
     section 504(a) shall apply--
       (A) beginning on the date of enactment of this Act, to the 
     activities of the recipient or employee during the provision 
     of legal assistance for any additional related claim for 
     which the recipient or employee begins to provide legal 
     assistance on or after such date; and
       (B) beginning July 1, 1996, to all other activities of the 
     recipient or employee during the provision of legal 
     assistance for the case or matter.
       (c) The Legal Services Corporation shall, every 60 days, 
     submit to the Committees on Appropriations of the Senate and 
     House of Representatives a report setting forth the status of 
     cases and matters referred to in subsection (b)(2).
       Sec. 509. (a) An audit of each person or entity receiving 
     financial assistance from the

[[Page H1894]]

     Legal Services Corporation under this Act (referred to in 
     this section as a ``recipient'') shall be conducted in 
     accordance with generally accepted government auditing 
     standards and shall report whether--
       (1) the financial statements of the recipient present 
     fairly its financial position and the results of its 
     financial operations in accordance with generally accepted 
     accounting principles;
       (2) the recipient has internal control systems to provide 
     reasonable assurance that it is managing funds, regardless of 
     source, in compliance with Federal laws and regulations; and
       (3) the recipient has complied with Federal laws and 
     regulations applicable to funds received, regardless of 
     source.
       (b) In carrying out the requirements of subsection (a)(3), 
     the auditor shall select and test a representative number of 
     transactions. Any noncompliance found by the auditor during 
     the audit under this section shall be reported within 30 days 
     to the Office of the Inspector General.
       (c) Audits conducted in accordance with this section shall 
     be in lieu of the financial audits otherwise required by 
     section 1009(c) of the Legal Services Corporation Act (42 
     U.S.C. 2996h(c)).
       (d) Notwithstanding section 1006(b)(3) of the Legal 
     Services Corporation Act (42 U.S.C. 2996e(b)(3)), the Legal 
     Services Corporation shall have access to financial records, 
     time records, retainer agreements, client trust fund and 
     eligibility records, and client names, for each recipient, 
     except for reports or records subject to the attorney-client 
     privilege.
       (e) The Legal Services Corporation shall not disclose any 
     name or document referred to in subsection (d), except to--
       (1) a Federal, State, or local law enforcement official; or
       (2) an official of an appropriate bar association for the 
     purpose of enabling the official to conduct an investigation 
     of a rule of professional conduct.
       (f) The requirements of this section shall apply to a 
     recipient for its first fiscal year beginning on or after 
     January 1, 1996.

                        Marine Mammal Commission


                         salaries and expenses

       For necessary expenses of the Marine Mammal Commission as 
     authorized by title II of Public Law 92-522, as amended, 
     $1,190,000.

           Martin Luther King, Jr. Federal Holiday Commission


                         salaries and expenses

       For necessary expenses of the Martin Luther King, Jr. 
     Federal Holiday Commission, as authorized by Public Law 98-
     399, as amended, $350,000: Provided, That this shall be the 
     final Federal payment to the Martin Luther King, Jr. Federal 
     Holiday Commission for operations and necessary closing 
     costs.

                   Securities and Exchange Commission


                         salaries and expenses

       For necessary expenses for the Securities and Exchange 
     Commission, including services as authorized by 5 U.S.C. 
     3109, the rental of space (to include multiple year leases) 
     in the District of Columbia and elsewhere, and not to exceed 
     $3,000 for official reception and representation expenses, 
     $287,738,000, of which $3,000,000 is for the Office of 
     Economic Analysis, to be headed by the Chief Economist of the 
     Commission, and of which not to exceed $10,000 may be used 
     toward funding a permanent secretariat for the International 
     Organization of Securities Commissions, and of which not to 
     exceed $100,000 shall be available for expenses for 
     consultations and meetings hosted by the Commission with 
     foreign governmental and other regulatory officials, members 
     of their delegations, appropriate representatives and staff 
     to exchange views concerning developments relating to 
     securities matters, development and implementation of 
     cooperation agreements concerning securities matters and 
     provision of technical assistance for the development of 
     foreign securities markets, such expenses to include 
     necessary logistic and administrative expenses and the 
     expenses of Commission staff and foreign invitees in 
     attendance at such consultations and meetings including: (i) 
     such incidental expenses as meals taken in the course of such 
     attendance, (ii) any travel and transportation to or from 
     such meetings, and (iii) any other related lodging or 
     subsistence: Provided, That immediately upon enactment of 
     this Act, the rate of fees under section 6(b) of the 
     Securities Act of 1933 (15 U.S.C. 77f(b)) shall increase from 
     one-fiftieth of one percentum to one-twenty-ninth of one 
     percentum, and such increase shall be deposited as an 
     offsetting collection to this appropriation, to remain 
     available until expended, to recover costs of services of the 
     securities registration process: Provided further, That the 
     total amount appropriated for fiscal year 1996 under this 
     heading shall be reduced as such fees are deposited to this 
     appropriation so as to result in a final total fiscal year 
     1996 appropriation from the General Fund estimated at not 
     more than $103,445,000: Provided further, That any such fees 
     collected in excess of $184,293,000 shall remain available 
     until expended but shall not be available for obligation 
     until October 1, 1996: Provided further, That $1,000,000 of 
     the funds appropriated for the Commission shall be available 
     for the enforcement of the Investment Advisers Act of 1940 in 
     addition to any other appropriated funds designated by the 
     Commission for enforcement of such Act.

                     Small Business Administration


                         salaries and expenses

       For necessary expenses, not otherwise provided for, of the 
     Small Business Administration as authorized by Public Law 
     103-403, including hire of passenger motor vehicles as 
     authorized by 31 U.S.C. 1343 and 1344, and not to exceed 
     $3,500 for official reception and representation expenses, 
     $219,190,000: Provided, That the Administrator is authorized 
     to charge fees to cover the cost of publications developed by 
     the Small Business Administration, and certain loan servicing 
     activities: Provided further, That notwithstanding 31 U.S.C. 
     3302, revenues received from all such activities shall be 
     credited to this account, to be available for carrying out 
     these purposes without further appropriations.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended (5 U.S.C. App. 1-11 as amended by Public 
     Law 100-504), $8,500,000.


                     business loans program account

       For the cost of direct loans, $4,500,000, and for the cost 
     of guaranteed loans, $156,226,000, as authorized by 15 U.S.C. 
     631 note, of which $1,216,000, to be available until 
     expended, shall be for the Microloan Guarantee Program, and 
     of which $40,510,000 shall remain available until September 
     30, 1997: Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974: Provided further, That 
     during fiscal year 1996, commitments to guarantee loans under 
     section 503 of the Small Business Investment Act of 1958, as 
     amended, shall not exceed the amount of financings authorized 
     under section 20(n)(2)(B) of the Small Business Act, as 
     amended.
       In addition, for administrative expenses to carry out the 
     direct and guaranteed loan programs, $92,622,000, which may 
     be transferred to and merged with the appropriations for 
     Salaries and Expenses.


                     disaster loans program account

       For the cost of direct loans authorized by section 7(b) of 
     the Small Business Act, as amended, $34,432,000, to remain 
     available until expended: Provided, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974.
       In addition, for administrative expenses to carry out the 
     direct loan program, $71,578,000, which may be transferred to 
     and merged with the appropriations for Salaries and Expenses.


                 surety bond guarantees revolving fund

       For additional capital for the ``Surety Bond Guarantees 
     Revolving Fund'', authorized by the Small Business Investment 
     Act, as amended, $2,530,000, to remain available without 
     fiscal year limitation as authorized by 15 U.S.C. 631 note.


        administrative provision--small business administration

       Sec. 510. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Small Business 
     Administration in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers: Provided, That 
     any transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.

                        State Justice Institute


                         salaries and expenses

       For necessary expenses of the State Justice Institute, as 
     authorized by The State Justice Institute Authorization Act 
     of 1992 (Public Law 102-572 (106 Stat. 4515-4516)), 
     $5,000,000 to remain available until expended: Provided, That 
     not to exceed $2,500 shall be available for official 
     reception and representation expenses.

                      TITLE VI--GENERAL PROVISIONS

       Sec. 601. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 602. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 603. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 604. If any provision of this Act or the application 
     of such provision to any person or circumstances shall be 
     held invalid, the remainder of the Act and the application of 
     each provision to persons or circumstances other than those 
     as to which it is held invalid shall not be affected thereby.
       Sec. 605 (a) None of the funds provided under this Act, or 
     provided under previous Appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 1996, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation

[[Page H1895]]

     or expenditure through a reprogramming of funds which (1) 
     creates new programs; (2) eliminates a program, project, or 
     activity; (3) increases funds or personnel by any means for 
     any project or activity for which funds have been denied or 
     restricted; (4) relocates an office or employees; (5) 
     reorganizes offices, programs, or activities; or (6) 
     contracts out or privatizes any functions or activities 
     presently performed by Federal employees; unless the 
     Appropriations Committees of both Houses of Congress are 
     notified fifteen days in advance of such reprogramming of 
     funds.
       (b) None of the funds provided under this Act, or provided 
     under previous Appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 1996, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming of funds in 
     excess of $500,000 or 10 percent, whichever is less, that (1) 
     augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or (3) results from any general 
     savings from a reduction in personnel which would result in a 
     change in existing programs, activities, or projects as 
     approved by Congress; unless the Appropriations Committees of 
     both Houses of Congress are notified fifteen days in advance 
     of such reprogramming of funds.
       Sec. 606. None of the funds made available in this Act may 
     be used for the construction, repair (other than emergency 
     repair), overhaul, conversion, or modernization of vessels 
     for the National Oceanic and Atmospheric Administration in 
     shipyards located outside of the United States.
       Sec. 607. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.
       Sec. 608. None of the funds made available in this Act may 
     be used to implement, administer, or enforce any guidelines 
     of the Equal Employment Opportunity Commission covering 
     harassment based on religion, when it is made known to the 
     Federal entity or official to which such funds are made 
     available that such guidelines do not differ in any respect 
     from the proposed guidelines published by the Commission on 
     October 1, 1993 (58 Fed. Reg. 51266).
       Sec. 609. None of the funds appropriated or otherwise made 
     available by this Act may be obligated or expended to pay for 
     any cost incurred for (1) opening or operating any United 
     States diplomatic or consular post in the Socialist Republic 
     of Vietnam that was not operating on July 11, 1995; (2) 
     expanding any United States diplomatic or consular post in 
     the Socialist Republic of Vietnam that was operating on July 
     11, 1995; or (3) increasing the total number of personnel 
     assigned to United States diplomatic or consular posts in the 
     Socialist Republic of Vietnam above the levels existing on 
     July 11, 1995, unless the President certifies within 60 days, 
     based upon all information available to the United States 
     Government that the Government of the Socialist Republic of 
     Vietnam is fully cooperating with the United States in the 
     following four areas:
       (1) Resolving discrepancy cases, live sightings and field 
     activities,
       (2) Recovering and repatriating American remains,
       (3) Accelerating efforts to provide documents that will 
     help lead to fullest possible accounting of POW/MIA's,
       (4) Providing further assistance in implementing trilateral 
     investigations with Laos.
       Sec. 610. None of the funds made available by this Act may 
     be used for any United Nations undertaking when it is made 
     known to the Federal official having authority to obligate or 
     expend such funds (1) that the United Nations undertaking is 
     a peacekeeping mission, (2) that such undertaking will 
     involve United States Armed Forces under the command or 
     operational control of a foreign national, and (3) that the 
     President's military advisors have not submitted to the 
     President a recommendation that such involvement is in the 
     national security interests of the United States and the 
     President has not submitted to the Congress such a 
     recommendation.
       Sec. 611. None of the funds made available in this Act 
     shall be used to provide the following amenities or personal 
     comforts in the Federal prison system--
       (1) in-cell television viewing except for prisoners who are 
     segregated from the general prison population for their own 
     safety;
       (2) the viewing of R, X, and NC-17 rated movies, through 
     whatever medium presented;
       (3) any instruction (live or through broadcasts) or 
     training equipment for boxing, wrestling, judo, karate, or 
     other martial art, or any bodybuilding or weightlifting 
     equipment of any sort;
       (4) possession of in-cell coffee pots, hot plates, or 
     heating elements; or
       (5) the use or possession of any electric or electronic 
     musical instrument.
       Sec. 612. None of the funds made available in title II for 
     the National Oceanic and Atmospheric Administration under the 
     heading ``Fleet Modernization, Shipbuilding and Conversion'' 
     may be used to implement sections 603, 604, and 605 of Public 
     Law 102-567.
       Sec. 613. None of the funds made available in this Act may 
     be used for ``USIA Television Marti Program'' under the 
     Television Broadcasting to Cuba Act or any other program of 
     United States Government television broadcasts to Cuba, when 
     it is made known to the Federal official having authority to 
     obligate or expend such funds that such use would be 
     inconsistent with the applicable provisions of the March 1995 
     Office of Cuba Broadcasting Reinventing Plan of the United 
     States Information Agency.
       Sec. 614. (a)(1) Section 5002 of title 18, United States 
     Code, is repealed.
       (2) The table of sections for chapter 401 of title 18, 
     United States Code, is amended by striking out the item 
     relating to the Advisory Corrections Council.
       (b) This section shall take effect 30 days after the date 
     of the enactment of this Act.
       Sec. 615. Any costs incurred by a Department or agency 
     funded under this Act resulting from personnel actions taken 
     in response to funding reductions included in this Act shall 
     be absorbed within the total budgetary resources available to 
     such Department or agency: Provided, That the authority to 
     transfer funds between appropriations accounts as may be 
     necessary to carry out this provision is provided in addition 
     to authorities included elsewhere in this Act: Provided 
     further, That use of funds to carry out this section shall be 
     treated as a reprogramming of funds under section 605 of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration


                          working capital fund

                              (rescission)

       Of the unobligated balances available under this heading, 
     $65,000,000 are rescinded.

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


            acquisition and maintenance of buildings abroad

                              (rescission)

       Of the unobligated balances available under this heading, 
     $60,000,000 are rescinded.

                            RELATED AGENCIES

                    United States Information Agency


                           radio construction

                              (rescission)

       Of the unobligated balances available under this heading, 
     $7,400,000 are rescinded.

                  TITLE VIII--PRISON LITIGATION REFORM

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Prison Litigation Reform 
     Act of 1995''.

     SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.

       (a) In General.--Section 3626 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 3626. Appropriate remedies with respect to prison 
       conditions

       ``(a) Requirements for Relief.--
       ``(1) Prospective relief.--(A) Prospective relief in any 
     civil action with respect to prison conditions shall extend 
     no further than necessary to correct the violation of the 
     Federal right of a particular plaintiff or plaintiffs. The 
     court shall not grant or approve any prospective relief 
     unless the court finds that such relief is narrowly drawn, 
     extends no further than necessary to correct the violation of 
     the Federal right, and is the least intrusive means necessary 
     to correct the violation of the Federal right. The court 
     shall give substantial weight to any adverse impact on public 
     safety or the operation of a criminal justice system caused 
     by the relief.
       ``(B) The court shall not order any prospective relief that 
     requires or permits a government official to exceed his or 
     her authority under State or local law or otherwise violates 
     State or local law, unless--
       ``(i) Federal law permits such relief to be ordered in 
     violation of State or local law;
       ``(ii) the relief is necessary to correct the violation of 
     a Federal right; and
       ``(iii) no other relief will correct the violation of the 
     Federal right.
       ``(C) Nothing in this section shall be construed to 
     authorize the courts, in exercising their remedial powers, to 
     order the construction of prisons or the raising of taxes, or 
     to repeal or detract from otherwise applicable limitations on 
     the remedial powers of the courts.
       ``(2) Preliminary injunctive relief.--In any civil action 
     with respect to prison conditions, to the extent otherwise 
     authorized by law, the court may enter a temporary 
     restraining order or an order for preliminary injunctive 
     relief. Preliminary injunctive relief must be narrowly drawn, 
     extend no further than necessary to correct the harm the 
     court finds requires preliminary relief, and be the least 
     intrusive means necessary to correct that harm. The court 
     shall give substantial weight to any adverse impact on public 
     safety or the operation of a criminal justice system caused 
     by the preliminary relief and shall respect the principles of 
     comity set out in paragraph (1)(B) in tailoring any 
     preliminary relief. Preliminary injunctive relief shall 
     automatically expire on the

[[Page H1896]]

     date that is 90 days after its entry, unless the court makes 
     the findings required under subsection (a)(1) for the entry 
     of prospective relief and makes the order final before the 
     expiration of the 90-day period.
       ``(3) Prisoner release order.--(A) In any civil action with 
     respect to prison conditions, no prisoner release order shall 
     be entered unless--
       ``(i) a court has previously entered an order for less 
     intrusive relief that has failed to remedy the deprivation of 
     the Federal right sought to be remedied through the prisoner 
     release order; and
       ``(ii) the defendant has had a reasonable amount of time to 
     comply with the previous court orders.
       ``(B) In any civil action in Federal court with respect to 
     prison conditions, a prisoner release order shall be entered 
     only by a three-judge court in accordance with section 2284 
     of title 28, if the requirements of subparagraph (E) have 
     been met.
       ``(C) A party seeking a prisoner release order in Federal 
     court shall file with any request for such relief, a request 
     for a three-judge court and materials sufficient to 
     demonstrate that the requirements of subparagraph (A) have 
     been met.
       ``(D) If the requirements under subparagraph (A) have been 
     met, a Federal judge before whom a civil action with respect 
     to prison conditions is pending who believes that a prison 
     release order should be considered may sua sponte request the 
     convening of a three-judge court to determine whether a 
     prisoner release order should be entered.
       ``(E) The three-judge court shall enter a prisoner release 
     order only if the court finds by clear and convincing 
     evidence that--
       ``(i) crowding is the primary cause of the violation of a 
     Federal right; and
       ``(ii) no other relief will remedy the violation of the 
     Federal right.
       ``(F) Any State or local official or unit of government 
     whose jurisdiction or function includes the appropriation of 
     funds for the construction, operation, or maintenance of 
     program facilities, or the prosecution or custody of persons 
     who may be released from, or not admitted to, a prison as a 
     result of a prisoner release order shall have standing to 
     oppose the imposition or continuation in effect of such 
     relief and to seek termination of such relief, and shall have 
     the right to intervene in any proceeding relating to such 
     relief.
       ``(b) Termination of Relief.--
       ``(1) Termination of prospective relief.--(A) In any civil 
     action with respect to prison conditions in which prospective 
     relief is ordered, such relief shall be terminable upon the 
     motion of any party or intervener--
       ``(i) 2 years after the date the court granted or approved 
     the prospective relief;
       ``(ii) 1 year after the date the court has entered an order 
     denying termination of prospective relief under this 
     paragraph; or
       ``(iii) in the case of an order issued on or before the 
     date of enactment of the Prison Litigation Reform Act, 2 
     years after such date of enactment.
       ``(B) Nothing in this section shall prevent the parties 
     from agreeing to terminate or modify relief before the relief 
     is terminated under subparagraph (A).
       ``(2) Immediate termination of prospective relief.--In any 
     civil action with respect to prison conditions, a defendant 
     or intervener shall be entitled to the immediate termination 
     of any prospective relief if the relief was approved or 
     granted in the absence of a finding by the court that the 
     relief is narrowly drawn, extends no further than necessary 
     to correct the violation of the Federal right, and is the 
     least intrusive means necessary to correct the violation of 
     the Federal right.
       ``(3) Limitation.--Prospective relief shall not terminate 
     if the court makes written findings based on the record that 
     prospective relief remains necessary to correct a current or 
     ongoing violation of the Federal right, extends no further 
     than necessary to correct the violation of the Federal right, 
     and that the prospective relief is narrowly drawn and the 
     least intrusive means to correct the violation.
       ``(4) Termination or modification of relief.--Nothing in 
     this section shall prevent any party or intervener from 
     seeking modification or termination before the relief is 
     terminable under paragraph (1) or (2), to the extent that 
     modification or termination would otherwise be legally 
     permissible.
       ``(c) Settlements.--
       ``(1) Consent decrees.--In any civil action with respect to 
     prison conditions, the court shall not enter or approve a 
     consent decree unless it complies with the limitations on 
     relief set forth in subsection (a).
       ``(2) Private settlement agreements.--(A) Nothing in this 
     section shall preclude parties from entering into a private 
     settlement agreement that does not comply with the 
     limitations on relief set forth in subsection (a), if the 
     terms of that agreement are not subject to court enforcement 
     other than the reinstatement of the civil proceeding that the 
     agreement settled.
       ``(B) Nothing in this section shall preclude any party 
     claiming that a private settlement agreement has been 
     breached from seeking in State court any remedy available 
     under State law.
       ``(d) State Law Remedies.--The limitations on remedies in 
     this section shall not apply to relief entered by a State 
     court based solely upon claims arising under State law.
       ``(e) Procedure for Motions Affecting Prospective Relief.--
       ``(1) Generally.--The court shall promptly rule on any 
     motion to modify or terminate prospective relief in a civil 
     action with respect to prison conditions.
       ``(2) Automatic stay.--Any prospective relief subject to a 
     pending motion shall be automatically stayed during the 
     period--
       ``(A)(i) beginning on the 30th day after such motion is 
     filed, in the case of a motion made under paragraph (1) or 
     (2) of subsection (b); or
       ``(ii) beginning on the 180th day after such motion is 
     filed, in the case of a motion made under any other law; and
       ``(B) ending on the date the court enters a final order 
     ruling on the motion.
       ``(f) Special Masters.--
       ``(1) In general.--(A) In any civil action in a Federal 
     court with respect to prison conditions, the court may 
     appoint a special master who shall be disinterested and 
     objective and who will give due regard to the public safety, 
     to conduct hearings on the record and prepare proposed 
     findings of fact.
       ``(B) The court shall appoint a special master under this 
     subsection during the remedial phase of the action only upon 
     a finding that the remedial phase will be sufficiently 
     complex to warrant the appointment.
       ``(2) Appointment.--(A) If the court determines that the 
     appointment of a special master is necessary, the court shall 
     request that the defendant institution and the plaintiff each 
     submit a list of not more than 5 persons to serve as a 
     special master.
       ``(B) Each party shall have the opportunity to remove up to 
     3 persons from the opposing party's list.
       ``(C) The court shall select the master from the persons 
     remaining on the list after the operation of subparagraph 
     (B).
       ``(3) Interlocutory appeal.--Any party shall have the right 
     to an interlocutory appeal of the judge's selection of the 
     special master under this subsection, on the ground of 
     partiality.
       ``(4) Compensation.--The compensation to be allowed to a 
     special master under this section shall be based on an hourly 
     rate not greater than the hourly rate established under 
     section 3006A for payment of court-appointed counsel, plus 
     costs reasonably incurred by the special master. Such 
     compensation and costs shall be paid with funds appropriated 
     to the Judiciary.
       ``(5) Regular review of appointment.--In any civil action 
     with respect to prison conditions in which a special master 
     is appointed under this subsection, the court shall review 
     the appointment of the special master every 6 months to 
     determine whether the services of the special master continue 
     to be required under paragraph (1). In no event shall the 
     appointment of a special master extend beyond the termination 
     of the relief.
       ``(6) Limitations on powers and duties.--A special master 
     appointed under this subsection--
       ``(A) may be authorized by a court to conduct hearings and 
     prepare proposed findings of fact, which shall be made on the 
     record;
       ``(B) shall not make any findings or communications ex 
     parte;
       ``(C) may be authorized by a court to assist in the 
     development of remedial plans; and
       ``(D) may be removed at any time, but shall be relieved of 
     the appointment upon the termination of relief.
       ``(g) Definitions.--As used in this section--
       ``(1) the term `consent decree' means any relief entered by 
     the court that is based in whole or in part upon the consent 
     or acquiescence of the parties but does not include private 
     settlements;
       ``(2) the term `civil action with respect to prison 
     conditions' means any civil proceeding arising under Federal 
     law with respect to the conditions of confinement or the 
     effects of actions by government officials on the lives of 
     persons confined in prison, but does not include habeas 
     corpus proceedings challenging the fact or duration of 
     confinement in prison;
       ``(3) the term `prisoner' means any person subject to 
     incarceration, detention, or admission to any facility who is 
     accused of, convicted of, sentenced for, or adjudicated 
     delinquent for, violations of criminal law or the terms and 
     conditions of parole, probation, pretrial release, or 
     diversionary program;
       ``(4) the term `prisoner release order' includes any order, 
     including a temporary restraining order or preliminary 
     injunctive relief, that has the purpose or effect of reducing 
     or limiting the prison population, or that directs the 
     release from or nonadmission of prisoners to a prison;
       ``(5) the term `prison' means any Federal, State, or local 
     facility that incarcerates or detains juveniles or adults 
     accused of, convicted of, sentenced for, or adjudicated 
     delinquent for, violations of criminal law;
       ``(6) the term `private settlement agreement' means an 
     agreement entered into among the parties that is not subject 
     to judicial enforcement other than the reinstatement of the 
     civil proceeding that the agreement settled;
       ``(7) the term `prospective relief' means all relief other 
     than compensatory monetary damages;
       ``(8) the term `special master' means any person appointed 
     by a Federal court pursuant to Rule 53 of the Federal Rules 
     of Civil Procedure or pursuant to any inherent power of the 
     court to exercise the powers of a master, regardless of the 
     title or description given by the court; and
       ``(9) the term `relief' means all relief in any form that 
     may be granted or approved by the

[[Page H1897]]

     court, and includes consent decrees but does not include 
     private settlement agreements.''.
       (b) Application of Amendment.--
       (1) In general.--Section 3626 of title 18, United States 
     Code, as amended by this section, shall apply with respect to 
     all prospective relief whether such relief was originally 
     granted or approved before, on, or after the date of the 
     enactment of this title.
       (2) Technical amendment.--Subsections (b) and (d) of 
     section 20409 of the Violent Crime Control and Law 
     Enforcement Act of 1994 are repealed.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of subchapter C of chapter 229 of title 18, United 
     States Code, is amended to read as follows:

``3626. Appropriate remedies with respect to prison conditions.''.

     SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF INSTITUTIONALIZED 
                   PERSONS ACT.

       (a) Initiation of Civil Actions.--Section 3(c) of the Civil 
     Rights of Institutionalized Persons Act (42 U.S.C. 1997a(c)) 
     (referred to in this section as the ``Act'') is amended to 
     read as follows:
       ``(c) The Attorney General shall personally sign any 
     complaint filed pursuant to this section.''.
       (b) Certification Requirements.--Section 4 of the Act (42 
     U.S.C. 1997b) is amended--
       (1) in subsection (a)--
       (A) by striking ``he'' each place it appears and inserting 
     ``the Attorney General''; and
       (B) by striking ``his'' and inserting ``the Attorney 
     General's''; and
       (2) by amending subsection (b) to read as follows:
       ``(b) The Attorney General shall personally sign any 
     certification made pursuant to this section.''.
       (c) Intervention in Actions.--Section 5 of the Act (42 
     U.S.C. 1997c) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``he'' each place it 
     appears and inserting ``the Attorney General''; and
       (B) by amending paragraph (2) to read as follows:
       ``(2) The Attorney General shall personally sign any 
     certification made pursuant to this section.''; and
       (2) by amending subsection (c) to read as follows:
       ``(c) The Attorney General shall personally sign any motion 
     to intervene made pursuant to this section.''.
       (d) Suits by Prisoners.--Section 7 of the Act (42 U.S.C. 
     1997e) is amended to read as follows:

     ``SEC. 7. SUITS BY PRISONERS.

       ``(a) Applicability of Administrative Remedies.--No action 
     shall be brought with respect to prison conditions under 
     section 1979 of the Revised Statutes of the United States (42 
     U.S.C. 1983), or any other Federal law, by a prisoner 
     confined in any jail, prison, or other correctional facility 
     until such administrative remedies as are available are 
     exhausted.
       ``(b) Failure of State To Adopt or Adhere to Administrative 
     Grievance Procedure.--The failure of a State to adopt or 
     adhere to an administrative grievance procedure shall not 
     constitute the basis for an action under section 3 or 5 of 
     this Act.
       ``(c) Dismissal.--(1) The court shall on its own motion or 
     on the motion of a party dismiss any action brought with 
     respect to prison conditions under section 1979 of the 
     Revised Statutes of the United States (42 U.S.C. 1983), or 
     any other Federal law, by a prisoner confined in any jail, 
     prison, or other correctional facility if the court is 
     satisfied that the action is frivolous, malicious, fails to 
     state a claim upon which relief can be granted, or seeks 
     monetary relief from a defendant who is immune from such 
     relief.
       ``(2) In the event that a claim is, on its face, frivolous, 
     malicious, fails to state a claim upon which relief can be 
     granted, or seeks monetary relief from a defendant who is 
     immune from such relief, the court may dismiss the underlying 
     claim without first requiring the exhaustion of 
     administrative remedies.
       ``(d) Attorney's Fees.--(1) In any action brought by a 
     prisoner who is confined to any jail, prison, or other 
     correctional facility, in which attorney's fees are 
     authorized under section 2 of the Revised Statutes of the 
     United States (42 U.S.C. 1988), such fees shall not be 
     awarded, except to the extent that--
       ``(A) the fee was directly and reasonably incurred in 
     proving an actual violation of the plaintiff's rights 
     protected by a statute pursuant to which a fee may be awarded 
     under section 2 of the Revised Statutes; and
       ``(B)(i) the amount of the fee is proportionately related 
     to the court ordered relief for the violation; or
       ``(ii) the fee was directly and reasonably incurred in 
     enforcing the relief ordered for the violation.
       ``(2) Whenever a monetary judgment is awarded in an action 
     described in paragraph (1), a portion of the judgment (not to 
     exceed 25 percent) shall be applied to satisfy the amount of 
     attorney's fees awarded against the defendant. If the award 
     of attorney's fees is not greater than 150 percent of the 
     judgment, the excess shall be paid by the defendant.
       ``(3) No award of attorney's fees in an action described in 
     paragraph (1) shall be based on an hourly rate greater than 
     150 percent of the hourly rate established under section 
     3006A of title 18, United States Code, for payment of court-
     appointed counsel.
       ``(4) Nothing in this subsection shall prohibit a prisoner 
     from entering into an agreement to pay an attorney's fee in 
     an amount greater than the amount authorized under this 
     subsection, if the fee is paid by the individual rather than 
     by the defendant pursuant to section 2 of the Revised 
     Statutes of the United States (42 U.S.C. 1988).
       ``(e) Limitation on Recovery.--No Federal civil action may 
     be brought by a prisoner confined in a jail, prison, or other 
     correctional facility, for mental or emotional injury 
     suffered while in custody without a prior showing of physical 
     injury.
       ``(f) Hearings.--(1) To the extent practicable, in any 
     action brought with respect to prison conditions in Federal 
     court pursuant to section 1979 of the Revised Statutes of the 
     United States (42 U.S.C. 1983), or any other Federal law, by 
     a prisoner confined in any jail, prison, or other 
     correctional facility, pretrial proceedings in which the 
     prisoner's participation is required or permitted shall be 
     conducted by telephone, video conference, or other 
     telecommunications technology without removing the prisoner 
     from the facility in which the prisoner is confined.
       ``(2) Subject to the agreement of the official of the 
     Federal, State, or local unit of government with custody over 
     the prisoner, hearings may be conducted at the facility in 
     which the prisoner is confined. To the extent practicable, 
     the court shall allow counsel to participate by telephone, 
     video conference, or other communications technology in any 
     hearing held at the facility.
       ``(g) Waiver of Reply.--(1) Any defendant may waive the 
     right to reply to any action brought by a prisoner confined 
     in any jail, prison, or other correctional facility under 
     section 1979 of the Revised Statutes of the United States (42 
     U.S.C. 1983) or any other Federal law. Notwithstanding any 
     other law or rule of procedure, such waiver shall not 
     constitute an admission of the allegations contained in the 
     complaint. No relief shall be granted to the plaintiff unless 
     a reply has been filed.
       ``(2) The court may require any defendant to reply to a 
     complaint brought under this section if it finds that the 
     plaintiff has a reasonable opportunity to prevail on the 
     merits.
       ``(h) Definition.--As used in this section, the term 
     `prisoner' means any person incarcerated or detained in any 
     facility who is accused of, convicted of, sentenced for, or 
     adjudicated delinquent for, violations of criminal law or the 
     terms and conditions of parole, probation, pretrial release, 
     or diversionary program.''.
       (e) Report to Congress.--Section 8 of the Act (42 U.S.C. 
     1997f) is amended by striking ``his report'' and inserting 
     ``the report''.
       (f) Notice to Federal Departments.--Section 10 of the Act 
     (42 U.S.C. 1997h) is amended--
       (1) by striking ``his action'' and inserting ``the 
     action''; and
       (2) by striking ``he is satisfied'' and inserting ``the 
     Attorney General is satisfied''.

     SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.

       (a) Filing Fees.--Section 1915 of title 28, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``(a) Any'' and inserting ``(a)(1) Subject 
     to subsection (b), any'';
       (B) by striking ``and costs'';
       (C) by striking ``makes affidavit'' and inserting ``submits 
     an affidavit that includes a statement of all assets such 
     prisoner possesses'';
       (D) by striking ``such costs'' and inserting ``such fees'';
       (E) by striking ``he'' each place it appears and inserting 
     ``the person'';
       (F) by adding immediately after paragraph
       (1), the following new paragraph:
       ``(2) A prisoner seeking to bring a civil action or appeal 
     a judgment in a civil action or proceeding without prepayment 
     of fees or security therefor, in addition to filing the 
     affidavit filed under paragraph (1), shall submit a certified 
     copy of the trust fund account statement (or institutional 
     equivalent) for the prisoner for the 6-month period 
     immediately preceding the filing of the complaint or notice 
     of appeal, obtained from the appropriate official of each 
     prison at which the prisoner is or was confined.''; and
       (G) by striking ``An appeal'' and inserting ``(3) An 
     appeal'';
       (2) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (c), (d), (e), and (f), respectively;
       (3) by inserting after subsection (a) the following new 
     subsection:
       ``(b)(1) Notwithstanding subsection (a), if a prisoner 
     brings a civil action or files an appeal in forma pauperis, 
     the prisoner shall be required to pay the full amount of a 
     filing fee. The court shall assess and, when funds exist, 
     collect, as a partial payment of any court fees required by 
     law, an initial partial filing fee of 20 percent of the 
     greater of--
       ``(A) the average monthly deposits to the prisoner's 
     account; or
       ``(B) the average monthly balance in the prisoner's account 
     for the 6-month period immediately preceding the filing of 
     the complaint or notice of appeal.
       ``(2) After payment of the initial partial filing fee, the 
     prisoner shall be required to make monthly payments of 20 
     percent of the preceding month's income credited to the 
     prisoner's account. The agency having custody of the prisoner 
     shall forward payments from the prisoner's account to the 
     clerk of the court each time the amount in the account 
     exceeds $10 until the filing fees are paid.
       ``(3) In no event shall the filing fee collected exceed the 
     amount of fees permitted by statute for the commencement of a 
     civil action or an appeal of a civil action or criminal 
     judgment.

[[Page H1898]]

       ``(4) In no event shall a prisoner be prohibited from 
     bringing a civil action or appealing a civil or criminal 
     judgment for the reason that the prisoner has no assets and 
     no means by which to pay the initial partial filing fee.'';
       (4) in subsection (c), as redesignated by paragraph (2), by 
     striking ``subsection (a) of this section'' and inserting 
     ``subsections (a) and (b) and the prepayment of any partial 
     filing fee as may be required under subsection (b)''; and
       (5) by amending subsection (e), as redesignated by 
     paragraph (2), to read as follows:
       ``(e)(1) The court may request an attorney to represent any 
     person unable to afford counsel.
       ``(2) Notwithstanding any filing fee, or any portion 
     thereof, that may have been paid, the court shall dismiss the 
     case at any time if the court determines that--
       ``(A) the allegation of poverty is untrue; or
       ``(B) the action or appeal--
       ``(i) is frivolous or malicious;
       ``(ii) fails to state a claim on which relief may be 
     granted; or
       ``(iii) seeks monetary relief against a defendant who is 
     immune from such relief.''.
       (b) Exception to Discharge of Debt in Bankruptcy 
     Proceeding.--Section 523(a) of title 11, United States Code, 
     is amended--
       (1) in paragraph (16), by striking the period at the end 
     and inserting ``; or''; and
       (2) by adding at the end the following new paragraph:
       ``(17) for a fee imposed by a court for the filing of a 
     case, motion, complaint, or appeal, or for other costs and 
     expenses assessed with respect to such filing, regardless of 
     an assertion of poverty by the debtor under section 1915 (b) 
     or (f) of title 28, or the debtor's status as a prisoner, as 
     defined in section 1915(h) of title 28.''.
       (c) Costs.--Section 1915(f) of title 28, United States Code 
     (as redesignated by subsection (a)(2)), is amended--
       (1) by striking ``(f) Judgment'' and inserting ``(f)(1) 
     Judgment'';
       (2) by striking ``cases'' and inserting ``proceedings''; 
     and
       (3) by adding at the end the following new paragraph:
       ``(2)(A) If the judgment against a prisoner includes the 
     payment of costs under this subsection, the prisoner shall be 
     required to pay the full amount of the costs ordered.
       ``(B) The prisoner shall be required to make payments for 
     costs under this subsection in the same manner as is provided 
     for filing fees under subsection (a)(2).
       ``(C) In no event shall the costs collected exceed the 
     amount of the costs ordered by the court.''.
       (d) Successive Claims.--Section 1915 of title 28, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(g) In no event shall a prisoner bring a civil action or 
     appeal a judgment in a civil action or proceeding under this 
     section if the prisoner has, on 3 or more prior occasions, 
     while incarcerated or detained in any facility, brought an 
     action or appeal in a court of the United States that was 
     dismissed on the grounds that it is frivolous, malicious, or 
     fails to state a claim upon which relief may be granted, 
     unless the prisoner is under imminent danger of serious 
     physical injury.''.
       (e) Definition.--Section 1915 of title 28, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(h) As used in this section, the term `prisoner' means 
     any person incarcerated or detained in any facility who is 
     accused of, convicted of, sentenced for, or adjudicated 
     delinquent for, violations of criminal law or the terms and 
     conditions of parole, probation, pretrial release, or 
     diversionary program.''.

     SEC. 805. JUDICIAL SCREENING.

       (a) In General.--Chapter 123 of title 28, United States 
     Code, is amended by inserting after section 1915 the 
     following new section:

     ``Sec. 1915A. Screening

       ``(a) Screening.--The court shall review, before docketing, 
     if feasible or, in any event, as soon as practicable after 
     docketing, a complaint in a civil action in which a prisoner 
     seeks redress from a governmental entity or officer or 
     employee of a governmental entity.
       ``(b) Grounds for Dismissal.--On review, the court shall 
     identify cognizable claims or dismiss the complaint, or any 
     portion of the complaint, if the complaint--
       ``(1) is frivolous, malicious, or fails to state a claim 
     upon which relief may be granted; or
       ``(2) seeks monetary relief from a defendant who is immune 
     from such relief.
       ``(c) Definition.--As used in this section, the term 
     `prisoner' means any person incarcerated or detained in any 
     facility who is accused of, convicted of, sentenced for, or 
     adjudicated delinquent for, violations of criminal law or the 
     terms and conditions of parole, probation, pretrial release, 
     or diversionary program.''.
       (b) Technical Amendment.--The analysis for chapter 123 of 
     title 28, United States Code, is amended by inserting after 
     the item relating to section 1915 the following new item:

``1915A. Screening.''.

     SEC. 806. FEDERAL TORT CLAIMS.

       Section 1346(b) of title 28, United States Code, is 
     amended--
       (1) by striking ``(b)'' and inserting ``(b)(1)''; and
       (2) by adding at the end the following:
       ``(2) No person convicted of a felony who is incarcerated 
     while awaiting sentencing or while serving a sentence may 
     bring a civil action against the United States or an agency, 
     officer, or employee of the Government, for mental or 
     emotional injury suffered while in custody without a prior 
     showing of physical injury.''.

     SEC. 807. PAYMENT OF DAMAGE AWARD IN SATISFACTION OF PENDING 
                   RESTITUTION ORDERS.

       Any compensatory damages awarded to a prisoner in 
     connection with a civil action brought against any Federal, 
     State, or local jail, prison, or correctional facility or 
     against any official or agent of such jail, prison, or 
     correctional facility, shall be paid directly to satisfy any 
     outstanding restitution orders pending against the prisoner. 
     The remainder of any such award after full payment of all 
     pending restitution orders shall be forwarded to the 
     prisoner.

     SEC. 808. NOTICE TO CRIME VICTIMS OF PENDING DAMAGE AWARD.

       Prior to payment of any compensatory damages awarded to a 
     prisoner in connection with a civil action brought against 
     any Federal, State, or local jail, prison, or correctional 
     facility or against any official or agent of such jail, 
     prison, or correctional facility, reasonable efforts shall be 
     made to notify the victims of the crime for which the 
     prisoner was convicted and incarcerated concerning the 
     pending payment of any such compensatory damages.

     SEC. 809. EARNED RELEASE CREDIT OR GOOD TIME CREDIT 
                   REVOCATION.

       (a) In General.--Chapter 123 of title 28, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1932. Revocation of earned release credit

       ``In any civil action brought by an adult convicted of a 
     crime and confined in a Federal correctional facility, the 
     court may order the revocation of such earned good time 
     credit under section 3624(b) of title 18, United States Code, 
     that has not yet vested, if, on its own motion or the motion 
     of any party, the court finds that--
       ``(1) the claim was filed for a malicious purpose;
       ``(2) the claim was filed solely to harass the party 
     against which it was filed; or
       ``(3) the claimant testifies falsely or otherwise knowingly 
     presents false evidence or information to the court.''.
       (b) Technical Amendment.--The analysis for chapter 123 of 
     title 28, United States Code, is amended by inserting after 
     the item relating to section 1931 the following:

``1932. Revocation of earned release credit.''.

       (c) Amendment of Section 3624 of Title 18.--Section 3624(b) 
     of title 18, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by striking the first sentence;
       (B) in the second sentence--
       (i) by striking ``A prisoner'' and inserting ``Subject to 
     paragraph (2), a prisoner'';
       (ii) by striking ``for a crime of violence,''; and
       (iii) by striking ``such'';
       (C) in the third sentence, by striking ``If the Bureau'' 
     and inserting ``Subject to paragraph (2), if the Bureau'';
       (D) by striking the fourth sentence and inserting the 
     following: ``In awarding credit under this section, the 
     Bureau shall consider whether the prisoner, during the 
     relevant period, has earned, or is making satisfactory 
     progress toward earning, a high school diploma or an 
     equivalent degree.''; and
       (E) in the sixth sentence, by striking ``Credit for the 
     last'' and inserting ``Subject to paragraph (2), credit for 
     the last''; and
       (2) by amending paragraph (2) to read as follows:
       ``(2) Notwithstanding any other law, credit awarded under 
     this subsection after the date of enactment of the Prison 
     Litigation Reform Act shall vest on the date the prisoner is 
     released from custody.''.

     SEC. 810. SEVERABILITY.

       If any provision of this title, an amendment made by this 
     title, or the application of such provision or amendment to 
     any person or circumstance is held to be unconstitutional, 
     the remainder of this title, the amendments made by this 
     title, and the application of the provisions of such to any 
     person or circumstance shall not be affected thereby.
       This Act may be cited as the ``Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1996.''.
       (b) Such amounts as may be necessary for programs, projects 
     or activities provided for in the Department of the Interior 
     and Related Agencies Appropriations Act, 1996, at a rate of 
     operations and to the extent and in the manner provided for, 
     the provisions of such Act to be effective as if it had been 
     enacted into law as the regular appropriations Act, as 
     follows:

                                 AN ACT

       Making appropriations for the Department of the Interior 
     and related agencies for the fiscal year ending September 30, 
     1996, and for other purposes.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   management of lands and resources

       For expenses necessary for protection, use, improvement, 
     development, disposal, cadastral surveying, classification, 
     acquisition of easements and other interests in lands, and 
     performance of other functions, including maintenance of 
     facilities, as authorized by law, in the management of lands 
     and their

[[Page H1899]]

     resources under the jurisdiction of the Bureau of Land 
     Management, including the general administration of the 
     Bureau, and assessment of mineral potential of public lands 
     pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), 
     $567,152,000, to remain available until expended, of which 
     $2,000,000 shall be available for assessment of the mineral 
     potential of public lands in Alaska pursuant to section 1010 
     of Public Law 96-487 (16 U.S.C. 3150), and of which not more 
     than $599,999 shall be available to the Needles Resources 
     Area for the management of the East Mojave National Scenic 
     Area, as defined by the Bureau of Land Management prior to 
     October 1, 1994, in the California Desert District of the 
     Bureau of Land Management, and of which $4,000,000 shall be 
     derived from the special receipt account established by 
     section 4 of the Land and Water Conservation Fund Act of 
     1965, as amended (16 U.S.C. 460l-6a(i)): Provided, That 
     appropriations herein made shall not be available for the 
     destruction of healthy, unadopted, wild horses and burros in 
     the care of the Bureau or its contractors; and in addition, 
     $27,650,000 for Mining Law Administration program operations, 
     to remain available until expended, to be reduced by amounts 
     collected by the Bureau of Land Management and credited to 
     this appropriation from annual mining claim fees so as to 
     result in a final appropriation estimated at not more than 
     $567,152,000: Provided further, That in addition to funds 
     otherwise available, and to remain available until expended, 
     not to exceed $5,000,000 from annual mining claim fees shall 
     be credited to this account for the costs of administering 
     the mining claim fee program, and $2,000,000 from 
     communication site rental fees established by the Bureau.


                        wildland fire management

       For necessary expenses for fire use and management, fire 
     preparedness, emergency presuppression, suppression 
     operations, emergency rehabilitation, and renovation or 
     construction of fire facilities in the Department of the 
     Interior, $235,924,000, to remain available until expended, 
     of which not to exceed $5,025,000, shall be available for the 
     renovation or construction of fire facilities: Provided, That 
     notwithstanding any other provision of law, persons hired 
     pursuant to 43 U.S.C. 1469 may be furnished subsistence and 
     lodging without cost from funds available from this 
     appropriation: Provided further, That such funds are also 
     available for repayment of advances to other appropriation 
     accounts from which funds were previously transferred for 
     such purposes: Provided further, That unobligated balances of 
     amounts previously appropriated to the Fire Protection and 
     Emergency Department of the Interior Firefighting Fund may be 
     transferred or merged with this appropriation.


                    central hazardous materials fund

       For expenses necessary for use by the Department of the 
     Interior and any of its component offices and bureaus for the 
     remedial action, including associated activities, of 
     hazardous waste substances, pollutants, or contaminants 
     pursuant to the Comprehensive Environmental Response, 
     Compensation and Liability Act, as amended (42 U.S.C. 9601 et 
     seq.), $10,000,000, to remain available until expended: 
     Provided, That, notwithstanding 31 U.S.C. 3302, sums 
     recovered from or paid by a party in advance of or as 
     reimbursement for remedial action or response activities 
     conducted by the Department pursuant to sections 107 or 
     113(f) of the Comprehensive Environmental Response, 
     Compensation and Liability Act, as amended (42 U.S.C. 9607 or 
     9613(f)), shall be credited to this account and shall be 
     available without further appropriation and shall remain 
     available until expended: Provided further, That such sums 
     recovered from or paid by any party are not limited to 
     monetary payments and may include stocks, bonds or other 
     personal or real property, which may be retained, liquidated, 
     or otherwise disposed of by the Secretary of the Interior and 
     which shall be credited to this account.


                        construction and access

       For acquisition of lands and interests therein, and 
     construction of buildings, recreation facilities, roads, 
     trails, and appurtenant facilities, $3,115,000, to remain 
     available until expended.


                       payments in lieu of taxes

       For expenses necessary to implement the Act of October 20, 
     1976, as amended (31 U.S.C. 6901-07), $101,500,000, of which 
     not to exceed $400,000 shall be available for administrative 
     expenses.


                            land acquisition

       For expenses necessary to carry out the provisions of 
     sections 205, 206, and 318(d) of Public Law 94-579 including 
     administrative expenses and acquisition of lands or waters, 
     or interests therein, $12,800,000 to be derived from the Land 
     and Water Conservation Fund, to remain available until 
     expended.


                   oregon and california grant lands

       For expenses necessary for management, protection, and 
     development of resources and for construction, operation, and 
     maintenance of access roads, reforestation, and other 
     improvements on the revested Oregon and California Railroad 
     grant lands, on other Federal lands in the Oregon and 
     California land-grant counties of Oregon, and on adjacent 
     rights-of-way; and acquisition of lands or interests therein 
     including existing connecting roads on or adjacent to such 
     grant lands; $93,379,000, to remain available until expended: 
     Provided, That 25 per centum of the aggregate of all receipts 
     during the current fiscal year from the revested Oregon and 
     California Railroad grant lands is hereby made a charge 
     against the Oregon and California land-grant fund and shall 
     be transferred to the General Fund in the Treasury in 
     accordance with the provisions of the second paragraph of 
     subsection (b) of title II of the Act of August 28, 1937 (50 
     Stat. 876).


                           range improvements

       For rehabilitation, protection, and acquisition of lands 
     and interests therein, and improvement of Federal rangelands 
     pursuant to section 401 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701), notwithstanding any 
     other Act, sums equal to 50 per centum of all moneys received 
     during the prior fiscal year under sections 3 and 15 of the 
     Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount 
     designated for range improvements from grazing fees and 
     mineral leasing receipts from Bankhead-Jones lands 
     transferred to the Department of the Interior pursuant to 
     law, but not less than $9,113,000, to remain available until 
     expended: Provided, That not to exceed $600,000 shall be 
     available for administrative expenses.


               service charges, deposits, and forfeitures

       For administrative expenses and other costs related to 
     processing application documents and other authorizations for 
     use and disposal of public lands and resources, for costs of 
     providing copies of official public land documents, for 
     monitoring construction, operation, and termination of 
     facilities in conjunction with use authorizations, and for 
     rehabilitation of damaged property, such amounts as may be 
     collected under sections 209(b), 304(a), 304(b), 305(a), and 
     504(g) of the Act approved October 21, 1976 (43 U.S.C. 1701), 
     and sections 101 and 203 of Public Law 93-153, to be 
     immediately available until expended: Provided, That 
     notwithstanding any provision to the contrary of section 
     305(a) of the Act of October 21, 1976 (43 U.S.C. 1735(a)), 
     any moneys that have been or will be received pursuant to 
     that section, whether as a result of forfeiture, compromise, 
     or settlement, if not appropriate for refund pursuant to 
     section 305(c) of that Act (43 U.S.C. 1735(c)), shall be 
     available and may be expended under the authority of this or 
     subsequent appropriations Acts by the Secretary to improve, 
     protect, or rehabilitate any public lands administered 
     through the Bureau of Land Management which have been damaged 
     by the action of a resource developer, purchaser, permittee, 
     or any unauthorized person, without regard to whether all 
     moneys collected from each such forfeiture, compromise, or 
     settlement are used on the exact lands damage to which led to 
     the forfeiture, compromise, or settlement: Provided further, 
     That such moneys are in excess of amounts needed to repair 
     damage to the exact land for which collected.


                       miscellaneous trust funds

       In addition to amounts authorized to be expended under 
     existing law, there is hereby appropriated such amounts as 
     may be contributed under section 307 of the Act of October 
     21, 1976 (43 U.S.C. 1701), and such amounts as may be 
     advanced for administrative costs, surveys, appraisals, and 
     costs of making conveyances of omitted lands under section 
     211(b) of that Act, to remain available until expended.


                       administrative provisions

       Appropriations for the Bureau of Land Management shall be 
     available for purchase, erection, and dismantlement of 
     temporary structures, and alteration and maintenance of 
     necessary buildings and appurtenant facilities to which the 
     United States has title; up to $100,000 for payments, at the 
     discretion of the Secretary, for information or evidence 
     concerning violations of laws administered by the Bureau of 
     Land Management; miscellaneous and emergency expenses of 
     enforcement activities authorized or approved by the 
     Secretary and to be accounted for solely on his certificate, 
     not to exceed $10,000: Provided, That notwithstanding 44 
     U.S.C. 501, the Bureau may, under cooperative cost-sharing 
     and partnership arrangements authorized by law, procure 
     printing services from cooperators in connection with 
     jointly-produced publications for which the cooperators share 
     the cost of printing either in cash or in services, and the 
     Bureau determines the cooperator is capable of meeting 
     accepted quality standards.

                United States Fish and Wildlife Service


                          resource management

       For expenses necessary for scientific and economic studies, 
     conservation, management, investigations, protection, and 
     utilization of fishery and wildlife resources, except whales, 
     seals, and sea lions, and for the performance of other 
     authorized functions related to such resources; for the 
     general administration of the United States Fish and Wildlife 
     Service; and for maintenance of the herd of long-horned 
     cattle on the Wichita Mountains Wildlife Refuge; and not less 
     than $1,000,000 for high priority projects within the scope 
     of the approved budget which shall be carried out by the 
     Youth Conservation Corps as authorized by the Act of August 
     13, 1970, as amended by Public Law 93-408, $497,670,000, to 
     remain available for obligation until September 30, 1997, of 
     which $11,557,000 shall be available until expended for 
     operation and maintenance of fishery mitigation facilities 
     constructed by the Corps of Engineers under the Lower Snake 
     River Compensation Plan, authorized by the Water Resources 
     Development Act of 1976 (90 Stat. 2921), to compensate for 
     loss of fishery

[[Page H1900]]

     resources from water development projects on the Lower Snake 
     River: Provided, That unobligated and unexpended balances in 
     the Resource Management account at the end of fiscal year 
     1995, shall be merged with and made a part of the fiscal year 
     1996 Resource Management appropriation, and shall remain 
     available for obligation until September 30, 1997: Provided 
     further, That no monies appropriated under this Act or any 
     other law shall be used to implement subsections (a), (b), 
     (c), (e), (g), or (i) of section 4 of the Endangered Species 
     Act of 1973 (16 U.S.C. 1533), until such time as legislation 
     reauthorizing the Act is enacted or until the end of fiscal 
     year 1996, whichever is earlier, except that monies 
     appropriated under this Act may be used to delist or 
     reclassify species pursuant to subsections 4(a)(2)(B), 
     4(c)(2)(B)(i), and 4(c)(2)(B)(ii) of the Act.


                              construction

       For construction and acquisition of buildings and other 
     facilities required in the conservation, management, 
     investigation, protection, and utilization of fishery and 
     wildlife resources, and the acquisition of lands and 
     interests therein; $37,655,000, to remain available until 
     expended.


                natural resource damage assessment fund

       To conduct natural resource damage assessment activities by 
     the Department of the Interior necessary to carry out the 
     provisions of the Comprehensive Environmental Response, 
     Compensation, and Liability Act, as amended (42 U.S.C. 9601, 
     et seq.), Federal Water Pollution Control Act, as amended (33 
     U.S.C. 1251, et seq.), the Oil Pollution Act of 1990 (Public 
     Law 101-380), and the Act of July 27, 1990 (Public Law 101-
     337); $4,000,000, to remain available until expended: 
     Provided, That sums provided by any party in fiscal year 1996 
     and thereafter are not limited to monetary payments and may 
     include stocks, bonds or other personal or real property, 
     which may be retained, liquidated or otherwise disposed of by 
     the Secretary and such sums or properties shall be utilized 
     for the restoration of injured resources, and to conduct new 
     damage assessment activities.


                            land acquisition

       For expenses necessary to carry out the provisions of the 
     Land and Water Conservation Fund Act of 1965, as amended (16 
     U.S.C. 460l-4-11), including administrative expenses, and for 
     acquisition of land or waters, or interest therein, in 
     accordance with statutory authority applicable to the United 
     States Fish and Wildlife Service, $45,400,000, to be derived 
     from the Land and Water Conservation Fund, to remain 
     available until expended.


            cooperative endangered species conservation fund

       For expenses necessary to carry out the provisions of the 
     Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as 
     amended by Public Law 100-478, $8,085,000 for grants to 
     States, to be derived from the Cooperative Endangered Species 
     Conservation Fund, and to remain available until expended.


                     national wildlife refuge fund

       For expenses necessary to implement the Act of October 17, 
     1978 (16 U.S.C. 715s), $10,779,000.

                         rewards and operations

       For expenses necessary to carry out the provisions of the 
     African Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-
     4213, 4221-4225, 4241-4245, and 1538), $600,000, to remain 
     available until expended.


               north american wetlands conservation fund

       For expenses necessary to carry out the provisions of the 
     North American Wetlands Conservation Act, Public Law 101-233, 
     $6,750,000, to remain available until expended.

        lahontan valley and pyramid lake fish and wildlife fund

       For carrying out section 206(f) of Public Law 101-618, such 
     sums as have previously been credited or may be credited 
     hereafter to the Lahontan Valley and Pyramid Lake Fish and 
     Wildlife Fund, to be available until expended without further 
     appropriation.

                 rhinoceros and tiger conservation fund

       For deposit to the Rhinoceros and Tiger Conservation Fund, 
     $200,000, to remain available until expended, to be available 
     to carry out the provisions of the Rhinoceros and Tiger 
     Conservation Act of 1994 (Public Law 103-391).

              wildlife conservation and appreciation fund

       For deposit to the Wildlife Conservation and Appreciation 
     Fund, $800,000, to remain available until expended.


                       administrative provisions

       Appropriations and funds available to the United States 
     Fish and Wildlife Service shall be available for purchase of 
     not to exceed 113 passenger motor vehicles; not to exceed 
     $400,000 for payment, at the discretion of the Secretary, for 
     information, rewards, or evidence concerning violations of 
     laws administered by the United States Fish and Wildlife 
     Service, and miscellaneous and emergency expenses of 
     enforcement activities, authorized or approved by the 
     Secretary and to be accounted for solely on his certificate; 
     repair of damage to public roads within and adjacent to 
     reservation areas caused by operations of the United States 
     Fish and Wildlife Service; options for the purchase of land 
     at not to exceed $1 for each option; facilities incident to 
     such public recreational uses on conservation areas as are 
     consistent with their primary purpose; and the maintenance 
     and improvement of aquaria, buildings, and other facilities 
     under the jurisdiction of the United States Fish and Wildlife 
     Service and to which the United States has title, and which 
     are utilized pursuant to law in connection with management 
     and investigation of fish and wildlife resources: Provided, 
     That notwithstanding 44 U.S.C. 501, the Service may, under 
     cooperative cost sharing and partnership arrangements 
     authorized by law, procure printing services from cooperators 
     in connection with jointly-produced publications for which 
     the cooperators share at least one-half the cost of printing 
     either in cash or services and the Service determines the 
     cooperator is capable of meeting accepted quality standards: 
     Provided further, That the United States Fish and Wildlife 
     Service may accept donated aircraft as replacements for 
     existing aircraft: Provided further, That notwithstanding any 
     other provision of law, the Secretary of the Interior may not 
     spend any of the funds appropriated in this Act for the 
     purchase of lands or interests in lands to be used in the 
     establishment of any new unit of the National Wildlife Refuge 
     System unless the purchase is approved in advance by the 
     House and Senate Committees on Appropriations in compliance 
     with the reprogramming procedures contained in House Report 
     103-551: Provided further, That none of the funds made 
     available in this Act may be used by the U. S. Fish and 
     Wildlife Service to impede or delay the issuance of a 
     wetlands permit by the U. S. Army Corps of Engineers to the 
     City of Lake Jackson, Texas, for the development of a public 
     golf course west of Buffalo Camp Bayou between the Brazos 
     River and Highway 332: Provided further, That the Director of 
     the Fish and Wildlife Service may charge reasonable fees for 
     expenses to the Federal Government for providing training by 
     the National Education and Training Center: Provided further, 
     That all training fees collected shall be available to the 
     Director, until expended, without further appropriation, to 
     be used for the costs of training and education provided by 
     the National Education and Training Center: Provided further, 
     That with respect to lands leased for farming pursuant to 
     Public Law 88-567, if for any reason the Secretary 
     disapproves for use in 1996 or does not finally approve for 
     use in 1996 any pesticide or chemical which was approved for 
     use in 1995 or had been requested for use in 1996 by the 
     submission of a pesticide use proposal as of September 19, 
     1995, none of the funds in this Act may be used to develop, 
     implement, or enforce regulations or policies (including 
     pesticide use proposals) related to the use of chemicals and 
     pest management that are more restrictive than the 
     requirements of applicable State and Federal laws related to 
     the use of chemicals and pest management practices on non-
     Federal lands.

                         National Park Service


                 operation of the national park system

       For expenses necessary for the management, operation, and 
     maintenance of areas and facilities administered by the 
     National Park Service (including special road maintenance 
     service to trucking permittees on a reimbursable basis), and 
     for the general administration of the National Park Service, 
     including not to exceed $1,593,000 for the Volunteers-in-
     Parks program, and not less than $1,000,000 for high priority 
     projects within the scope of the approved budget which shall 
     be carried out by the Youth Conservation Corps as authorized 
     by the Act of August 13, 1970, as amended by Public Law 93-
     408, $1,086,014,000, without regard to the Act of August 24, 
     1912, as amended (16 U.S.C. 451), of which not to exceed 
     $72,000,000, to remain available until expended is to be 
     derived from the special fee account established pursuant to 
     title V, section 5201, of Public Law 100-203, and of which 
     not more than $500,000 shall be available for development of 
     the National Park Service's management plan for the Mojave 
     National Preserve: Provided, That these funds shall be 
     strictly limited to the development activities for the 
     Preserve's management plan.


                  national recreation and preservation

       For expenses necessary to carry out recreation programs, 
     natural programs, cultural programs, environmental compliance 
     and review, international park affairs, statutory or 
     contractual aid for other activities, and grant 
     administration, not otherwise provided for, $37,649,000: 
     Provided, That $236,000 of the funds provided herein are for 
     the William O. Douglas Outdoor Education Center, subject to 
     authorization.


                       historic preservation fund

       For expenses necessary in carrying out the provisions of 
     the Historic Preservation Act of 1966 (80 Stat. 915), as 
     amended (16 U.S.C. 470), $36,212,000, to be derived from the 
     Historic Preservation Fund, established by section 108 of 
     that Act, as amended, to remain available for obligation 
     until September 30, 1997.


                              construction

       For construction, improvements, repair or replacement of 
     physical facilities, $143,225,000, to remain available until 
     expended: Provided, That not to exceed $4,500,000 of the 
     funds provided herein shall be paid to the Army Corps of 
     Engineers for modifications authorized by section 104 of the 
     Everglades National Park Protection and Expansion Act of 
     1989: Provided further, That funds provided under this head, 
     derived from the Historic Preservation Fund, established

[[Page H1901]]

     by the Historic Preservation Act of 1966 (80 Stat. 915), as 
     amended (16 U.S.C. 470), may be available until expended to 
     render sites safe for visitors and for building 
     stabilization.


                    land and water conservation fund

                              (rescission)

       The contract authority provided for fiscal year 1996 by 16 
     U.S.C. 460l-10a is rescinded.


                 land acquisition and state assistance

       For expenses necessary to carry out the provisions of the 
     Land and Water Conservation Fund Act of 1965, as amended (16 
     U.S.C. 460l-4-11), including administrative expenses, and for 
     acquisition of lands or waters, or interest therein, in 
     accordance with statutory authority applicable to the 
     National Park Service, $57,600,000, to be derived from the 
     Land and Water Conservation Fund, to remain available until 
     expended, and of which $1,500,000 is to administer the State 
     assistance program: Provided, That any funds made available 
     for the purpose of acquisition of the Elwha and Glines dams 
     shall be used solely for acquisition, and shall not be 
     expended until the full purchase amount has been appropriated 
     by the Congress.


                       administrative provisions

       Appropriations for the National Park Service shall be 
     available for the purchase of not to exceed 518 passenger 
     motor vehicles, of which 323 shall be for replacement only, 
     including not to exceed 411 for police-type use, 12 buses, 
     and 5 ambulances: Provided, That none of the funds 
     appropriated to the National Park Service may be used to 
     process any grant or contract documents which do not include 
     the text of 18 U.S.C. 1913: Provided further, That none of 
     the funds appropriated to the National Park Service may be 
     used to implement an agreement for the redevelopment of the 
     southern end of Ellis Island until such agreement has been 
     submitted to the Congress and shall not be implemented prior 
     to the expiration of 30 calendar days (not including any day 
     in which either House of Congress is not in session because 
     of adjournment of more than three calendar days to a day 
     certain) from the receipt by the Speaker of the House of 
     Representatives and the President of the Senate of a full and 
     comprehensive report on the development of the southern end 
     of Ellis Island, including the facts and circumstances relied 
     upon in support of the proposed project.
       None of the funds in this Act may be spent by the National 
     Park Service for activities taken in direct response to the 
     United Nations Biodiversity Convention.
       The National Park Service may enter into cooperative 
     agreements that involve the transfer of National Park Service 
     appropriated funds to State, local and tribal governments, 
     other public entities, educational institutions, and private 
     nonprofit organizations for the public purpose of carrying 
     out National Park Service programs.
       The National Park Service shall, within existing funds, 
     conduct a Feasibility Study for a northern access route into 
     Denali National Park and Preserve in Alaska, to be completed 
     within one year of the enactment of this Act and submitted to 
     the House and Senate Committees on Appropriations and to the 
     Senate Committee on Energy and Natural Resources and the 
     House Committee on Resources. The Feasibility Study shall 
     ensure that resource impacts from any plan to create such 
     access route are evaluated with accurate information and 
     according to a process that takes into consideration park 
     values, visitor needs, a full range of alternatives, the 
     viewpoints of all interested parties, including the tourism 
     industry and the State of Alaska, and potential needs for 
     compliance with the National Environmental Policy Act. The 
     Study shall also address the time required for development of 
     alternatives and identify all associated costs.
       This Feasibility Study shall be conducted solely by the 
     National Park Service planning personnel permanently assigned 
     to National Park Service offices located in the State of 
     Alaska in consultation with the State of Alaska Department of 
     Transportation.

                    United States Geological Survey


                 surveys, investigations, and research

       For expenses necessary for the United States Geological 
     Survey to perform surveys, investigations, and research 
     covering topography, geology, hydrology, and the mineral and 
     water resources of the United States, its Territories and 
     possessions, and other areas as authorized by law (43 U.S.C. 
     31, 1332 and 1340); classify lands as to their mineral and 
     water resources; give engineering supervision to power 
     permittees and Federal Energy Regulatory Commission 
     licensees; administer the minerals exploration program (30 
     U.S.C. 641); and publish and disseminate data relative to the 
     foregoing activities; and to conduct inquiries into the 
     economic conditions affecting mining and materials processing 
     industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and 
     related purposes as authorized by law and to publish and 
     disseminate data; $729,995,000, of which $62,130,000 shall be 
     available for cooperation with States or municipalities for 
     water resources investigations, and of which $137,000,000 for 
     resource research and the operations of Cooperative Research 
     Units shall remain available until September 30, 1997, and of 
     which $16,000,000 shall remain available until expended for 
     conducting inquiries into the economic conditions affecting 
     mining and materials processing industries: Provided, That no 
     part of this appropriation shall be used to pay more than 
     one-half the cost of any topographic mapping or water 
     resources investigations carried on in cooperation with any 
     State or municipality: Provided further, That funds available 
     herein for resource research may be used for the purchase of 
     not to exceed 61 passenger motor vehicles, of which 55 are 
     for replacement only: Provided further, That none of the 
     funds available under this head for resource research shall 
     be used to conduct new surveys on private property, including 
     new aerial surveys for the designation of habitat under the 
     Endangered Species Act, except when it is made known to the 
     Federal official having authority to obligate or expend such 
     funds that the survey or research has been requested and 
     authorized in writing by the property owner or the owner's 
     authorized representative: Provided further, That none of the 
     funds provided herein for resource research may be used to 
     administer a volunteer program when it is made known to the 
     Federal official having authority to obligate or expend such 
     funds that the volunteers are not properly trained or that 
     information gathered by the volunteers is not carefully 
     verified: Provided further, That no later than April 1, 1996, 
     the Director of the United States Geological Survey shall 
     issue agency guidelines for resource research that ensure 
     that scientific and technical peer review is utilized as 
     fully as possible in selection of projects for funding and 
     ensure the validity and reliability of research and data 
     collection on Federal lands: Provided further, That no funds 
     available for resource research may be used for any activity 
     that was not authorized prior to the establishment of the 
     National Biological Survey: Provided further, That once every 
     five years the National Academy of Sciences shall review and 
     report on the resource research activities of the Survey: 
     Provided further, That if specific authorizing legislation is 
     enacted during or before the start of fiscal year 1996, the 
     resource research component of the Survey should comply with 
     the provisions of that legislation: Provided further, That 
     unobligated and unexpended balances in the National 
     Biological Survey, Research, inventories and surveys account 
     at the end of fiscal year 1995, shall be merged with and made 
     a part of the United States Geological Survey, Surveys, 
     investigations, and research account and shall remain 
     available for obligation until September 30, 1996: Provided 
     further, That the authority granted to the United States 
     Bureau of Mines to conduct mineral surveys and to determine 
     mineral values by section 603 of Public Law 94-579 is hereby 
     transferred to, and vested in, the Director of the United 
     States Geological Survey.


                       administrative provisions

       The amount appropriated for the United States Geological 
     Survey shall be available for purchase of not to exceed 22 
     passenger motor vehicles, for replacement only; reimbursement 
     to the General Services Administration for security guard 
     services; contracting for the furnishing of topographic maps 
     and for the making of geophysical or other specialized 
     surveys when it is administratively determined that such 
     procedures are in the public interest; construction and 
     maintenance of necessary buildings and appurtenant 
     facilities; acquisition of lands for gauging stations and 
     observation wells; expenses of the United States National 
     Committee on Geology; and payment of compensation and 
     expenses of persons on the rolls of the United States 
     Geological Survey appointed, as authorized by law, to 
     represent the United States in the negotiation and 
     administration of interstate compacts: Provided, That 
     activities funded by appropriations herein made may be 
     accomplished through the use of contracts, grants, or 
     cooperative agreements as defined in 31 U.S.C. 6302, et seq.

                      Minerals Management Service


                royalty and offshore minerals management

       For expenses necessary for minerals leasing and 
     environmental studies, regulation of industry operations, and 
     collection of royalties, as authorized by law; for enforcing 
     laws and regulations applicable to oil, gas, and other 
     minerals leases, permits, licenses and operating contracts; 
     and for matching grants or cooperative agreements; including 
     the purchase of not to exceed eight passenger motor vehicles 
     for replacement only; $182,339,000, of which not less than 
     $70,105,000 shall be available for royalty management 
     activities; and an amount not to exceed $15,400,000 for the 
     Technical Information Management System and Related 
     Activities of the Outer Continental Shelf (OCS) Lands 
     Activity, to be credited to this appropriation and to remain 
     available until expended, from additions to receipts 
     resulting from increases to rates in effect on August 5, 
     1993, from rate increases to fee collections for OCS 
     administrative activities performed by the Minerals 
     Management Service over and above the rates in effect on 
     September 30, 1993, and from additional fees for OCS 
     administrative activities established after September 30, 
     1993: Provided, That beginning in fiscal year 1996 and 
     thereafter, fees for royalty rate relief applications shall 
     be established (and revised as needed) in Notices to Lessees, 
     and shall be credited to this account in the program areas 
     performing the function, and remain available until expended 
     for the costs of administering the royalty rate relief 
     authorized by 43 U.S.C. 1337(a)(3): Provided further, That 
     $1,500,000 for computer acquisitions shall remain available 
     until September 30, 1997: Provided further, That funds 
     appropriated under this Act shall be available for

[[Page H1902]]

     the payment of interest in accordance with 30 U.S.C. 1721 (b) 
     and (d): Provided further, That not to exceed $3,000 shall be 
     available for reasonable expenses related to promoting 
     volunteer beach and marine cleanup activities: Provided 
     further, That notwithstanding any other provision of law, 
     $15,000 under this head shall be available for refunds of 
     overpayments in connection with certain Indian leases in 
     which the Director of the Minerals Management Service 
     concurred with the claimed refund due, to pay amounts owed to 
     Indian allottees or Tribes, or to correct prior unrecoverable 
     erroneous payments: Provided further, That beginning in 
     fiscal year 1996 and thereafter, the Secretary shall take 
     appropriate action to collect unpaid and underpaid royalties 
     and late payment interest owed by Federal and Indian mineral 
     lessees and other royalty payors on amounts received in 
     settlement or other resolution of disputes under, and for 
     partial or complete termination of, sales agreements for 
     minerals from Federal and Indian leases.


                           oil spill research

       For necessary expenses to carry out the purposes of title 
     I, section 1016, title IV, sections 4202 and 4303, title VII, 
     and title VIII, section 8201 of the Oil Pollution Act of 
     1990, $6,440,000, which shall be derived from the Oil Spill 
     Liability Trust Fund, to remain available until expended.

                            Bureau of Mines


                           mines and minerals

       For expenses necessary for, and incidental to, the closure 
     of the United States Bureau of Mines, $64,000,000, to remain 
     available until expended, of which not to exceed $5,000,000 
     may be used for the completion and/or transfer of certain 
     ongoing projects within the United States Bureau of Mines, 
     such projects to be identified by the Secretary of the 
     Interior within 90 days of enactment of this Act: Provided, 
     That there hereby are transferred to, and vested in, the 
     Secretary of Energy: (1) the functions pertaining to the 
     promotion of health and safety in mines and the mineral 
     industry through research vested by law in the Secretary of 
     the Interior or the United States Bureau of Mines and 
     performed in fiscal year 1995 by the United States Bureau of 
     Mines at its Pittsburgh Research Center in Pennsylvania, and 
     at its Spokane Research Center in Washington; (2) the 
     functions pertaining to the conduct of inquiries, 
     technological investigations and research concerning the 
     extraction, processing, use and disposal of mineral 
     substances vested by law in the Secretary of the Interior or 
     the United States Bureau of Mines and performed in fiscal 
     year 1995 by the United States Bureau of Mines under the 
     minerals and materials science programs at its Pittsburgh 
     Research Center in Pennsylvania, and at its Albany Research 
     Center in Oregon; and (3) the functions pertaining to mineral 
     reclamation industries and the development of methods for the 
     disposal, control, prevention, and reclamation of mineral 
     waste products vested by law in the Secretary of the Interior 
     or the United States Bureau of Mines and performed in fiscal 
     year 1995 by the United States Bureau of Mines at its 
     Pittsburgh Research Center in Pennsylvania: Provided further, 
     That, if any of the same functions were performed in fiscal 
     year 1995 at locations other than those listed above, such 
     functions shall not be transferred to the Secretary of Energy 
     from those other locations: Provided further, That the 
     Director of the Office of Management and Budget, in 
     consultation with the Secretary of Energy and the Secretary 
     of the Interior, is authorized to make such determinations as 
     may be necessary with regard to the transfer of functions 
     which relate to or are used by the Department of the 
     Interior, or component thereof affected by this transfer of 
     functions, and to make such dispositions of personnel, 
     facilities, assets, liabilities, contracts, property, 
     records, and unexpended balances of appropriations, 
     authorizations, allocations, and other funds held, used, 
     arising from, available to or to be made available in 
     connection with, the functions transferred herein as are 
     deemed necessary to accomplish the purposes of this transfer: 
     Provided further, That all reductions in personnel 
     complements resulting from the provisions of this Act shall, 
     as to the functions transferred to the Secretary of Energy, 
     be done by the Secretary of the Interior as though these 
     transfers had not taken place but had been required of the 
     Department of the Interior by all other provisions of this 
     Act before the transfers of function became effective: 
     Provided further, That the transfers of function to the 
     Secretary of Energy shall become effective on the date 
     specified by the Director of the Office of Management and 
     Budget, but in no event later than 90 days after enactment 
     into law of this Act: Provided further, That the reference to 
     ``function'' includes, but is not limited to, any duty, 
     obligation, power, authority, responsibility, right, 
     privilege, and activity, or the plural thereof, as the case 
     may be.


                       administrative provisions

       The Secretary is authorized to accept lands, buildings, 
     equipment, other contributions, and fees from public and 
     private sources, and to prosecute projects using such 
     contributions and fees in cooperation with other Federal, 
     State or private agencies: Provided, That the Bureau of Mines 
     is authorized, during the current fiscal year, to sell 
     directly or through any Government agency, including 
     corporations, any metal or mineral products that may be 
     manufactured in pilot plants operated by the Bureau of Mines, 
     and the proceeds of such sales shall be covered into the 
     Treasury as miscellaneous receipts: Provided further, That 
     notwithstanding any other provision of law, the Secretary is 
     authorized to convey, without reimbursement, title and all 
     interest of the United States in property and facilities of 
     the United States Bureau of Mines in Juneau, Alaska, to the 
     City and Borough of Juneau, Alaska; in Tuscaloosa, Alabama, 
     to the University of Alabama; in Rolla, Missouri, to the 
     University of Missouri-Rolla; and in other localities to such 
     university or government entities as the Secretary deems 
     appropriate.

          Office of Surface Mining Reclamation and Enforcement


                       regulation and technology

       For necessary expenses to carry out the provisions of the 
     Surface Mining Control and Reclamation Act of 1977, Public 
     Law 95-87, as amended, including the purchase of not to 
     exceed 15 passenger motor vehicles for replacement only; 
     $95,470,000, and notwithstanding 31 U.S.C. 3302, an 
     additional amount shall be credited to this account, to 
     remain available until expended, from performance bond 
     forfeitures in fiscal year 1996: Provided, That 
     notwithstanding any other provision of law, the Secretary of 
     the Interior, pursuant to regulations, may utilize directly 
     or through grants to States, moneys collected in fiscal year 
     1996 pursuant to the assessment of civil penalties under 
     section 518 of the Surface Mining Control and Reclamation Act 
     of 1977 (30 U.S.C. 1268), to reclaim lands adversely affected 
     by coal mining practices after August 3, 1977, to remain 
     available until expended: Provided further, That 
     notwithstanding any other provision of law, appropriations 
     for the Office of Surface Mining Reclamation and Enforcement 
     may provide for the travel and per diem expenses of State and 
     tribal personnel attending Office of Surface Mining 
     Reclamation and Enforcement sponsored training.


                    abandoned mine reclamation fund

       For necessary expenses to carry out the provisions of title 
     IV of the Surface Mining Control and Reclamation Act of 1977, 
     Public Law 95-87, as amended, including the purchase of not 
     more than 22 passenger motor vehicles for replacement only, 
     $173,887,000, to be derived from receipts of the Abandoned 
     Mine Reclamation Fund and to remain available until expended: 
     Provided, That grants to minimum program States will be 
     $1,500,000 per State in fiscal year 1996: Provided further, 
     That of the funds herein provided up to $18,000,000 may be 
     used for the emergency program authorized by section 410 of 
     Public Law 95-87, as amended, of which no more than 25 per 
     centum shall be used for emergency reclamation projects in 
     any one State and funds for Federally-administered emergency 
     reclamation projects under this proviso shall not exceed 
     $11,000,000: Provided further, That prior year unobligated 
     funds appropriated for the emergency reclamation program 
     shall not be subject to the 25 per centum limitation per 
     State and may be used without fiscal year limitation for 
     emergency projects: Provided further, That pursuant to Public 
     Law 97-365, the Department of the Interior is authorized to 
     utilize up to 20 per centum from the recovery of the 
     delinquent debt owed to the United States Government to pay 
     for contracts to collect these debts: Provided further, That 
     funds made available to States under title IV of Public Law 
     95-87 may be used, at their discretion, for any required non-
     Federal share of the cost of projects funded by the Federal 
     Government for the purpose of environmental restoration 
     related to treatment or abatement of acid mine drainage from 
     abandoned mines: Provided further, That such projects must be 
     consistent with the purposes and priorities of the Surface 
     Mining Control and Reclamation Act.

                        Bureau of Indian Affairs


                      operation of indian programs

       For operation of Indian programs by direct expenditure, 
     contracts, cooperative agreements, compacts, and grants 
     including expenses necessary to provide education and welfare 
     services for Indians, either directly or in cooperation with 
     States and other organizations, including payment of care, 
     tuition, assistance, and other expenses of Indians in 
     boarding homes, or institutions, or schools; grants and other 
     assistance to needy Indians; maintenance of law and order; 
     management, development, improvement, and protection of 
     resources and appurtenant facilities under the jurisdiction 
     of the Bureau of Indian Affairs, including payment of 
     irrigation assessments and charges; acquisition of water 
     rights; advances for Indian industrial and business 
     enterprises; operation of Indian arts and crafts shops and 
     museums; development of Indian arts and crafts, as authorized 
     by law; for the general administration of the Bureau of 
     Indian Affairs, including such expenses in field offices; 
     maintaining of Indian reservation roads as defined in section 
     101 of title 23, United States Code; and construction, 
     repair, and improvement of Indian housing, $1,384,434,000, of 
     which not to exceed $100,255,000 shall be for welfare 
     assistance grants and not to exceed $104,626,000 shall be for 
     payments to tribes and tribal organizations for contract 
     support costs associated with ongoing contracts or grants or 
     compacts entered into with the Bureau of Indian Affairs prior 
     to fiscal year 1996, as authorized by the Indian Self-
     Determination Act of 1975, as amended, and up to $5,000,000 
     shall be for the Indian Self-Determination

[[Page H1903]]

     Fund, which shall be available for the transitional cost of 
     initial or expanded tribal contracts, grants, compacts, or 
     cooperative agreements with the Bureau of Indian Affairs 
     under the provisions of the Indian Self-Determination Act; 
     and of which not to exceed $330,711,000 for school operations 
     costs of Bureau-funded schools and other education programs 
     shall become available for obligation on July 1, 1996, and 
     shall remain available for obligation until September 30, 
     1997; and of which not to exceed $68,209,000 for higher 
     education scholarships, adult vocational training, and 
     assistance to public schools under the Act of April 16, 1934 
     (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), shall 
     remain available for obligation until September 30, 1997; and 
     of which not to exceed $71,854,000 shall remain available 
     until expended for housing improvement, road maintenance, 
     attorney fees, litigation support, self-governance grants, 
     the Indian Self-Determination Fund, and the Navajo-Hopi 
     Settlement Program: Provided, That tribes and tribal 
     contractors may use their tribal priority allocations for 
     unmet indirect costs of ongoing contracts, grants or compact 
     agreements: Provided further, That funds made available to 
     tribes and tribal organizations through contracts or grants 
     obligated during fiscal year 1996, as authorized by the 
     Indian Self-Determination Act of 1975 (88 Stat. 2203; 25 
     U.S.C. 450 et seq.), or grants authorized by the Indian 
     Education Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall 
     remain available until expended by the contractor or grantee: 
     Provided further, That to provide funding uniformity within a 
     Self-Governance Compact, any funds provided in this Act with 
     availability for more than one year may be reprogrammed to 
     one year availability but shall remain available within the 
     Compact until expended: Provided further, That 
     notwithstanding any other provision of law, Indian tribal 
     governments may, by appropriate changes in eligibility 
     criteria or by other means, change eligibility for general 
     assistance or change the amount of general assistance 
     payments for individuals within the service area of such 
     tribe who are otherwise deemed eligible for general 
     assistance payments so long as such changes are applied in a 
     consistent manner to individuals similarly situated: Provided 
     further, That any savings realized by such changes shall be 
     available for use in meeting other priorities of the tribes: 
     Provided further, That any net increase in costs to the 
     Federal Government which result solely from tribally 
     increased payment levels for general assistance shall be met 
     exclusively from funds available to the tribe from within its 
     tribal priority allocation: Provided further, That any 
     forestry funds allocated to a tribe which remain unobligated 
     as of September 30, 1996, may be transferred during fiscal 
     year 1997 to an Indian forest land assistance account 
     established for the benefit of such tribe within the tribe's 
     trust fund account: Provided further, That any such 
     unobligated balances not so transferred shall expire on 
     September 30, 1997: Provided further, That notwithstanding 
     any other provision of law, no funds available to the Bureau 
     of Indian Affairs, other than the amounts provided herein for 
     assistance to public schools under the Act of April 16, 1934 
     (48 Stat. 596), as amended (25 U.S.C. 452 et seq.), shall be 
     available to support the operation of any elementary or 
     secondary school in the State of Alaska in fiscal year 1996: 
     Provided further, That funds made available in this or any 
     other Act for expenditure through September 30, 1997 for 
     schools funded by the Bureau of Indian Affairs shall be 
     available only to the schools which are in the Bureau of 
     Indian Affairs school system as of September 1, 1995: 
     Provided further, That no funds available to the Bureau of 
     Indian Affairs shall be used to support expanded grades for 
     any school beyond the grade structure in place at each school 
     in the Bureau of Indian Affairs school system as of October 
     1, 1995: Provided further, That notwithstanding the 
     provisions of 25 U.S.C. 2011(h)(1) (B) and (C), upon the 
     recommendation of a local school board for a Bureau of Indian 
     Affairs operated school, the Secretary shall establish rates 
     of basic compensation or annual salary rates for the 
     positions of teachers and counselors (including dormitory and 
     homeliving counselors) at the school at a level not less than 
     that for comparable positions in public school districts in 
     the same geographic area, to become effective on July 1, 
     1997: Provided further, That of the funds available only 
     through September 30, 1995, not to exceed $8,000,000 in 
     unobligated and unexpended balances in the Operation of 
     Indian Programs account shall be merged with and made a part 
     of the fiscal year 1996 Operation of Indian Programs 
     appropriation, and shall remain available for obligation for 
     employee severance, relocation, and related expenses, until 
     March 31, 1996.


                              construction

       For construction, major repair, and improvement of 
     irrigation and power systems, buildings, utilities, and other 
     facilities, including architectural and engineering services 
     by contract; acquisition of lands and interests in lands; and 
     preparation of lands for farming, $100,833,000, to remain 
     available until expended: Provided, That such amounts as may 
     be available for the construction of the Navajo Indian 
     Irrigation Project and for other water resource development 
     activities related to the Southern Arizona Water Rights 
     Settlement Act may be transferred to the Bureau of 
     Reclamation: Provided further, That not to exceed 6 per 
     centum of contract authority available to the Bureau of 
     Indian Affairs from the Federal Highway Trust Fund may be 
     used to cover the road program management costs of the Bureau 
     of Indian Affairs: Provided further, That any funds provided 
     for the Safety of Dams program pursuant to 25 U.S.C. 13 shall 
     be made available on a non-reimbursable basis: Provided 
     further, That for the fiscal year ending September 30, 1996, 
     in implementing new construction or facilities improvement 
     and repair project grants in excess of $100,000 that are 
     provided to tribally controlled grant schools under Public 
     Law 100-297, as amended, the Secretary of the Interior shall 
     use the Administrative and Audit Requirements and Cost 
     Principles for Assistance Programs contained in 43 CFR part 
     12 as the regulatory requirements: Provided further, That 
     such grants shall not be subject to section 12.61 of 43 CFR; 
     the Secretary and the grantee shall negotiate and determine a 
     schedule of payments for the work to be performed: Provided 
     further, That in considering applications, the Secretary 
     shall consider whether the Indian tribe or tribal 
     organization would be deficient in assuring that the 
     construction projects conform to applicable building 
     standards and codes and Federal, tribal, or State health and 
     safety standards as required by 25 U.S.C. 2005(a), with 
     respect to organizational and financial management 
     capabilities: Provided further, That if the Secretary 
     declines an application, the Secretary shall follow the 
     requirements contained in 25 U.S.C. 2505(f): Provided 
     further, That any disputes between the Secretary and any 
     grantee concerning a grant shall be subject to the disputes 
     provision in 25 U.S.C. 2508(e).


 indian land and water claim settlements and miscellaneous payments to 
                                indians

       For miscellaneous payments to Indian tribes and individuals 
     and for necessary administrative expenses, $80,645,000, to 
     remain available until expended; of which $78,600,000 shall 
     be available for implementation of enacted Indian land and 
     water claim settlements pursuant to Public Laws 87-483, 97-
     293, 101-618, 102-374, 102-441, 102-575, and 103-116, and for 
     implementation of other enacted water rights settlements, 
     including not to exceed $8,000,000, which shall be for the 
     Federal share of the Catawba Indian Tribe of South Carolina 
     Claims Settlement, as authorized by section 5(a) of Public 
     Law 103-116; and of which $1,045,000 shall be available 
     pursuant to Public Laws 98-500, 99-264, and 100-580; and of 
     which $1,000,000 shall be available (1) to liquidate 
     obligations owed tribal and individual Indian payees of any 
     checks canceled pursuant to section 1003 of the Competitive 
     Equality Banking Act of 1987 (Public Law 100-86 (101 Stat. 
     659)), 31 U.S.C. 3334(b), (2) to restore to Individual Indian 
     Monies trust funds, Indian Irrigation Systems, and Indian 
     Power Systems accounts amounts invested in credit unions or 
     defaulted savings and loan associations and which were not 
     Federally insured, and (3) to reimburse Indian trust fund 
     account holders for losses to their respective accounts where 
     the claim for said loss(es) has been reduced to a judgment or 
     settlement agreement approved by the Department of Justice.


               technical assistance of indian enterprises

       For payment of management and technical assistance requests 
     associated with loans and grants approved under the Indian 
     Financing Act of 1974, as amended, $500,000.


                 indian guaranteed loan program account

       For the cost of guaranteed loans $4,500,000, as authorized 
     by the Indian Financing Act of 1974, as amended: Provided, 
     That such costs, including the cost of modifying such loans, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974, as amended: Provided further, That these 
     funds are available to subsidize total loan principal, any 
     part of which is to be guaranteed, not to exceed $35,914,000.
       In addition, for administrative expenses necessary to carry 
     out the guaranteed loan program, $500,000.


                       administrative provisions

       Appropriations for the Bureau of Indian Affairs shall be 
     available for expenses of exhibits, and purchase of not to 
     exceed 275 passenger carrying motor vehicles, of which not to 
     exceed 215 shall be for replacement only.

                 Territorial and International Affairs


                       assistance to territories

       For expenses necessary for assistance to territories under 
     the jurisdiction of the Department of the Interior, 
     $65,188,000, of which (1) $61,661,000 shall be available 
     until expended for technical assistance, including 
     maintenance assistance, disaster assistance, insular 
     management controls, and brown tree snake control and 
     research; grants to the judiciary in American Samoa for 
     compensation and expenses, as authorized by law (48 U.S.C. 
     1661(c)); grants to the Government of American Samoa, in 
     addition to current local revenues, for construction and 
     support of governmental functions; grants to the Government 
     of the Virgin Islands as authorized by law; grants to the 
     Government of Guam, as authorized by law; and grants to the 
     Government of the Northern Mariana Islands as authorized by 
     law (Public Law 94-241; 90 Stat. 272); and (2) $3,527,000 
     shall be available for salaries and expenses of the Office of 
     Insular Affairs: Provided, That all financial transactions of 
     the territorial and local governments herein provided for, 
     including such transactions of all agencies or 
     instrumentalities established or utilized by such 
     governments, may be audited by the

[[Page H1904]]

     General Accounting Office, at its discretion, in accordance 
     with chapter 35 of title 31, United States Code: Provided 
     further, That Northern Mariana Islands Covenant grant funding 
     shall be provided according to those terms of the Agreement 
     of the Special Representatives on Future United States 
     Financial Assistance for the Northern Mariana Islands 
     approved by Public Law 99-396, or any subsequent legislation 
     related to Commonwealth of the Northern Mariana Islands 
     Covenant grant funding: Provided further, That of the amounts 
     provided for technical assistance, sufficient funding shall 
     be made available for a grant to the Close Up Foundation: 
     Provided further, That the funds for the program of 
     operations and maintenance improvement are appropriated to 
     institutionalize routine operations and maintenance of 
     capital infrastructure in American Samoa, Guam, the Virgin 
     Islands, the Commonwealth of the Northern Mariana Islands, 
     the Republic of Palau, the Republic of the Marshall Islands, 
     and the Federated States of Micronesia through assessments of 
     long-range operations and maintenance needs, improved 
     capability of local operations and maintenance institutions 
     and agencies (including management and vocational education 
     training), and project-specific maintenance (with territorial 
     participation and cost sharing to be determined by the 
     Secretary based on the individual territory's commitment to 
     timely maintenance of its capital assets): Provided further, 
     That any appropriation for disaster assistance under this 
     head in this Act or previous appropriations Acts may be used 
     as non-Federal matching funds for the purpose of hazard 
     mitigation grants provided pursuant to section 404 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5170c).


                      compact of free association

       For economic assistance and necessary expenses for the 
     Federated States of Micronesia and the Republic of the 
     Marshall Islands as provided for in sections 122, 221, 223, 
     232, and 233 of the Compacts of Free Association, and for 
     economic assistance and necessary expenses for the Republic 
     of Palau as provided for in sections 122, 221, 223, 232, and 
     233 of the Compact of Free Association, $24,938,000, to 
     remain available until expended, as authorized by Public Law 
     99-239 and Public Law 99-658: Provided, That notwithstanding 
     section 112 of Public Law 101-219 (103 Stat. 1873), the 
     Secretary of the Interior may agree to technical changes in 
     the specifications for the project described in the 
     subsidiary agreement negotiated under section 212(a) of the 
     Compact of Free Association, Public Law 99-658, or its annex, 
     if the changes do not result in increased costs to the United 
     States.

                          Departmental Offices

                        Departmental Management


                         Salaries and Expenses

       For necessary expenses for management of the Department of 
     the Interior, $56,456,000, of which not to exceed $7,500 may 
     be for official reception and representation expenses.

                        Office of the Solicitor


                         Salaries and Expenses

       For necessary expenses of the Office of the Solicitor, 
     $34,337,000.

                      Office of Inspector General

                         salaries and expenses

       For necessary expenses of the Office of Inspector General, 
     $23,939,000.

                        Construction Management


                         salaries and expenses

       For necessary expenses of the Office of Construction 
     Management, $500,000.

                   National Indian Gaming Commission


                         Salaries and Expenses

       For necessary expenses of the National Indian Gaming 
     Commission, pursuant to Public Law 100-497, $1,000,000: 
     Provided, That on March 1, 1996, the Chairman shall submit to 
     the Secretary a report detailing those Indian tribes or 
     tribal organizations with gaming operations that are in full 
     compliance, partial compliance, or non-compliance with the 
     provisions of the Indian Gaming Regulatory Act (25 U.S.C. 
     2701, et seq.): Provided further, That the information 
     contained in the report shall be updated on a continuing 
     basis.

             Office of Special Trustee for American Indians


                         federal trust programs

       For operation of trust programs for Indians by direct 
     expenditure, contracts, cooperative agreements, compacts, and 
     grants, $16,338,000, of which $15,891,000 shall remain 
     available until expended for trust funds management: 
     Provided, That funds made available to tribes and tribal 
     organizations through contracts or grants obligated during 
     fiscal year 1996, as authorized by the Indian Self-
     Determination Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et 
     seq.), shall remain available until expended by the 
     contractor or grantee: Provided further, That notwithstanding 
     any other provision of law, the statute of limitations shall 
     not commence to run on any claim, including any claim in 
     litigation pending on the date of this Act, concerning losses 
     to or mismanagement of trust funds, until the affected tribe 
     or individual Indian has been furnished with the accounting 
     of such funds from which the beneficiary can determine 
     whether there has been a loss: Provided further, That 
     obligated and unobligated balances provided for trust funds 
     management within ``Operation of Indian programs'', Bureau of 
     Indian Affairs are hereby transferred to and merged with this 
     appropriation.

                       Administrative Provisions

       There is hereby authorized for acquisition from available 
     resources within the Working Capital Fund, 15 aircraft, 10 of 
     which shall be for replacement and which may be obtained by 
     donation, purchase or through available excess surplus 
     property: Provided, That notwithstanding any other provision 
     of law, existing aircraft being replaced may be sold, with 
     proceeds derived or trade-in value used to offset the 
     purchase price for the replacement aircraft: Provided 
     further, That no programs funded with appropriated funds in 
     ``Departmental Management'', ``Office of the Solicitor'', and 
     ``Office of Inspector General'' may be augmented through the 
     Working Capital Fund or the Consolidated Working Fund.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

       Sec. 101. Appropriations made in this title shall be 
     available for expenditure or transfer (within each bureau or 
     office), with the approval of the Secretary, for the 
     emergency reconstruction, replacement, or repair of aircraft, 
     buildings, utilities, or other facilities or equipment 
     damaged or destroyed by fire, flood, storm, or other 
     unavoidable causes: Provided, That no funds shall be made 
     available under this authority until funds specifically made 
     available to the Department of the Interior for emergencies 
     shall have been exhausted: Provided further, That all funds 
     used pursuant to this section are hereby designated by 
     Congress to be ``emergency requirements'' pursuant to section 
     251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 and must be replenished by a supplemental 
     appropriation which must be requested as promptly as 
     possible.
       Sec. 102. The Secretary may authorize the expenditure or 
     transfer of any no year appropriation in this title, in 
     addition to the amounts included in the budget programs of 
     the several agencies, for the suppression or emergency 
     prevention of forest or range fires on or threatening lands 
     under the jurisdiction of the Department of the Interior; for 
     the emergency rehabilitation of burned-over lands under its 
     jurisdiction; for emergency actions related to potential or 
     actual earthquakes, floods, volcanoes, storms, or other 
     unavoidable causes; for contingency planning subsequent to 
     actual oilspills; response and natural resource damage 
     assessment activities related to actual oilspills; for the 
     prevention, suppression, and control of actual or potential 
     grasshopper and Mormon cricket outbreaks on lands under the 
     jurisdiction of the Secretary, pursuant to the authority in 
     section 1773(b) of Public Law 99-198 (99 Stat. 1658); for 
     emergency reclamation projects under section 410 of Public 
     Law 95-87; and shall transfer, from any no year funds 
     available to the Office of Surface Mining Reclamation and 
     Enforcement, such funds as may be necessary to permit 
     assumption of regulatory authority in the event a primacy 
     State is not carrying out the regulatory provisions of the 
     Surface Mining Act: Provided, That appropriations made in 
     this title for fire suppression purposes shall be available 
     for the payment of obligations incurred during the preceding 
     fiscal year, and for reimbursement to other Federal agencies 
     for destruction of vehicles, aircraft, or other equipment in 
     connection with their use for fire suppression purposes, such 
     reimbursement to be credited to appropriations currently 
     available at the time of receipt thereof: Provided further, 
     That for emergency rehabilitation and wildfire suppression 
     activities, no funds shall be made available under this 
     authority until funds appropriated to the ``Emergency 
     Department of the Interior Firefighting Fund'' shall have 
     been exhausted: Provided further, That all funds used 
     pursuant to this section are hereby designated by Congress to 
     be ``emergency requirements'' pursuant to section 
     251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 and must be replenished by a supplemental 
     appropriation which must be requested as promptly as 
     possible: Provided further, That such replenishment funds 
     shall be used to reimburse, on a pro rata basis, accounts 
     from which emergency funds were transferred.
       Sec. 103. Appropriations made in this title shall be 
     available for operation of warehouses, garages, shops, and 
     similar facilities, wherever consolidation of activities will 
     contribute to efficiency or economy, and said appropriations 
     shall be reimbursed for services rendered to any other 
     activity in the same manner as authorized by sections 1535 
     and 1536 of title 31, United States Code: Provided, That 
     reimbursements for costs and supplies, materials, equipment, 
     and for services rendered may be credited to the 
     appropriation current at the time such reimbursements are 
     received.
       Sec. 104. Appropriations made to the Department of the 
     Interior in this title shall be available for services as 
     authorized by 5 U.S.C. 3109, when authorized by the 
     Secretary, in total amount not to exceed $500,000; hire, 
     maintenance, and operation of aircraft; hire of passenger 
     motor vehicles; purchase of reprints; payment for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and the payment 
     of dues, when authorized by the Secretary, for library 
     membership in societies or associations which issue 
     publications to members only or at a price to members lower 
     than to subscribers who are not members.

[[Page H1905]]

       Sec. 105. Appropriations available to the Department of the 
     Interior for salaries and expenses shall be available for 
     uniforms or allowances therefor, as authorized by law (5 
     U.S.C. 5901-5902 and D.C. Code 4-204).
       Sec. 106. Appropriations made in this title shall be 
     available for obligation in connection with contracts issued 
     for services or rentals for periods not in excess of twelve 
     months beginning at any time during the fiscal year.
       Sec. 107. Appropriations made in this title from the Land 
     and Water Conservation Fund for acquisition of lands and 
     waters, or interests therein, shall be available for 
     transfer, with the approval of the Secretary, between the 
     following accounts: Bureau of Land Management, Land 
     acquisition, United States Fish and Wildlife Service, Land 
     acquisition, and National Park Service, Land acquisition and 
     State assistance. Use of such funds are subject to the 
     reprogramming guidelines of the House and Senate Committees 
     on Appropriations.
       Sec. 108. Prior to the transfer of Presidio properties to 
     the Presidio Trust, when authorized, the Secretary may not 
     obligate in any calendar month more than \1/12\ of the fiscal 
     year 1996 appropriation for operation of the Presidio: 
     Provided, That this section shall expire on December 31, 
     1995.
       Sec. 109. Section 6003 of Public Law 101-380 is hereby 
     repealed.
       Sec. 110. None of the funds appropriated or otherwise made 
     available by this Act may be obligated or expended by the 
     Secretary of the Interior for developing, promulgating, and 
     thereafter implementing a rule concerning rights-of-way under 
     section 2477 of the Revised Statutes.
       Sec. 111. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of offshore 
     leasing and related activities placed under restriction in 
     the President's moratorium statement of June 26, 1990, in the 
     areas of Northern, Central, and Southern California; the 
     North Atlantic; Washington and Oregon; and the Eastern Gulf 
     of Mexico south of 26 degrees north latitude and east of 86 
     degrees west longitude.
        Sec. 112. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of leasing, 
     or the approval or permitting of any drilling or other 
     exploration activity, on lands within the North Aleutian 
     Basin planning area.
       Sec. 113. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of 
     preleasing and leasing activities in the Eastern Gulf of 
     Mexico for Outer Continental Shelf Lease Sale 151 in the 
     Outer Continental Shelf Natural Gas and Oil Resource 
     Management Comprehensive Program, 1992-1997.
        Sec. 114. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of 
     preleasing and leasing activities in the Atlantic for Outer 
     Continental Shelf Lease Sale 164 in the Outer Continental 
     Shelf Natural Gas and Oil Resource Management Comprehensive 
     Program, 1992-1997.
       Sec. 115. (a) Of the funds appropriated by this Act or any 
     subsequent Act providing for appropriations in fiscal years 
     1996 and 1997, not more than 50 percent of any self-
     governance funds that would otherwise be allocated to each 
     Indian tribe in the State of Washington shall actually be 
     paid to or on account of such Indian tribe from and after the 
     time at which such tribe shall--
       (1) take unilateral action that adversely impacts the 
     existing rights to and/or customary uses of, nontribal member 
     owners of fee simple land within the exterior boundary of the 
     tribe's reservation to water, electricity, or any other 
     similar utility or necessity for the nontribal members' 
     residential use of such land; or
       (2) restrict or threaten to restrict said owners use of or 
     access to publicly maintained rights-of-way necessary or 
     desirable in carrying the utilities or necessities described 
     above.
       (b) Such penalty shall not attach to the initiation of any 
     legal actions with respect to such rights or the enforcement 
     of any final judgments, appeals from which have been 
     exhausted, with respect thereto.
       Sec. 116. Within 30 days after the enactment of this Act, 
     the Department of the Interior shall issue a specific 
     schedule for the completion of the Lake Cushman Land Exchange 
     Act (Public Law 102-436) and shall complete the exchange not 
     later than September 30, 1996.
       Sec. 117. Notwithstanding Public Law 90-544, as amended, 
     the National Park Service is authorized to expend 
     appropriated funds for maintenance and repair of the Company 
     Creek Road in the Lake Chelan National Recreation Area: 
     Provided, That appropriated funds shall not be expended for 
     the purpose of improving the property of private individuals 
     unless specifically authorized by law.
       Sec. 118. Section 4(b) of Public Law 94-241 (90 Stat. 263) 
     as added by section 10 of Public Law 99-396 is amended by 
     deleting ``until Congress otherwise provides by law.'' and 
     inserting in lieu thereof: ``except that, for fiscal years 
     1996 through 2002, payments to the Commonwealth of the 
     Northern Mariana Islands pursuant to the multi-year funding 
     agreements contemplated under the Covenant shall be 
     $11,000,000 annually, subject to an equal local match and all 
     other requirements set forth in the Agreement of the Special 
     Representatives on Future Federal Financial Assistance of the 
     Northern Mariana Islands, executed on December 17, 1992 
     between the special representative of the President of the 
     United States and special representatives of the Governor of 
     the Northern Mariana Islands with any additional amounts 
     otherwise made available under this section in any fiscal 
     year and not required to meet the schedule of payments in 
     this subsection to be provided as set forth in subsection (c) 
     until Congress otherwise provides by law.
       ``(c) The additional amounts referred to in subsection (b) 
     shall be made available to the Secretary for obligation as 
     follows:
       ``(1) for fiscal years 1996 through 2001, $4,580,000 
     annually for capital infrastructure projects as Impact Aid 
     for Guam under section 104(c)(6) of Public Law 99-239;
       ``(2) for fiscal year 1996, $7,700,000 shall be provided 
     for capital infrastructure projects in American Samoa; 
     $4,420,000 for resettlement of Rongelap Atoll; and
       ``(3) for fiscal years 1997 and thereafter, all such 
     amounts shall be available solely for capital infrastructure 
     projects in Guam, the Virgin Islands, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Republic of 
     Palau, the Federated States of Micronesia and the Republic of 
     the Marshall Islands: Provided, That, in fiscal year 1997, 
     $3,000,000 of such amounts shall be made available to the 
     College of the Northern Marianas and beginning in fiscal year 
     1997, and in each year thereafter, not to exceed $3,000,000 
     may be allocated, as provided in appropriations Acts, to the 
     Secretary of the Interior for use by Federal agencies or the 
     Commonwealth of the Northern Mariana Islands to address 
     immigration, labor, and law enforcement issues in the 
     Northern Mariana Islands. The specific projects to be funded 
     in American Samoa shall be set forth in a five-year plan for 
     infrastructure assistance developed by the Secretary of the 
     Interior in consultation with the American Samoa Government 
     and updated annually and submitted to the Congress concurrent 
     with the budget justifications for the Department of the 
     Interior. In developing budget recommendations for capital 
     infrastructure funding, the Secretary shall indicate the 
     highest priority projects, consider the extent to which 
     particular projects are part of an overall master plan, 
     whether such project has been reviewed by the Corps of 
     Engineers and any recommendations made as a result of such 
     review, the extent to which a set-aside for maintenance would 
     enhance the life of the project, the degree to which a local 
     cost-share requirement would be consistent with local 
     economic and fiscal capabilities, and may propose an 
     incremental set-aside, not to exceed $2,000,000 per year, to 
     remain available without fiscal year limitation, as an 
     emergency fund in the event of natural or other disasters to 
     supplement other assistance in the repair, replacement, or 
     hardening of essential facilities: Provided further, That the 
     cumulative amount set aside for such emergency fund may not 
     exceed $10,000,000 at any time.
       ``(d) Within the amounts allocated for infrastructure 
     pursuant to this section, and subject to the specific 
     allocations made in subsection (c), additional contributions 
     may be made, as set forth in appropriations Acts, to assist 
     in the resettlement of Rongelap Atoll: Provided, That the 
     total of all contributions from any Federal source after 
     enactment of this Act may not exceed $32,000,000 and shall be 
     contingent upon an agreement, satisfactory to the President, 
     that such contributions are a full and final settlement of 
     all obligations of the United States to assist in the 
     resettlement of Rongelop Atoll and that such funds will be 
     expended solely on resettlement activities and will be 
     properly audited and accounted for. In order to provide such 
     contributions in a timely manner, each Federal agency 
     providing assistance or services, or conducting activities, 
     in the Republic of the Marshall Islands, is authorized to 
     make funds available through the Secretary of the Interior, 
     to assist in the resettlement of Rongelap. Nothing in this 
     subsection shall be construed to limit the provision of ex 
     gratia assistance pursuant to section 105(c)(2) of the 
     Compact of Free Association Act of 1985 (Public Law 99-239, 
     99 Stat. 1770, 1792) including for individuals choosing not 
     to resettle at Rongelap, except that no such assistance for 
     such individuals may be provided until the Secretary notifies 
     the Congress that the full amount of all funds necessary for 
     resettlement at Rongelap has been provided.''.

                       TITLE II--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                            forest research

       For necessary expenses of forest research as authorized by 
     law, $178,000,000, to remain available until September 30, 
     1997.

                       state and private forestry

       For necessary expenses of cooperating with, and providing 
     technical and financial assistance to States, Territories, 
     possessions, and others and for forest pest management 
     activities, cooperative forestry and education and land 
     conservation activities, $136,794,000, to remain available 
     until expended, as authorized by law.

                         national forest system

       For necessary expenses of the Forest Service, not otherwise 
     provided for, for management, protection, improvement, and 
     utilization of the National Forest System, for ecosystem 
     planning, inventory, and monitoring, and for administrative 
     expenses associated with the management of funds provided 
     under the heads ``Forest Research'', ``State

[[Page H1906]]

     and Private Forestry'', ``National Forest System'', 
     ``Construction'', ``Fire Protection and Emergency 
     Suppression'', and ``Land Acquisition'', $1,256,253,000, to 
     remain available for obligation until September 30, 1997, and 
     including 65 per centum of all monies received during the 
     prior fiscal year as fees collected under the Land and Water 
     Conservation Fund Act of 1965, as amended, in accordance with 
     section 4 of the Act (16 U.S.C. 460l-6a(i)): Provided, That 
     unobligated and unexpended balances in the National Forest 
     System account at the end of fiscal year 1995, shall be 
     merged with and made a part of the fiscal year 1996 National 
     Forest System appropriation, and shall remain available for 
     obligation until September 30, 1997: Provided further, That 
     up to $5,000,000 of the funds provided herein for road 
     maintenance shall be available for the planned obliteration 
     of roads which are no longer needed.


                        wildland fire management

       For necessary expenses for forest fire presuppression 
     activities on National Forest System lands, for emergency 
     fire suppression on or adjacent to National Forest System 
     lands or other lands under fire protection agreement, and for 
     emergency rehabilitation of burned over National Forest 
     System lands, $385,485,000, to remain available until 
     expended: Provided, That unexpended balances of amounts 
     previously appropriated under any other headings for Forest 
     Service fire activities may be transferred to and merged with 
     this appropriation: Provided further, That such funds are 
     available for repayment of advances from other appropriations 
     accounts previously transferred for such purposes.

                              construction

       For necessary expenses of the Forest Service, not otherwise 
     provided for, $163,500,000, to remain available until 
     expended, for construction and acquisition of buildings and 
     other facilities, and for construction and repair of forest 
     roads and trails by the Forest Service as authorized by 16 
     U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That 
     funds becoming available in fiscal year 1996 under the Act of 
     March 4, 1913 (16 U.S.C. 501) shall be transferred to the 
     General Fund of the Treasury of the United States: Provided 
     further, That not to exceed $50,000,000, to remain available 
     until expended, may be obligated for the construction of 
     forest roads by timber purchasers: Provided further, That 
     $2,500,000 of the funds appropriated herein shall be 
     available for a grant to the ``Non-Profit Citizens for the 
     Columbia Gorge Discovery Center'' for the construction of the 
     Columbia Gorge Discovery Center: Provided further, That the 
     Forest Service is authorized to grant the unobligated balance 
     of funds appropriated in fiscal year 1995 for the 
     construction of the Columbia Gorge Discovery Center to the 
     ``Non-Profit Citizens for the Columbia Gorge Discovery 
     Center'' to be used for the same purpose: Provided further, 
     That the Forest Service is authorized to convey the land 
     needed for the construction of the Columbia Gorge Discovery 
     Center without cost to the ``Non-Profit Citizens for the 
     Columbia Gorge Discovery Center'': Provided further, That 
     notwithstanding any other provision of law, funds originally 
     appropriated under this head in Public Law 101-512 for the 
     Forest Service share of a new research facility at the 
     University of Missouri, Columbia, shall be available for a 
     grant to the University of Missouri, as the Federal share in 
     the construction of the new facility: Provided further, That 
     agreed upon lease of space in the new facility shall be 
     provided to the Forest Service without charge for the life of 
     the building.

                            land acquisition

       For expenses necessary to carry out the provisions of the 
     Land and Water Conservation Fund Act of 1965, as amended (16 
     U.S.C. 460l-4-11), including administrative expenses, and for 
     acquisition of land or waters, or interest therein, in 
     accordance with statutory authority applicable to the Forest 
     Service, $24,200,000, to be derived from the Land and Water 
     Conservation Fund, to remain available until expended.

         acquisition of lands for national forests special acts

       For acquisition of lands within the exterior boundaries of 
     the Cache, Uinta, and Wasatch National Forests, Utah; the 
     Toiyabe National Forest, Nevada; and the Angeles, San 
     Bernardino, Sequoia, and Cleveland National Forests, 
     California, as authorized by law, $1,069,000, to be derived 
     from forest receipts.

            acquisition of lands to complete land exchanges

       For acquisition of lands, to be derived from funds 
     deposited by State, county, or municipal governments, public 
     school districts, or other public school authorities pursuant 
     to the Act of December 4, 1967, as amended (16 U.S.C. 484a), 
     to remain available until expended.

                         range betterment fund

       For necessary expenses of range rehabilitation, protection, 
     and improvement, 50 per centum of all moneys received during 
     the prior fiscal year, as fees for grazing domestic livestock 
     on lands in National Forests in the sixteen Western States, 
     pursuant to section 401(b)(1) of Public Law 94-579, as 
     amended, to remain available until expended, of which not to 
     exceed 6 per centum shall be available for administrative 
     expenses associated with on-the-ground range rehabilitation, 
     protection, and improvements.

    gifts, donations and bequests for forest and rangeland research

       For expenses authorized by 16 U.S.C. 1643(b), $92,000, to 
     remain available until expended, to be derived from the fund 
     established pursuant to the above Act.

               administrative provisions, forest service

       Appropriations to the Forest Service for the current fiscal 
     year shall be available for: (a) purchase of not to exceed 
     183 passenger motor vehicles of which 32 will be used 
     primarily for law enforcement purposes and of which 151 shall 
     be for replacement; acquisition of 22 passenger motor 
     vehicles from excess sources, and hire of such vehicles; 
     operation and maintenance of aircraft, the purchase of not to 
     exceed two for replacement only, and acquisition of 20 
     aircraft from excess sources; notwithstanding other 
     provisions of law, existing aircraft being replaced may be 
     sold, with proceeds derived or trade-in value used to offset 
     the purchase price for the replacement aircraft; (b) services 
     pursuant to the second sentence of section 706(a) of the 
     Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
     $100,000 for employment under 5 U.S.C. 3109; (c) purchase, 
     erection, and alteration of buildings and other public 
     improvements (7 U.S.C. 2250); (d) acquisition of land, 
     waters, and interests therein, pursuant to the Act of August 
     3, 1956 (7 U.S.C. 428a); (e) for expenses pursuant to the 
     Volunteers in the National Forest Act of 1972 (16 U.S.C. 
     558a, 558d, 558a note); and (f) for debt collection contracts 
     in accordance with 31 U.S.C. 3718(c).
       None of the funds made available under this Act shall be 
     obligated or expended to change the boundaries of any region, 
     to abolish any region, to move or close any regional office 
     for research, State and private forestry, or National Forest 
     System administration of the Forest Service, Department of 
     Agriculture, or to implement any reorganization, 
     ``reinvention'' or other type of organizational restructuring 
     of the Forest Service, other than the relocation of the 
     Regional Office for Region 5 of the Forest Service from San 
     Francisco to excess military property at Mare Island, 
     Vallejo, California, without the consent of the House and 
     Senate Committees on Appropriations and the Committee on 
     Agriculture, Nutrition, and Forestry and the Committee on 
     Energy and Natural Resources in the United States Senate and 
     the Committee on Agriculture and the Committee on Resources 
     in the United States House of Representatives.
       Any appropriations or funds available to the Forest Service 
     may be advanced to the Fire and Emergency Suppression 
     appropriation and may be used for forest firefighting and the 
     emergency rehabilitation of burned-over lands under its 
     jurisdiction: Provided, That no funds shall be made available 
     under this authority until funds appropriated to the 
     ``Emergency Forest Service Firefighting Fund'' shall have 
     been exhausted.
       Any funds available to the Forest Service may be used for 
     retrofitting Mare Island facilities to accommodate the 
     relocation: Provided, That funds for the move must come from 
     funds otherwise available to Region 5: Provided further, That 
     any funds to be provided for such purposes shall only be 
     available upon approval of the House and Senate Committees on 
     Appropriations.
       Funds appropriated to the Forest Service shall be available 
     for assistance to or through the Agency for International 
     Development and the Foreign Agricultural Service in 
     connection with forest and rangeland research, technical 
     information, and assistance in foreign countries, and shall 
     be available to support forestry and related natural resource 
     activities outside the United States and its territories and 
     possessions, including technical assistance, education and 
     training, and cooperation with United States and 
     international organizations.
       None of the funds made available to the Forest Service 
     under this Act shall be subject to transfer under the 
     provisions of section 702(b) of the Department of Agriculture 
     Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless 
     the proposed transfer is approved in advance by the House and 
     Senate Committees on Appropriations in compliance with the 
     reprogramming procedures contained in House Report 103-551.
       No funds appropriated to the Forest Service shall be 
     transferred to the Working Capital Fund of the Department of 
     Agriculture without the approval of the Chief of the Forest 
     Service.
       Notwithstanding any other provision of law, any 
     appropriations or funds available to the Forest Service may 
     be used to disseminate program information to private and 
     public individuals and organizations through the use of 
     nonmonetary items of nominal value and to provide nonmonetary 
     awards of nominal value and to incur necessary expenses for 
     the nonmonetary recognition of private individuals and 
     organizations that make contributions to Forest Service 
     programs.
       Notwithstanding any other provision of law, money 
     collected, in advance or otherwise, by the Forest Service 
     under authority of section 101 of Public Law 93-153 (30 
     U.S.C. 185(1)) as reimbursement of administrative and other 
     costs incurred in processing pipeline right-of-way or permit 
     applications and for costs incurred in monitoring the 
     construction, operation, maintenance, and termination of any 
     pipeline and related facilities, may be used to reimburse the 
     applicable appropriation to which such costs were originally 
     charged.

[[Page H1907]]

       Funds available to the Forest Service shall be available to 
     conduct a program of not less than $1,000,000 for high 
     priority projects within the scope of the approved budget 
     which shall be carried out by the Youth Conservation Corps as 
     authorized by the Act of August 13, 1970, as amended by 
     Public Law 93-408.
       None of the funds available in this Act shall be used for 
     timber sale preparation using clearcutting in hardwood stands 
     in excess of 25 percent of the fiscal year 1989 harvested 
     volume in the Wayne National Forest, Ohio: Provided, That 
     this limitation shall not apply to hardwood stands damaged by 
     natural disaster: Provided further, That landscape architects 
     shall be used to maintain a visually pleasing forest.
       Any money collected from the States for fire suppression 
     assistance rendered by the Forest Service on non-Federal 
     lands not in the vicinity of National Forest System lands 
     shall be used to reimburse the applicable appropriation and 
     shall remain available until expended as the Secretary may 
     direct in conducting activities authorized by 16 U.S.C. 2101 
     (note), 2101-2110, 1606, and 2111.
       Of the funds available to the Forest Service, $1,500 is 
     available to the Chief of the Forest Service for official 
     reception and representation expenses.
       Notwithstanding any other provision of law, the Forest 
     Service is authorized to employ or otherwise contract with 
     persons at regular rates of pay, as determined by the 
     Service, to perform work occasioned by emergencies such as 
     fires, storms, floods, earthquakes or any other unavoidable 
     cause without regard to Sundays, Federal holidays, and the 
     regular workweek.
       To the greatest extent possible, and in accordance with the 
     Final Amendment to the Shawnee National Forest Plan, none of 
     the funds available in this Act shall be used for preparation 
     of timber sales using clearcutting or other forms of even 
     aged management in hardwood stands in the Shawnee National 
     Forest, Illinois.
       Funds appropriated to the Forest Service shall be available 
     for interactions with and providing technical assistance to 
     rural communities for sustainable rural development purposes.
       Notwithstanding any other provision of law, eighty percent 
     of the funds appropriated to the Forest Service in the 
     National Forest System and Construction accounts and planned 
     to be allocated to activities under the ``Jobs in the Woods'' 
     program for projects on National Forest land in the State of 
     Washington may be granted directly to the Washington State 
     Department of Fish and Wildlife for accomplishment of planned 
     projects. Twenty percent of said funds shall be retained by 
     the Forest Service for planning and administering projects. 
     Project selection and prioritization shall be accomplished by 
     the Forest Service with such consultation with the State of 
     Washington as the Forest Service deems appropriate.
       For one year after enactment of this Act, the Secretary 
     shall continue the current Tongass Land Management Plan 
     (TLMP) and may accommodate commercial tourism (if an 
     agreement is signed between the Forest Service and the Alaska 
     Visitors' Association) except that during this period, the 
     Secretary shall maintain at least the number of acres of 
     suitable available and suitable scheduled timber lands, and 
     Allowable Sale Quantity, as identified in the Preferred 
     Alternative (Alternative P) in the Tongass Land and Resources 
     Management Plan and Final Environmental Impact Statement 
     (dated October 1992) as selected in the Record of Decision 
     Review Draft #3-2/93.
       Nothing in this section shall be interpreted to mandate 
     clear-cutting or require the sale of timber and nothing in 
     this section, including the ASQ identified in Alternative P, 
     shall be construed to limit the Secretary's consideration of 
     new information or prejudice future revision, amendment or 
     modification of TLMP based upon sound, verifiable scientific 
     data.
       If the Forest Service determines in a Supplemental 
     Evaluation to an Environmental Impact Statement that no 
     additional analysis under the National Environmental Policy 
     Act or section 810 of the Alaska National Interest Lands 
     Conservation Act is necessary for any timber sale or offering 
     which has been prepared for acceptance by, or award to, a 
     purchaser after December 31, 1988, that has been subsequently 
     determined by the Forest Service to be available for sale or 
     offering to one or more other purchaser, the change of 
     purchasers for whatever reason shall not be considered a 
     significant new circumstance, and the Forest Service may 
     offer or award such timber sale or offering to a different 
     purchaser or offeree, notwithstanding any other provision of 
     law. A determination by the Forest Service pursuant to this 
     paragraph shall not be subject to judicial review.
       None of the funds appropriated under this Act for the 
     Forest Service shall be made available for the purpose of 
     applying paint to rocks, or rock colorization: Provided, That 
     notwithstanding any other provision of law, the Forest 
     Service shall not require of any individual or entity, as 
     part of any permitting process under its authority, or as a 
     requirement of compliance with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4231 et seq.), the painting or 
     colorization of rocks.

                          DEPARTMENT OF ENERGY

                 fossil energy research and development

       For necessary expenses in carrying out fossil energy 
     research and development activities, under the authority of 
     the Department of Energy Organization Act (Public Law 95-91), 
     including the acquisition of interest, including defeasible 
     and equitable interests in any real property or any facility 
     or for plant or facility acquisition or expansion, and for 
     promoting health and safety in mines and the mineral industry 
     through research (30 U.S.C. 3, 861(b), and 951(a)), for 
     conducting inquiries, technological investigations and 
     research concerning the extraction, processing, use, and 
     disposal of mineral substances without objectionable social 
     and environmental costs (30 U.S.C. 3, 1602, and 1603), and 
     for the development of methods for the disposal, control, 
     prevention, and reclamation of waste products in the mining, 
     minerals, metal, and mineral reclamation industries (30 
     U.S.C. 3 and 21a), $416,943,000, to remain available until 
     expended: Provided, That no part of the sum herein made 
     available shall be used for the field testing of nuclear 
     explosives in the recovery of oil and gas.

                      alternative fuels production


                     (including transfer of funds)

       Monies received as investment income on the principal 
     amount in the Great Plains Project Trust at the Norwest Bank 
     of North Dakota, in such sums as are earned as of October 1, 
     1995, shall be deposited in this account and immediately 
     transferred to the General Fund of the Treasury. Monies 
     received as revenue sharing from the operation of the Great 
     Plains Gasification Plant shall be immediately transferred to 
     the General Fund of the Treasury.

                 naval petroleum and oil shale reserves

       For necessary expenses in carrying out naval petroleum and 
     oil shale reserve activities, $148,786,000, to remain 
     available until expended: Provided, That the requirements of 
     10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal year 1996: 
     Provided further, That section 501 of Public Law 101-45 is 
     hereby repealed.

                          energy conservation

       For necessary expenses in carrying out energy conservation 
     activities, $553,137,000, to remain available until expended, 
     including, notwithstanding any other provision of law, the 
     excess amount for fiscal year 1996 determined under the 
     provisions of section 3003(d) of Public Law 99-509 (15 U.S.C. 
     4502), and of which $16,000,000 shall be derived from 
     available unobligated balances in the Biomass Energy 
     Development account: Provided, That $140,696,000 shall be for 
     use in energy conservation programs as defined in section 
     3008(3) of Public Law 99-509 (15 U.S.C. 4507) and shall not 
     be available until excess amounts are determined under the 
     provisions of section 3003(d) of Public Law 99-509 (15 U.S.C. 
     4502): Provided further, That notwithstanding section 
     3003(d)(2) of Public Law 99-509 such sums shall be allocated 
     to the eligible programs as follows: $114,196,000 for the 
     weatherization assistance program and $26,500,000 for the 
     State energy conservation program.

                          economic regulation

       For necessary expenses in carrying out the activities of 
     the Economic Regulatory Administration and the Office of 
     Hearings and Appeals, $6,297,000, to remain available until 
     expended.

                      strategic petroleum reserve


                     (including transfer of funds)

       For necessary expenses for Strategic Petroleum Reserve 
     facility development and operations and program management 
     activities pursuant to the Energy Policy and Conservation Act 
     of 1975, as amended (42 U.S.C. 6201 et seq.), $287,000,000, 
     to remain available until expended, of which $187,000,000 
     shall be derived by transfer of unobligated balances from the 
     ``SPR petroleum account'' and $100,000,000 shall be derived 
     by transfer from the ``SPR Decommissioning Fund'': Provided, 
     That notwithstanding section 161 of the Energy Policy and 
     Conservation Act, the Secretary shall draw down and sell up 
     to seven million barrels of oil from the Strategic Petroleum 
     Reserve: Provided further, That the proceeds from the sale 
     shall be deposited into a special account in the Treasury, to 
     be established and known as the ``SPR Decommissioning Fund'', 
     and shall be available for the purpose of removal of oil from 
     and decommissioning of the Weeks Island site and for other 
     purposes related to the operations of the Strategic Petroleum 
     Reserve.

                         spr petroleum account

       Notwithstanding 42 U.S.C. 6240(d) the United States share 
     of crude oil in Naval Petroleum Reserve Numbered 1 (Elk 
     Hills) may be sold or otherwise disposed of to other than the 
     Strategic Petroleum Reserve: Provided, That outlays in fiscal 
     year 1996 resulting from the use of funds in this account 
     shall not exceed $5,000,000.

                   energy information administration

       For necessary expenses in carrying out the activities of 
     the Energy Information Administration, $72,266,000, to remain 
     available until expended: Provided, That notwithstanding 
     section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 
     353(d)) or any other provision of law, funds appropriated 
     under this heading hereafter may be used to enter into a 
     contract for end use consumption surveys for a term not to 
     exceed eight years: Provided further, That notwithstanding 
     any other provision of law, hereafter the Manufacturing 
     Energy Consumption Survey shall be conducted on a triennial 
     basis.

            administrative provisions, department of energy

       Appropriations under this Act for the current fiscal year 
     shall be available for hire of passenger motor vehicles; 
     hire, maintenance,

[[Page H1908]]

     and operation of aircraft; purchase, repair, and cleaning of 
     uniforms; and reimbursement to the General Services 
     Administration for security guard services.
       From appropriations under this Act, transfers of sums may 
     be made to other agencies of the Government for the 
     performance of work for which the appropriation is made.
       None of the funds made available to the Department of 
     Energy under this Act shall be used to implement or finance 
     authorized price support or loan guarantee programs unless 
     specific provision is made for such programs in an 
     appropriations Act.
       The Secretary is authorized to accept lands, buildings, 
     equipment, and other contributions from public and private 
     sources and to prosecute projects in cooperation with other 
     agencies, Federal, State, private, or foreign: Provided, That 
     revenues and other moneys received by or for the account of 
     the Department of Energy or otherwise generated by sale of 
     products in connection with projects of the Department 
     appropriated under this Act may be retained by the Secretary 
     of Energy, to be available until expended, and used only for 
     plant construction, operation, costs, and payments to cost-
     sharing entities as provided in appropriate cost-sharing 
     contracts or agreements: Provided further, That the remainder 
     of revenues after the making of such payments shall be 
     covered into the Treasury as miscellaneous receipts: Provided 
     further, That any contract, agreement, or provision thereof 
     entered into by the Secretary pursuant to this authority 
     shall not be executed prior to the expiration of 30 calendar 
     days (not including any day in which either House of Congress 
     is not in session because of adjournment of more than three 
     calendar days to a day certain) from the receipt by the 
     Speaker of the House of Representatives and the President of 
     the Senate of a full comprehensive report on such project, 
     including the facts and circumstances relied upon in support 
     of the proposed project.
       No funds provided in this Act may be expended by the 
     Department of Energy to prepare, issue, or process 
     procurement documents for programs or projects for which 
     appropriations have not been made.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

       For expenses necessary to carry out the Act of August 5, 
     1954 (68 Stat. 674), the Indian Self-Determination Act, the 
     Indian Health Care Improvement Act, and titles II and III of 
     the Public Health Service Act with respect to the Indian 
     Health Service, $1,747,842,000, together with payments 
     received during the fiscal year pursuant to 42 U.S.C. 300aaa-
     2 for services furnished by the Indian Health Service: 
     Provided, That funds made available to tribes and tribal 
     organizations through contracts, grant agreements, or any 
     other agreements or compacts authorized by the Indian Self-
     Determination and Education Assistance Act of 1975 (88 Stat. 
     2203; 25 U.S.C. 450), shall be deemed to be obligated at the 
     time of the grant or contract award and thereafter shall 
     remain available to the tribe or tribal organization without 
     fiscal year limitation: Provided further, That $12,000,000 
     shall remain available until expended, for the Indian 
     Catastrophic Health Emergency Fund: Provided further, That 
     $350,564,000 for contract medical care shall remain available 
     for obligation until September 30, 1997: Provided further, 
     That of the funds provided, not less than $11,306,000 shall 
     be used to carry out the loan repayment program under section 
     108 of the Indian Health Care Improvement Act, as amended: 
     Provided further, That funds provided in this Act may be used 
     for one-year contracts and grants which are to be performed 
     in two fiscal years, so long as the total obligation is 
     recorded in the year for which the funds are appropriated: 
     Provided further, That the amounts collected by the Secretary 
     of Health and Human Services under the authority of title IV 
     of the Indian Health Care Improvement Act shall be available 
     for two fiscal years after the fiscal year in which they were 
     collected, for the purpose of achieving compliance with the 
     applicable conditions and requirements of titles XVIII and 
     XIX of the Social Security Act (exclusive of planning, 
     design, or construction of new facilities): Provided further, 
     That of the funds provided, $7,500,000 shall remain available 
     until expended, for the Indian Self-Determination Fund, which 
     shall be available for the transitional costs of initial or 
     expanded tribal contracts, grants or cooperative agreements 
     with the Indian Health Service under the provisions of the 
     Indian Self-Determination Act: Provided further, That funding 
     contained herein, and in any earlier appropriations Acts for 
     scholarship programs under the Indian Health Care Improvement 
     Act (25 U.S.C. 1613) shall remain available for obligation 
     until September 30, 1997: Provided further, That amounts 
     received by tribes and tribal organizations under title IV of 
     the Indian Health Care Improvement Act, as amended, shall be 
     reported and accounted for and available to the receiving 
     tribes and tribal organizations until expended.

                        indian health facilities

       For construction, repair, maintenance, improvement, and 
     equipment of health and related auxiliary facilities, 
     including quarters for personnel; preparation of plans, 
     specifications, and drawings; acquisition of sites, purchase 
     and erection of modular buildings, and purchases of trailers; 
     and for provision of domestic and community sanitation 
     facilities for Indians, as authorized by section 7 of the Act 
     of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
     Determination Act and the Indian Health Care Improvement Act, 
     and for expenses necessary to carry out the Act of August 5, 
     1954 (68 Stat. 674), the Indian Self-Determination Act, the 
     Indian Health Care Improvement Act, and titles II and III of 
     the Public Health Service Act with respect to environmental 
     health and facilities support activities of the Indian Health 
     Service, $238,958,000, to remain available until expended: 
     Provided, That notwithstanding any other provision of law, 
     funds appropriated for the planning, design, construction or 
     renovation of health facilities for the benefit of an Indian 
     tribe or tribes may be used to purchase land for sites to 
     construct, improve, or enlarge health or related facilities.

            administrative provisions, indian health service

       Appropriations in this Act to the Indian Health Service 
     shall be available for services as authorized by 5 U.S.C. 
     3109 but at rates not to exceed the per diem rate equivalent 
     to the maximum rate payable for senior-level positions under 
     5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; 
     purchase of medical equipment; purchase of reprints; 
     purchase, renovation and erection of modular buildings and 
     renovation of existing facilities; payments for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and for uniforms 
     or allowances therefor as authorized by law (5 U.S.C. 5901-
     5902); and for expenses of attendance at meetings which are 
     concerned with the functions or activities for which the 
     appropriation is made or which will contribute to improved 
     conduct, supervision, or management of those functions or 
     activities: Provided, That in accordance with the provisions 
     of the Indian Health Care Improvement Act, non-Indian 
     patients may be extended health care at all tribally 
     administered or Indian Health Service facilities, subject to 
     charges, and the proceeds along with funds recovered under 
     the Federal Medical Care Recovery Act (42 U.S.C. 2651-53) 
     shall be credited to the account of the facility providing 
     the service and shall be available without fiscal year 
     limitation: Provided further, That notwithstanding any other 
     law or regulation, funds transferred from the Department of 
     Housing and Urban Development to the Indian Health Service 
     shall be administered under Public Law 86-121 (the Indian 
     Sanitation Facilities Act) and Public Law 93-638, as amended: 
     Provided further, That funds appropriated to the Indian 
     Health Service in this Act, except those used for 
     administrative and program direction purposes, shall not be 
     subject to limitations directed at curtailing Federal travel 
     and transportation: Provided further, That the Indian Health 
     Service shall neither bill nor charge those Indians who may 
     have the economic means to pay unless and until such time as 
     Congress has agreed upon a specific policy to do so and has 
     directed the Indian Health Service to implement such a 
     policy: Provided further, That, notwithstanding any other 
     provision of law, funds previously or herein made available 
     to a tribe or tribal organization through a contract, grant 
     or agreement authorized by title I of the Indian Self-
     Determination and Education Assistance Act of 1975 (88 Stat. 
     2203; 25 U.S.C. 450), may be deobligated and reobligated to a 
     self-governance funding agreement under title III of the 
     Indian Self-Determination and Education Assistance Act of 
     1975 and thereafter shall remain available to the tribe or 
     tribal organization without fiscal year limitation: Provided 
     further, That none of the funds made available to the Indian 
     Health Service in this Act shall be used to implement the 
     final rule published in the Federal Register on September 16, 
     1987, by the Department of Health and Human Services, 
     relating to eligibility for the health care services of the 
     Indian Health Service until the Indian Health Service has 
     submitted a budget request reflecting the increased costs 
     associated with the proposed final rule, and such request has 
     been included in an appropriations Act and enacted into law: 
     Provided further, That funds made available in this Act are 
     to be apportioned to the Indian Health Service as 
     appropriated in this Act, and accounted for in the 
     appropriation structure set forth in this Act: Provided 
     further, That the appropriation structure for the Indian 
     Health Service may not be altered without advance approval of 
     the House and Senate Committees on Appropriations.

                        DEPARTMENT OF EDUCATION

              Office of Elementary and Secondary Education

                            indian education

       For necessary expenses to carry out, to the extent not 
     otherwise provided, title IX, part A, subpart 1 of the 
     Elementary and Secondary Education Act of 1965, as amended, 
     and section 215 of the Department of Education Organization 
     Act, $52,500,000.

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

       For necessary expenses of the Office of Navajo and Hopi 
     Indian Relocation as authorized by Public Law 93-531, 
     $20,345,000, to remain available until expended: Provided, 
     That funds provided in this or any other appropriations Act 
     are to be used to relocate eligible individuals and groups 
     including evictees from District 6, Hopi-partitioned lands 
     residents, those in significantly substandard housing, and 
     all others certified as

[[Page H1909]]

     eligible and not included in the preceding categories: 
     Provided further, That none of the funds contained in this or 
     any other Act may be used by the Office of Navajo and Hopi 
     Indian Relocation to evict any single Navajo or Navajo family 
     who, as of November 30, 1985, was physically domiciled on the 
     lands partitioned to the Hopi Tribe unless a new or 
     replacement home is provided for such household: Provided 
     further, That no relocatee will be provided with more than 
     one new or replacement home: Provided further, That the 
     Office shall relocate any certified eligible relocatees who 
     have selected and received an approved homesite on the Navajo 
     reservation or selected a replacement residence off the 
     Navajo reservation or on the land acquired pursuant to 25 
     U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        payment to the institute

       For payment to the Institute of American Indian and Alaska 
     Native Culture and Arts Development, as authorized by title 
     XV of Public Law 99-498 (20 U.S.C. 4401 et seq.), $5,500,000.

                        Smithsonian Institution

                         salaries and expenses

       For necessary expenses of the Smithsonian Institution, as 
     authorized by law, including research in the fields of art, 
     science, and history; development, preservation, and 
     documentation of the National Collections; presentation of 
     public exhibits and performances; collection, preparation, 
     dissemination, and exchange of information and publications; 
     conduct of education, training, and museum assistance 
     programs; maintenance, alteration, operation, lease (for 
     terms not to exceed thirty years), and protection of 
     buildings, facilities, and approaches; not to exceed $100,000 
     for services as authorized by 5 U.S.C. 3109; up to 5 
     replacement passenger vehicles; purchase, rental, repair, and 
     cleaning of uniforms for employees; $308,188,000, of which 
     not to exceed $30,472,000 for the instrumentation program, 
     collections acquisition, Museum Support Center equipment and 
     move, exhibition reinstallation, the National Museum of the 
     American Indian, the repatriation of skeletal remains 
     program, research equipment, information management, and 
     Latino programming shall remain available until expended and, 
     including such funds as may be necessary to support American 
     overseas research centers and a total of $125,000 for the 
     Council of American Overseas Research Centers: Provided, That 
     funds appropriated herein are available for advance payments 
     to independent contractors performing research services or 
     participating in official Smithsonian presentations.

        construction and improvements, national zoological park

       For necessary expenses of planning, construction, 
     remodeling, and equipping of buildings and facilities at the 
     National Zoological Park, by contract or otherwise, 
     $3,250,000, to remain available until expended.

                  repair and restoration of buildings

       For necessary expenses of repair and restoration of 
     buildings owned or occupied by the Smithsonian Institution, 
     by contract or otherwise, as authorized by section 2 of the 
     Act of August 22, 1949 (63 Stat. 623), including not to 
     exceed $10,000 for services as authorized by 5 U.S.C. 3109, 
     $33,954,000, to remain available until expended: Provided, 
     That contracts awarded for environmental systems, protection 
     systems, and exterior repair or restoration of buildings of 
     the Smithsonian Institution may be negotiated with selected 
     contractors and awarded on the basis of contractor 
     qualifications as well as price.

                              construction

       For necessary expenses for construction, $27,700,000, to 
     remain available until expended.

                        National Gallery of Art


                         salaries and expenses

       For the upkeep and operations of the National Gallery of 
     Art, the protection and care of the works of art therein, and 
     administrative expenses incident thereto, as authorized by 
     the Act of March 24, 1937 (50 Stat. 51), as amended by the 
     public resolution of April 13, 1939 (Public Resolution 9, 
     Seventy-sixth Congress), including services as authorized by 
     5 U.S.C. 3109; payment in advance when authorized by the 
     treasurer of the Gallery for membership in library, museum, 
     and art associations or societies whose publications or 
     services are available to members only, or to members at a 
     price lower than to the general public; purchase, repair, and 
     cleaning of uniforms for guards, and uniforms, or allowances 
     therefor, for other employees as authorized by law (5 U.S.C. 
     5901-5902); purchase or rental of devices and services for 
     protecting buildings and contents thereof, and maintenance, 
     alteration, improvement, and repair of buildings, approaches, 
     and grounds; and purchase of services for restoration and 
     repair of works of art for the National Gallery of Art by 
     contracts made, without advertising, with individuals, firms, 
     or organizations at such rates or prices and under such terms 
     and conditions as the Gallery may deem proper, $51,844,000, 
     of which not to exceed $3,026,000 for the special exhibition 
     program shall remain available until expended.


            repair, restoration and renovation of buildings

       For necessary expenses of repair, restoration and 
     renovation of buildings, grounds and facilities owned or 
     occupied by the National Gallery of Art, by contract or 
     otherwise, as authorized, $6,442,000, to remain available 
     until expended: Provided, That contracts awarded for 
     environmental systems, protection systems, and exterior 
     repair or renovation of buildings of the National Gallery of 
     Art may be negotiated with selected contractors and awarded 
     on the basis of contractor qualifications as well as price.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

       For necessary expenses for the operation, maintenance and 
     security of the John F. Kennedy Center for the Performing 
     Arts, $10,323,000: Provided, That 40 U.S.C. 193n is hereby 
     amended by striking the word ``and'' after the word 
     ``Institution'' and inserting in lieu thereof a comma, and by 
     inserting ``and the Trustees of the John F. Kennedy Center 
     for the Performing Arts,'' after the word ``Art,''.

                              construction

       For necessary expenses of capital repair and rehabilitation 
     of the existing features of the building and site of the John 
     F. Kennedy Center for the Performing Arts, $8,983,000, to 
     remain available until expended.

            Woodrow Wilson International Center for Scholars


                         salaries and expenses

       For expenses necessary in carrying out the provisions of 
     the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) 
     including hire of passenger vehicles and services as 
     authorized by 5 U.S.C. 3109, $5,840,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $82,259,000, shall be available to the National Endowment for 
     the Arts for the support of projects and productions in the 
     arts through assistance to groups and individuals pursuant to 
     section 5(c) of the Act, and for administering the functions 
     of the Act, to remain available until September 30, 1997.


                            matching grants

       To carry out the provisions of section 10(a)(2) of the 
     National Foundation on the Arts and the Humanities Act of 
     1965, as amended, $17,235,000, to remain available until 
     September 30, 1997, to the National Endowment for the Arts, 
     of which $7,500,000 shall be available for purposes of 
     section 5(p)(1): Provided, That this appropriation shall be 
     available for obligation only in such amounts as may be equal 
     to the total amounts of gifts, bequests, and devises of 
     money, and other property accepted by the Chairman or by 
     grantees of the Endowment under the provisions of section 
     10(a)(2), subsections 11(a)(2)(A) and 11(a)(3)(A) during the 
     current and preceding fiscal years for which equal amounts 
     have not previously been appropriated.

                 National Endowment for the Humanities


                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $94,000,000, shall be available to the National Endowment for 
     the Humanities for support of activities in the humanities, 
     pursuant to section 7(c) of the Act, and for administering 
     the functions of the Act, to remain available until September 
     30, 1997.


                            matching grants

       To carry out the provisions of section 10(a)(2) of the 
     National Foundation on the Arts and the Humanities Act of 
     1965, as amended, $16,000,000, to remain available until 
     September 30, 1997, of which $10,000,000 shall be available 
     to the National Endowment for the Humanities for the purposes 
     of section 7(h): Provided, That this appropriation shall be 
     available for obligation only in such amounts as may be equal 
     to the total amounts of gifts, bequests, and devises of 
     money, and other property accepted by the Chairman or by 
     grantees of the Endowment under the provisions of subsections 
     11(a)(2)(B) and 11(a)(3)(B) during the current and preceding 
     fiscal years for which equal amounts have not previously been 
     appropriated.

                      Institute of Museum Services

                       grants and administration

       For carrying out title II of the Arts, Humanities, and 
     Cultural Affairs Act of 1976, as amended, $21,000,000, to 
     remain available until September 30, 1997.

                       administrative provisions

       None of the funds appropriated to the National Foundation 
     on the Arts and the Humanities may be used to process any 
     grant or contract documents which do not include the text of 
     18 U.S.C. 1913: Provided, That none of the funds appropriated 
     to the National Foundation on the Arts and the Humanities may 
     be used for official reception and representation expenses.

                        Commission of Fine Arts

                         salaries and expenses

       For expenses made necessary by the Act establishing a 
     Commission of Fine Arts (40 U.S.C. 104), $834,000.

               national capital arts and cultural affairs

       For necessary expenses as authorized by Public Law 99-190 
     (99 Stat. 1261; 20 U.S.C. 956(a)), as amended, $6,000,000.

[[Page H1910]]

               Advisory Council on Historic Preservation

                         salaries and expenses

       For expenses necessary for the Advisory Council on Historic 
     Preservation, $2,500,000.

                  National Capital Planning Commission

                         salaries and expenses

       For necessary expenses, as authorized by the National 
     Capital Planning Act of 1952 (40 U.S.C. 71-71i), including 
     services as authorized by 5 U.S.C. 3109, $5,090,000: 
     Provided, That all appointed members will be compensated at a 
     rate not to exceed the rate for Executive Schedule Level IV.

             Franklin Delano Roosevelt Memorial Commission

                         salaries and expenses

       For necessary expenses of the Franklin Delano Roosevelt 
     Memorial Commission, established by the Act of August 11, 
     1955 (69 Stat. 694), as amended by Public Law 92-332 (86 
     Stat. 401), $147,000, to remain available until September 30, 
     1997.

              Pennsylvania Avenue Development Corporation

                           public development

       Funds made available under this heading in prior years 
     shall be available for operating and administrative expenses 
     and for the orderly closure of the Corporation, as well as 
     operating and administrative expenses for the functions 
     transferred to the General Services Administration.

                United States Holocaust Memorial Council

                       holocaust memorial council

       For expenses of the Holocaust Memorial Council, as 
     authorized by Public Law 96-388, as amended, $28,707,000; of 
     which $1,575,000 for the Museum's repair and rehabilitation 
     program and $1,264,000 for the Museum's exhibition program 
     shall remain available until expended.

                     TITLE III--GENERAL PROVISIONS

       Sec. 301. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 302. No part of any appropriation under this Act shall 
     be available to the Secretary of the Interior or the 
     Secretary of Agriculture for the leasing of oil and natural 
     gas by noncompetitive bidding on publicly owned lands within 
     the boundaries of the Shawnee National Forest, Illinois: 
     Provided, That nothing herein is intended to inhibit or 
     otherwise affect the sale, lease, or right to access to 
     minerals owned by private individuals.
       Sec. 303. No part of any appropriation contained in this 
     Act shall be available for any activity or the publication or 
     distribution of literature that in any way tends to promote 
     public support or opposition to any legislative proposal on 
     which congressional action is not complete.
       Sec. 304. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 305. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     provide a personal cook, chauffeur, or other personal 
     servants to any officer or employee of such department or 
     agency except as otherwise provided by law.
       Sec. 306. No assessments may be levied against any program, 
     budget activity, subactivity, or project funded by this Act 
     unless notice of such assessments and the basis therefor are 
     presented to the Committees on Appropriations and are 
     approved by such Committees.
       Sec. 307. (a) Compliance With Buy American Act.--None of 
     the funds made available in this Act may be expended by an 
     entity unless the entity agrees that in expending the funds 
     the entity will comply with sections 2 through 4 of the Act 
     of March 3, 1933 (41 U.S.C. 10a-10c; popularly known as the 
     ``Buy American Act'').
       (b) Sense of Congress; Requirement Regarding Notice.--
       (1) Purchase of american-made equipment and products.--In 
     the case of any equipment or product that may be authorized 
     to be purchased with financial assistance provided using 
     funds made available in this Act, it is the sense of the 
     Congress that entities receiving the assistance should, in 
     expending the assistance, purchase only American-made 
     equipment and products.
       (2) Notice to recipients of assistance.--In providing 
     financial assistance using funds made available in this Act, 
     the head of each Federal agency shall provide to each 
     recipient of the assistance a notice describing the statement 
     made in paragraph (1) by the Congress.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 308. None of the funds in this Act may be used to 
     plan, prepare, or offer for sale timber from trees classified 
     as giant sequoia (sequoiadendron giganteum) which are located 
     on National Forest System or Bureau of Land Management lands 
     in a manner different than such sales were conducted in 
     fiscal year 1995.
       Sec. 309. None of the funds made available by this Act may 
     be obligated or expended by the National Park Service to 
     enter into or implement a concession contract which permits 
     or requires the removal of the underground lunchroom at the 
     Carlsbad Caverns National Park.
       Sec. 310. Where the actual costs of construction projects 
     under self-determination contracts, compacts, or grants, 
     pursuant to Public Laws 93-638, 103-413, or 100-297, are less 
     than the estimated costs thereof, use of the resulting excess 
     funds shall be determined by the appropriate Secretary after 
     consultation with the tribes.
       Sec. 311. Notwithstanding Public Law 103-413, quarterly 
     payments of funds to tribes and tribal organizations under 
     annual funding agreements pursuant to section 108 of Public 
     Law 93-638, as amended, may be made on the first business day 
     following the first day of a fiscal quarter.
       Sec. 312. None of the funds appropriated or otherwise made 
     available by this Act may be used for the AmeriCorps program, 
     unless the relevant agencies of the Department of the 
     Interior and/or Agriculture follow appropriate reprogramming 
     guidelines: Provided, That if no funds are provided for the 
     AmeriCorps program by the VA-HUD and Independent Agencies 
     fiscal year 1996 appropriations bill, then none of the funds 
     appropriated or otherwise made available by this Act may be 
     used for the AmeriCorps programs.
       Sec. 313. (a) On or before April 1, 1996, the Pennsylvania 
     Avenue Development Corporation shall--
       (1) transfer and assign in accordance with this section all 
     of its rights, title, and interest in and to all of the 
     leases, covenants, agreements, and easements it has executed 
     or will execute by March 31, 1996, in carrying out its powers 
     and duties under the Pennsylvania Avenue Development 
     Corporation Act (40 U.S.C. 871-885) and the Federal Triangle 
     Development Act (40 U.S.C. 1101-1109) to the General Services 
     Administration, National Capital Planning Commission, or the 
     National Park Service; and
       (2) except as provided by subsection (d), transfer all 
     rights, title, and interest in and to all property, both real 
     and personal, held in the name of the Pennsylvania Avenue 
     Development Corporation to the General Services 
     Administration.
       (b) The responsibilities of the Pennsylvania Avenue 
     Development Corporation transferred to the General Services 
     Administration under subsection (a) include, but are not 
     limited to, the following:
       (1) Collection of revenue owed the Federal Government as a 
     result of real estate sales or lease agreements entered into 
     by the Pennsylvania Avenue Development Corporation and 
     private parties, including, at a minimum, with respect to the 
     following projects:
       (A) The Willard Hotel property on Square 225.
       (B) The Gallery Row project on Square 457.
       (C) The Lansburgh's project on Square 431.
       (D) The Market Square North project on Square 407.
       (2) Collection of sale or lease revenue owed the Federal 
     Government (if any) in the event two undeveloped sites owned 
     by the Pennsylvania Avenue Development Corporation on Squares 
     457 and 406 are sold or leased prior to April 1, 1996.
       (3) Application of collected revenue to repay United States 
     Treasury debt incurred by the Pennsylvania Avenue Development 
     Corporation in the course of acquiring real estate.
       (4) Performing financial audits for projects in which the 
     Pennsylvania Avenue Development Corporation has actual or 
     potential revenue expectation, as identified in paragraphs 
     (1) and (2), in accordance with procedures described in 
     applicable sale or lease agreements.
       (5) Disposition of real estate properties which are or 
     become available for sale and lease or other uses.
       (6) Payment of benefits in accordance with the Uniform 
     Relocation Assistance and Real Property Acquisitions Policies 
     Act of 1970 to which persons in the project area squares are 
     entitled as a result of the Pennsylvania Avenue Development 
     Corporation's acquisition of real estate.
       (7) Carrying out the responsibilities of the Pennsylvania 
     Avenue Development Corporation under the Federal Triangle 
     Development Act (40 U.S.C. 1101-1109), including 
     responsibilities for managing assets and liabilities of the 
     Corporation under such Act.
       (c) In carrying out the responsibilities of the 
     Pennsylvania Avenue Development Corporation transferred under 
     this section, the Administrator of the General Services 
     Administration shall have the following powers:
       (1) To acquire lands, improvements, and properties by 
     purchase, lease or exchange, and to sell, lease, or otherwise 
     dispose of real or personal property as necessary to complete 
     the development plan developed under section 5 of the 
     Pennsylvania Avenue Development Corporation Act of 1972 (40 
     U.S.C. 874) if a notice of intention to carry out such 
     acquisition or disposal is first transmitted to

[[Page H1911]]

     the Committee on Transportation and Infrastructure and the 
     Committee on Appropriations of the House of Representatives 
     and the Committee on Environment and Public Works and the 
     Committee on Appropriations of the Senate and at least 60 
     days elapse after the date of such transmission.
       (2) To modify from time to time the plan referred to in 
     paragraph (1) if such modification is first transmitted to 
     the Committee on Transportation and Infrastructure and the 
     Committee on Appropriations of the House of Representatives 
     and the Committee on Environment and Public Works and the 
     Committee on Appropriations of the Senate and at least 60 
     days elapse after the date of such transmission.
       (3) To maintain any existing Pennsylvania Avenue 
     Development Corporation insurance programs.
       (4) To enter into and perform such leases, contracts, or 
     other transactions with any agency or instrumentality of the 
     United States, the several States, or the District of 
     Columbia or with any person, firm, association, or 
     corporation as may be necessary to carry out the 
     responsibilities of the Pennsylvania Avenue Development 
     Corporation under the Federal Triangle Development Act (40 
     U.S.C. 1101-1109).
       (5) To request the Council of the District of Columbia to 
     close any alleys necessary for the completion of development 
     in Square 457.
       (6) To use all of the funds transferred from the 
     Pennsylvania Avenue Development Corporation or income earned 
     on Pennsylvania Avenue Development Corporation property to 
     complete any pending development projects.
       (d)(1)(A) On or before April 1, 1996, the Pennsylvania 
     Avenue Development Corporation shall transfer all its right, 
     title, and interest in and to the property described in 
     subparagraph (B) to the National Park Service, Department of 
     the Interior.
       (B) The property referred to in subparagraph (A) is the 
     property located within the Pennsylvania Avenue National 
     Historic Site depicted on a map entitled ``Pennsylvania 
     Avenue National Historic Park'', dated June 1, 1995, and 
     numbered 840-82441, which shall be on file and available for 
     public inspection in the offices of the National Park 
     Service, Department of the Interior. The Pennsylvania Avenue 
     National Historic Site includes the parks, plazas, sidewalks, 
     special lighting, trees, sculpture, and memorials.
       (2) Jurisdiction of Pennsylvania Avenue and all other 
     roadways from curb to curb shall remain with the District of 
     Columbia but vendors shall not be permitted to occupy street 
     space except during temporary special events.
       (3) The National Park Service shall be responsible for 
     management, administration, maintenance, law enforcement, 
     visitor services, resource protection, interpretation, and 
     historic preservation at the Pennsylvania Avenue National 
     Historic Site.
       (4) The National Park Service may enter into contracts, 
     cooperative agreements, or other transactions with any agency 
     or instrumentality of the United States, the several States, 
     or the District of Columbia or with any person, firm, 
     association, or corporation as may be deemed necessary or 
     appropriate for the conduct of special events, festivals, 
     concerts, or other art and cultural programs at the 
     Pennsylvania Avenue National Historic Site or may establish a 
     nonprofit foundation to solicit funds for such activities.
       (e) Notwithstanding any other provision of law, the 
     responsibility for ensuring that development or redevelopment 
     in the Pennsylvania Avenue area is carried out in accordance 
     with the Pennsylvania Avenue Development Corporation Plan--
     1974, as amended, is transferred to the National Capital 
     Planning Commission or its successor commencing April 1, 
     1996.
       (f) Savings Provisions.--
       (1) Regulations.--Any regulations prescribed by the 
     Corporation in connection with the Pennsylvania Avenue 
     Development Corporation Act of 1972 (40 U.S.C. 871-885) and 
     the Federal Triangle Development Act (40 U.S.C. 1101-1109) 
     shall continue in effect until suspended by regulations 
     prescribed by the Administrator of the General Services 
     Administration.
       (2) Existing rights, duties, and obligations not 
     affected.--Subsection (a) shall not be construed as affecting 
     the validity of any right, duty, or obligation of the United 
     States or any other person arising under or pursuant to any 
     contract, loan, or other instrument or agreement which was in 
     effect on the day before the date of the transfers under 
     subsection (a).
       (3) Continuation of suits.--No action or other proceeding 
     commenced by or against the Corporation in connection with 
     administration of the Pennsylvania Avenue Development 
     Corporation Act of 1972 (40 U.S.C. 871-885) and the Federal 
     Triangle Development Act (40 U.S.C. 1101-1109) shall abate by 
     reason of enactment and implementation of this Act, except 
     that the General Services Administration shall be substituted 
     for the Corporation as a party to any such action or 
     proceeding.
       (g) Section 3(b) of the Pennsylvania Avenue Development 
     Corporation Act of 1972 (40 U.S.C. 872(b)) is amended as 
     follows:
       ``(b) The Corporation shall be dissolved on or before April 
     1, 1996. Upon dissolution, assets, obligations, indebtedness, 
     and all unobligated and unexpended balances of the 
     Corporation shall be transferred in accordance with the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 1996.''.
       Sec. 314. (a) Except as provided in subsection (b), no part 
     of any appropriation contained in this Act or any other Act 
     shall be obligated or expended for the operation or 
     implementation of the Interior Columbia Basin Ecosystem 
     Management Project (hereinafter ``Project'').
       (b) From the funds appropriated to the Forest Service and 
     Bureau of Land Management: a sum of $4,000,000 is made 
     available for the Executive Steering Committee of the Project 
     to publish, and submit to the Congress, by May 31, 1996, an 
     assessment of the National Forest System lands and lands 
     administered by the Bureau of Land Management within the area 
     encompassed by the Project. The assessment shall be 
     accompanied by two draft Environmental Impact Statements 
     that: are not decisional and not subject to judicial review; 
     contain a range of alternatives, without the identification 
     of a preferred alternative or management recommendation; and 
     provide a methodology for conducting any cumulative effects 
     analysis required by section 102(2) of the National 
     Environmental Policy Act (42 U.S.C. 433(2)) in the 
     preparation of amendments to resource management plans 
     pursuant to subsection (c). The assessment shall incorporate 
     all existing relevant scientific information including, but 
     not limited to, information on landscape dynamics, forest and 
     rangeland health conditions, fisheries, and watersheds and 
     the implications of each as they relate to federal forest and 
     rangeland health. The assessment and draft Environmental 
     Impact Statements shall not be: the subject of consultation 
     or conferencing pursuant to section 7 of the Endangered 
     Species Act of 1973 (16 U.S.C. 1536); accompanied by any 
     record of decision or other National Environmental Policy Act 
     documentation; or applied or used to regulate non-federal 
     lands. The Executive Steering Committee shall release the 
     draft Environmental Impact Statements for a ninety day public 
     comment period and include a summary of the public comments 
     received in the Submission to Congress.
       (c)(1) From the funds appropriated to the Forest Service 
     and the Bureau of Land Management, based on the documents 
     prepared pursuant to subsection (b) and any other guidance or 
     policy issued prior to the date of enactment of this section, 
     and in consultation with the affected Governor, and county 
     commissioners, each Forest Supervisor and District Manager 
     with responsibility for a national forest or a unit of land 
     administered by the Bureau of Land Management (hereinafter 
     ``forest'') within the area encompassed by the Project shall 
     review the resource management plan (hereinafter ``plan'') 
     for such forest and develop, by an amendment to such plan, a 
     modification of or alternative to any policy which is 
     applicable to such plan upon the date of enactment of this 
     section (whether or not such policy has been added to such 
     plan by amendment), including any policy which is, or is 
     intended to be, of limited duration, and which the Project 
     addresses, to meet the specific conditions of such forest. 
     Each amendment shall: contain the modified or alternative 
     policy developed pursuant to this paragraph, be directed 
     solely to and affect only such plan; address the specific 
     conditions of the forest to which the plan applies and the 
     relationship of the modified or alternative policy to such 
     conditions; and, to the maximum extent practicable, establish 
     site-specific standards in lieu of imposing general standards 
     applicable to multiple sites.
       (2)(A) Each amendment prepared pursuant to paragraph (1) 
     shall comply with any applicable requirements of section 
     102(2) of the National Environmental Policy Act, except that 
     any cumulative effects analysis conducted in accordance with 
     the methodology provided pursuant to subsection (b) shall be 
     deemed to meet any requirements of such Act for such 
     analysis.
       (B) Any policy adopted in an amendment prepared pursuant to 
     paragraph (1) which is a modification of or alternative to a 
     policy referred to in paragraph (1) upon which consultation 
     or conferencing has occurred pursuant to section 7 of the 
     Endangered Species Act of 1973 shall not again be subject to 
     the consultation or conferencing provisions of such section 
     7. Any other consultation or conferencing required by such 
     section 7 shall be conducted separately on each amendment 
     prepared pursuant to paragraph (1): Provided, That, except as 
     provided in this subparagraph, no other consultation shall be 
     undertaken on such amendments, or any project or activity 
     which is consistent with an applicable amendment, on any 
     policy referred to in paragraph (1), or on any portion of any 
     plan related to such policy or the species to which such 
     policy applies.
       (3) Each amendment prepared pursuant to paragraph (1) shall 
     be adopted on or before March 31, 1997, and no policy 
     referred to in paragraph (1), or any provision of a plan or 
     other planning document incorporating such policy, shall be 
     effective in any forest subject to the Project on or after 
     such date, or after an amendment to the plan which applies to 
     such forest is adopted pursuant to this subsection, whichever 
     occurs first.
       (4) On the signing of a record of decision or equivalent 
     document making an amendment for the Clearwater National 
     Forest pursuant to paragraph (1), the requirement for 
     revision referred to in this Stipulation of Dismissal dated 
     September 13, 1993, applicable to such forest is deemed to be 
     satisfied, and the interim management direction provisions 
     contained in the Stipulation of Dismissal shall be of no 
     further effect with respect to such forest.

[[Page H1912]]

       Sec. 315. Recreational Fee Demonstration Program.--(a) The 
     Secretary of the Interior (acting through the Bureau of Land 
     Management, the National Park Service and the United States 
     Fish and Wildlife Service) and the Secretary of Agriculture 
     (acting through the Forest Service) shall each implement a 
     fee program to demonstrate the feasibility of user-generated 
     cost recovery for the operation and maintenance of recreation 
     areas or sites and habitat enhancement projects on Federal 
     lands.
       (b) In carrying out the pilot program established pursuant 
     to this section, the appropriate Secretary shall select from 
     areas under the jurisdiction of each of the four agencies 
     referred to in subsection (a) no fewer than 10, but as many 
     as 50, areas, sites or projects for fee demonstration. For 
     each such demonstration, the Secretary, notwithstanding any 
     other provision of law--
       (1) shall charge and collect fees for admission to the area 
     or for the use of outdoor recreation sites, facilities, 
     visitor centers, equipment, and services by individuals and 
     groups, or any combination thereof;
       (2) shall establish fees under this section based upon a 
     variety of cost recovery and fair market valuation methods to 
     provide a broad basis for feasibility testing;
       (3) may contract, including provisions for reasonable 
     commissions, with any public or private entity to provide 
     visitor services, including reservations and information, and 
     may accept services of volunteers to collect fees charged 
     pursuant to paragraph (1);
       (4) may encourage private investment and partnerships to 
     enhance the delivery of quality customer services and 
     resource enhancement, and provide appropriate recognition to 
     such partners or investors; and
       (5) may assess a fine of not more than $100 for any 
     violation of the authority to collect fees for admission to 
     the area or for the use of outdoor recreation sites, 
     facilities, visitor centers, equipment, and services.
       (c)(1) Amounts collected at each fee demonstration area, 
     site or project shall be distributed as follows:
       (A) Of the amount in excess of 104% of the amount collected 
     in fiscal year 1995, and thereafter annually adjusted upward 
     by 4%, eighty percent to a special account in the Treasury 
     for use without further appropriation, by the agency which 
     administers the site, to remain available for expenditures in 
     accordance with paragraph (2)(A).
       (B) Of the amount in excess of 104% of the amount collected 
     in fiscal year 1995, and thereafter annually adjusted upward 
     by 4%, twenty percent to a special account in the Treasury 
     for use without further appropriation, by the agency which 
     administers the site, to remain available for expenditure in 
     accordance with paragraph (2)(B).
       (C) For agencies other than the Fish and Wildlife Service, 
     up to 15% of current year collections of each agency, but not 
     greater than fee collection costs for that fiscal year, to 
     remain available for expenditure without further 
     appropriation in accordance with paragraph (2)(C).
       (D) For agencies other than the Fish and Wildlife Service, 
     the balance to the special account established pursuant to 
     subparagraph (A) of section 4(i)(1) of the Land and Water 
     Conservation Fund Act, as amended.
       (E) For the Fish and Wildlife Service, the balance shall be 
     distributed in accordance with section 201(c) of the 
     Emergency Wetlands Resources Act.
       (2)(A) Expenditures from site specific special funds shall 
     be for further activities of the area, site or project from 
     which funds are collected, and shall be accounted for 
     separately.
       (B) Expenditures from agency specific special funds shall 
     be for use on an agency-wide basis and shall be accounted for 
     separately.
       (C) Expenditures from the fee collection support fund shall 
     be used to cover fee collection costs in accordance with 
     section 4(i)(1)(B) of the Land and Water Conservation Fund 
     Act, as amended: Provided, That funds unexpended and 
     unobligated at the end of the fiscal year shall not be 
     deposited into the special account established pursuant to 
     section 4(i)(1)(A) of said Act and shall remain available for 
     expenditure without further appropriation.
       (3) In order to increase the quality of the visitor 
     experience at public recreational areas and enhance the 
     protection of resources, amounts available for expenditure 
     under this section may only be used for the area, site or 
     project concerned, for backlogged repair and maintenance 
     projects (including projects relating to health and safety) 
     and for interpretation, signage, habitat or facility 
     enhancement, resource preservation, annual operation 
     (including fee collection), maintenance, and law enforcement 
     relating to public use. The agencywide accounts may be used 
     for the same purposes set forth in the preceding sentence, 
     but for areas, sites or projects selected at the discretion 
     of the respective agency head.
       (d)(1) Amounts collected under this section shall not be 
     taken into account for the purposes of the Act of May 23, 
     1908 and the Act of March 1, 1911 (16 U.S.C. 500), the Act of 
     March 4, 1913 (16 U.S.C. 501), the Act of July 22, 1937 (7 
     U.S.C. 1012), the Act of August 8, 1937 and the Act of May 
     24, 1939 (43 U.S.C. 1181f et seq.), the Act of June 14, 1926 
     (43 U.S.C. 869-4), chapter 69 of title 31, United States 
     Code, section 401 of the Act of June 15, 1935 (16 U.S.C. 
     715s), the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l), and any other provision of law relating to 
     revenue allocation.
       (2) Fees charged pursuant to this section shall be in lieu 
     of fees charged under any other provision of law.
       (e) The Secretary of the Interior and the Secretary of 
     Agriculture shall carry out this section without promulgating 
     regulations.
       (f) The authority to collect fees under this section shall 
     commence on October 1, 1995, and end on September 30, 1998. 
     Funds in accounts established shall remain available through 
     September 30, 2001.
       Sec. 316. Section 2001(a)(2) of Public Law 104-19 is 
     amended as follows: Strike ``September 30, 1997'' and insert 
     in lieu thereof ``December 31, 1996''.
       Sec. 317. None of the funds made available in this Act may 
     be used for any program, project, or activity when it is made 
     known to the Federal entity or official to which the funds 
     are made available that the program, project, or activity is 
     not in compliance with any applicable Federal law relating to 
     risk assessment, the protection of private property rights, 
     or unfunded mandates.
       Sec. 318. None of the funds provided in this Act may be 
     made available for the Mississippi River Corridor Heritage 
     Commission.
       Sec. 319. Great Basin National Park.--Section 3 of the 
     Great Basin National Park Act of 1986 (16 U.S.C. 410mm-1) is 
     amended--
       (1) in the first sentence of subsection (e) by striking 
     ``shall'' and inserting ``may''; and
       (2) in subsection (f)--
       (A) by striking ``At the request'' and inserting the 
     following:
       ``(1) Exchanges.--At the request'';
       (B) by striking ``grazing permits'' and inserting ``grazing 
     permits and grazing leases''; and
       (C) by adding after ``Federal lands.'' the following:
       ``(2) Acquisition by donation.--
       (A) In general.--The Secretary may acquire by donation 
     valid existing permits and grazing leases authorizing grazing 
     on land in the park.
       (B) Termination.--The Secretary shall terminate a grazing 
     permit or grazing lease acquired under subparagraph (A) so as 
     to end grazing previously authorized by the permit or 
     lease.''.
       Sec. 320. None of the funds made available in this Act 
     shall be used by the Department of Energy in implementing the 
     Codes and Standards Program to propose, issue, or prescribe 
     any new or amended standard: Provided, That this section 
     shall expire on September 30, 1996: Provided further, That 
     nothing in this section shall preclude the Federal Government 
     from promulgating rules concerning energy efficiency 
     standards for the construction of new federally-owned 
     commercial and residential buildings.
       Sec. 321. None of the funds made available in this Act may 
     be used (1) to demolish the bridge between Jersey City, New 
     Jersey, and Ellis Island; or (2) to prevent pedestrian use of 
     such bridge, when it is made known to the Federal official 
     having authority to obligate or expend such funds that such 
     pedestrian use is consistent with generally accepted safety 
     standards.
       Sec. 322. (a) None of the funds appropriated or otherwise 
     made available pursuant to this Act shall be obligated or 
     expended to accept or process applications for a patent for 
     any mining or mill site claim located under the general 
     mining laws.
       (b) The provisions of subsection (a) shall not apply if the 
     Secretary of the Interior determines that, for the claim 
     concerned: (1) a patent application was filed with the 
     Secretary on or before September 30, 1994, and (2) all 
     requirements established under sections 2325 and 2326 of the 
     Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
     claims and sections 2329, 2330, 2331, and 2333 of the Revised 
     Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
     section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 
     site claims, as the case may be, were fully complied with by 
     the applicant by that date.
       (c) Processing Schedule.--For those applications for 
     patents pursuant to subsection (b) which were filed with the 
     Secretary of the Interior, prior to September 30, 1994, the 
     Secretary of the Interior shall--
       (1) Within three months of the enactment of this Act, file 
     with the House and Senate Committees on Appropriations and 
     the Committee on Resources of the House of Representatives 
     and the Committee on Energy and Natural Resources of the 
     United States Senate a plan which details how the Department 
     of the Interior will make a final determination as to whether 
     or not an applicant is entitled to a patent under the general 
     mining laws on at least 90 percent of such applications 
     within five years of the enactment of this Act and file 
     reports annually thereafter with the same committees 
     detailing actions taken by the Department of the Interior to 
     carry out such plan; and
       (2) Take such actions as may be necessary to carry out such 
     plan.
       (d) Mineral Examinations.--In order to process patent 
     applications in a timely and responsible manner, upon the 
     request of a patent applicant, the Secretary of the Interior 
     shall allow the applicant to fund a qualified third-party 
     contractor to be selected by the Bureau of Land Management to 
     conduct a mineral examination of the mining claims or mill 
     sites contained in a patent application as set forth in 
     subsection (b). The Bureau of Land Management shall have the 
     sole responsibility to choose and pay the third-party 
     contractor in accordance with the standard procedures 
     employed by the Bureau of Land Management in the retention of 
     third-party contractors.
       Sec. 323. None of the funds appropriated or otherwise made 
     available by this Act may be used for the purposes of 
     acquiring lands in

[[Page H1913]]

     the counties of Lawrence, Monroe, or Washington, Ohio, for 
     the Wayne National Forest.
       Sec. 324. No part of any appropriation contained in this 
     Act or any other Act shall be expended or obligated to fund 
     the activities of the Office of Forestry and Economic 
     Development after December 31, 1995.
       Sec. 325. Amend section 2001(k) of Public Law 104-19 by 
     striking ``in fiscal years 1995 and 1996'' in paragraph (1) 
     and adding paragraph (4) to read:
       ``(4) Timing and conditions of alternative volume.--For any 
     sale subject to paragraph (2) of this subsection, the 
     Secretary concerned shall, and for any other sale subject to 
     this subsection, the Secretary concerned may, within 45 days 
     of the date of enactment of this paragraph, reach agreement 
     with the purchaser to provide by a date agreed to by the 
     purchaser, a volume, value and kind of timber satisfactory to 
     the purchaser to substitute for all or a portion of the 
     timber subject to the sale, which shall be subject to the 
     original terms of the contract except as otherwise agreed, 
     and shall be subject to paragraph (1). After the agreed date 
     for providing alternative timber the purchaser may operate 
     the original sale under the terms of paragraph (1) until the 
     Secretary concerned designates and the purchaser accepts 
     alternative timber under this paragraph. Any sale subject to 
     this subsection shall be awarded and released and may be 
     operated under the terms of paragraph (1) until completed and 
     shall not count against current allowable sale quantities or 
     timber sales to be offered under subsection (b) and (d).''
       Sec. 326. (a) Land Exchange.--The Secretary of the Interior 
     (hereinafter referred to as the ``Secretary'') is authorized 
     to convey to the Boise Cascade Corporation (hereinafter 
     referred to as the ``Corporation''), a corporation formed 
     under the statutes of the State of Delaware, with its 
     principal place of business at Boise, Idaho, title to 
     approximately seven acres of land, more or less, located in 
     sections 14 and 23, township 36 north, range 37 east, 
     Willamette Meridian, Stevens County, Washington, further 
     identified in the records of the Bureau of Reclamation, 
     Department of the Interior, as Tract No. GC-19860, and to 
     accept from the Corporation in exchange therefor, title to 
     approximately one hundred and thirty-six acres of land 
     located in section 19, township 37 north, range 38 east and 
     section 33, township 38 north, range 37 east, Willamette 
     Meridian, Stevens County, Washington, and further identified 
     in the records of the Bureau of Reclamation, Department of 
     the Interior, as Tract No. GC-19858 and Tract No. GC-19859, 
     respectively.
       (b) Appraisal.--The properties so exchanged either shall be 
     approximately equal in fair market value or if they are not 
     approximately equal, shall be equalized by the payment of 
     cash to the Corporation or to the Secretary as required or in 
     the event the value of the Corporation's lands is greater, 
     the acreage may be reduced so that the fair market value is 
     approximately equal: Provided, That the Secretary shall order 
     appraisals made of the fair market value of each tract of 
     land included in the exchange without consideration for 
     improvements thereon: Provided further, That any cash payment 
     received by the Secretary shall be covered in the Reclamation 
     Fund and credited to the Columbia Basin project.
       (c) Administrative Costs.--Costs of conducting the 
     necessary land surveys, preparing the legal descriptions of 
     the lands to be conveyed, performing the appraisals, and 
     administrative costs incurred in completing the exchange 
     shall be borne by the Corporation.
       (d) Liability for Hazardous Substances.--(1) The Secretary 
     shall not acquire any lands under this Act if the Secretary 
     determines that such lands, or any portion thereof, have 
     become contaminated with hazardous substances (as defined in 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act (42 U.S.C. 9601)).
       (2) Notwithstanding any other provision of law, the United 
     States shall have no responsibility or liability with respect 
     to any hazardous wastes or other substances placed on any of 
     the lands covered by this Act after their transfer to the 
     ownership of any party, but nothing in this Act shall be 
     construed as either diminishing or increasing any 
     responsibility or liability of the United States based on the 
     condition of such lands on the date of their transfer to the 
     ownership of another party. The Corporation shall indemnify 
     the United States for liabilities arising under the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act (42 U.S.C. 9601), and the Resource Conservation 
     Recovery Act (42 U.S.C. 6901 et seq.).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the purposes of this Act.
       Sec. 327. Timber Sales Pipeline Restoration Funds.--(a) The 
     Secretary of Agriculture and the Secretary of the Interior 
     shall each establish a Timber Sales Pipeline Restoration Fund 
     (hereinafter ``Agriculture Fund'' and ``Interior Fund'' or 
     ``Funds''). Any revenues received from sales released under 
     section 2001(k) of the fiscal year 1995 Supplemental 
     Appropriations for Disaster Assistance and Rescissions Act, 
     minus the funds necessary to make payments to States or local 
     governments under other law concerning the distribution of 
     revenues derived from the affected lands, which are in excess 
     of $37,500,000 (hereinafter ``excess revenues'') shall be 
     deposited into the Funds. The distribution of excess revenues 
     between the Agriculture Fund and Interior Fund shall be 
     calculated by multiplying the total of excess revenues times 
     a fraction with a denominator of the total revenues received 
     from all sales released under such section 2001(k) and 
     numerators of the total revenues received from such sales on 
     lands within the National Forest System and the total 
     revenues received from such sales on lands administered by 
     the Bureau of Land Management, respectively: Provided, That 
     revenues or portions thereof from sales released under such 
     section 2001(k), minus the amounts necessary for State and 
     local government payments and other necessary deposits, may 
     be deposited into the Funds immediately upon receipt thereof 
     and subsequently redistributed between the Funds or paid into 
     the United States Treasury as miscellaneous receipts as may 
     be required when the calculation of excess revenues is made.
       (b)(1) From the funds deposited into the Agriculture Fund 
     and into the Interior Fund pursuant to subsection (a)--
       (A) seventy-five percent shall be available, without fiscal 
     year limitation or further appropriation, for preparation of 
     timber sales, other than salvage sales as defined in section 
     2001(a)(3) of the fiscal year 1995 Supplemental 
     Appropriations for Disaster Assistance and Rescissions Act, 
     which--
       (i) are situated on lands within the National Forest System 
     and lands administered by the Bureau of Land Management, 
     respectively; and
       (ii) are in addition to timber sales for which funds are 
     otherwise available in this Act or other appropriations Acts; 
     and
       (B) twenty-five percent shall be available, without fiscal 
     year limitation or further appropriation, to expend on the 
     backlog of recreation projects on lands within the National 
     Forest System and lands administered by the Bureau of Land 
     Management, respectively.
       (2) Expenditures under this subsection for preparation of 
     timber sales may include expenditures for Forest Service 
     activities within the forest land management budget line item 
     and associated timber roads, and Bureau of Land Management 
     activities within the Oregon and California grant lands 
     account and the forestry management area account, as 
     determined by the Secretary concerned.
       (c) Revenues received from any timber sale prepared under 
     subsection (b) or under this subsection, minus the amounts 
     necessary for State and local government payments and other 
     necessary deposits, shall be deposited into the Fund from 
     which funds were expended on such sale. Such deposited 
     revenues shall be available for preparation of additional 
     timber sales and completion of additional recreation projects 
     in accordance with the requirements set forth in subsection 
     (b).
       (d) The Secretary concerned shall terminate all payments 
     into the Agriculture Fund or the Interior Fund, and pay any 
     unobligated funds in the affected Fund into the United States 
     Treasury as miscellaneous receipts, whenever the Secretary 
     concerned makes a finding, published in the Federal Register, 
     that sales sufficient to achieve the total allowable sales 
     quantity of the National Forest System for the Forest Service 
     or the allowable sales level for the Oregon and California 
     grant lands for the Bureau of Land Management, respectively, 
     have been prepared.
       (e) Any timber sales prepared and recreation projects 
     completed under this section shall comply with all applicable 
     environmental and natural resource laws and regulations.
       (f) The Secretary concerned shall report annually to the 
     Committees on Appropriations of the United States Senate and 
     the House of Representatives on expenditures made from the 
     Fund for timber sales and recreation projects, revenues 
     received into the Fund from timber sales, and timber sale 
     preparation and recreation project work undertaken during the 
     previous year and projected for the next year under the Fund. 
     Such information shall be provided for each Forest Service 
     region and Bureau of Land Management State office.
       (g) The authority of this section shall terminate upon the 
     termination of both Funds in accordance with the provisions 
     of subsection (d).
       Sec. 328. Of the funds provided to the National Endowment 
     for the Arts:
       (a) The Chairperson shall only award a grant to an 
     individual if such grant is awarded to such individual for a 
     literature fellowship, National Heritage Fellowship, or 
     American Jazz Masters Fellowship.
       (b) The Chairperson shall establish procedures to ensure 
     that no funding provided through a grant, except a grant made 
     to a State or regional group, may be used to make a grant to 
     any other organization or individual to conduct activity 
     independent of the direct grant recipient. Nothing in this 
     subsection shall prohibit payments made in exchange for goods 
     and services.
       (c) No grant shall be used for seasonal support to a group, 
     unless the application is specific to the contents of the 
     season, including identified programs and/or projects.
       Sec. 329. Delay in Implementation of the Administration's 
     Rangeland Reform Program.--None of the funds made available 
     under this or any other Act may be used to implement or 
     enforce the final rule published by the Secretary of the 
     Interior on February 22, 1995 (60 Fed. Reg. 9894), making 
     amendments to parts 4, 1780, and 4100 of title 43, Code of 
     Federal Regulations, to take effect August 21, 1995, until 
     November 21, 1995.

[[Page H1914]]

     None of the funds made available under this or any other Act 
     may be used to publish proposed or enforce final regulations 
     governing the management of livestock grazing on lands 
     administered by the Forest Service until November 21, 1995.
       Sec. 330. Section 1864 of title 18, United States Code, is 
     amended--
       (1) in subsection (b)--
       (A) in paragraph (2), by striking ``twenty'' and inserting 
     ``40'';
       (B) in paragraph (3), by striking ``ten'' and inserting 
     ``20'';
       (C) in paragraph (4), by striking ``if damage exceeding 
     $10,000 to the property of any individual results,'' and 
     inserting ``if damage to the property of any individual 
     results or if avoidance costs have been incurred exceeding 
     $10,000, in the aggregate,''; and
       (D) in paragraph (4), by striking ``ten'' and inserting 
     ``20'';
       (2) in subsection (c) by striking ``ten'' and inserting 
     ``20'';
       (3) in subsection (d), by--
       (A) striking ``and'' at the end of paragraph (2);
       (B) striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (C) adding at the end the following:
       ``(4) the term `avoidance costs' means costs incurred by 
     any individual for the purpose of--
       ``(A) detecting a hazardous or injurious device; or
       ``(B) preventing death, serious bodily injury, bodily 
     injury, or property damage likely to result from the use of a 
     hazardous or injurious device in violation of subsection 
     (a).''; and
       (4) by adding at the end thereof the following:
       ``(e) Any person injured as the result of a violation of 
     subsection (a) may commence a civil action on his own behalf 
     against any person who is alleged to be in violation of 
     subsection (a). The district courts shall have jurisdiction, 
     without regard to the amount in controversy or the 
     citizenship of the parties, in such civil actions. The court 
     may award, in addition to monetary damages for any injury 
     resulting from an alleged violation of subsection (a), costs 
     of litigation, including reasonable attorney and expert 
     witness fees, to any prevailing or substantially prevailing 
     party, whenever the court determines such award is 
     appropriate.''.
       Sec. 331. (a) Purposes of National Endowment for the 
     Arts.--Section 2 of the National Foundation on the Arts and 
     the Humanities Act of 1965, as amended (20 U.S.C. 951), sets 
     out findings and purposes for which the National Endowment 
     for the Arts was established, among which are--
       (1) ``The arts and humanities belong to all the people of 
     the United States'';
       (2) ``The arts and humanities reflect the high place 
     accorded by the American people .  .  . to the fostering of 
     mutual respect for the diverse beliefs and values of all 
     persons and groups'';
       (3) ``Public funding of the arts and humanities is subject 
     to the conditions that traditionally govern the use of public 
     money [and] such funding should contribute to public support 
     and confidence in the use of taxpayer funds''; and
       (4) ``Public funds provided by the Federal Government must 
     ultimately serve public purposes the Congress defines''.
       (b) Additional Congressional Findings.--Congress further 
     finds and declares that the use of scarce funds, which have 
     been taken from all taxpayers of the United States, to 
     promote, disseminate, sponsor, or produce any material or 
     performance that--
       (1) denigrates the religious objects or religious beliefs 
     of the adherents of a particular religion, or
       (2) depicts or describes, in a patently offensive way, 
     sexual or excretory activities or organs,
     is contrary to the express purposes of the National 
     Foundation on the Arts and the Humanities Act of 1965, as 
     amended.
       (c) Prohibition on Funding That Is Not Consistent With the 
     Purposes of the Act.--Notwithstanding any other provision of 
     law, none of the scarce funds which have been taken from all 
     taxpayers of the United States and made available under this 
     Act to the National Endowment for the Arts may be used to 
     promote, disseminate, sponsor, or produce any material or 
     performance that--
       (1) denigrates the religious objects or religious beliefs 
     of the adherents of a particular religion, or
       (2) depicts or describes, in a patently offensive way, 
     sexual or excretory activities or organs,
     and this prohibition shall be strictly applied without regard 
     to the content or viewpoint of the material or performance.
       (d) Section Not To Affect Other Works.--Nothing in this 
     section shall be construed to affect in any way the freedom 
     of any artist or performer to create any material or 
     performance using funds which have not been made available 
     under this Act to the National Endowment for the Arts.
       Sec. 332. For purposes related to the closure of the Bureau 
     of Mines, funds made available to the United States 
     Geological Survey, the United States Bureau of Mines, and the 
     Bureau of Land Management shall be available for transfer, 
     with the approval of the Secretary of the Interior, among the 
     following accounts: United States Geological Survey, Surveys, 
     investigations, and research; Bureau of Mines, Mines and 
     minerals; and Bureau of Land Management, Management of lands 
     and resources. The Secretary of Energy shall reimburse the 
     Secretary of the Interior, in an amount to be determined by 
     the Director of the Office of Management and Budget, for the 
     expenses of the transferred functions between October 1, 1995 
     and the effective date of the transfers of function. Such 
     transfers shall be subject to the reprogramming guidelines of 
     the House and Senate Committees on Appropriations.
         Sec. 333. No funds appropriated under this or any other 
     Act shall be used to review or modify sourcing areas 
     previously approved under section 490(c)(3) of the Forest 
     Resources Conservation and Shortage Relief Act of 1990 
     (Public Law 101-382) or to enforce or implement Federal 
     regulations 36 CFR part 223 promulgated on September 8, 1995. 
     The regulations and interim rules in effect prior to 
     September 8, 1995 (36 CFR 223.48, 36 CFR 223.87, 36 CFR 223 
     Subpart D, 36 CFR 223 Subpart F, and 36 CFR 261.6) shall 
     remain in effect. The Secretary of Agriculture or the 
     Secretary of the Interior shall not adopt any policies 
     concerning Public Law 101-382 or existing regulations that 
     would restrain domestic transportation or processing of 
     timber from private lands or impose additional accountability 
     requirements on any timber. The Secretary of Commerce shall 
     extend until September 30, 1996, the order issued under 
     section 491(b)(2)(A) of Public Law 101-382 and shall issue an 
     order under section 491(b)(2)(B) of such law that will be 
     effective October 1, 1996.
         Sec. 334. The National Park Service, in accordance with 
     the Memorandum of Agreement between the United States 
     National Park Service and the City of Vancouver dated 
     November 4, 1994, shall permit general aviation on its 
     portion of Pearson Field in Vancouver, Washington until the 
     year 2022, during which time a plan and method for 
     transitioning from general aviation aircraft to historic 
     aircraft shall be completed; such transition to be 
     accomplished by that date. This action shall not be construed 
     to limit the authority of the Federal Aviation Administration 
     over air traffic control or aviation activities at Pearson 
     Field or limit operations and airspace of Portland 
     International Airport.
         Sec. 335. The United States Forest Service approval of 
     Alternative site 2 (ALT 2), issued on December 6, 1993, is 
     hereby authorized and approved and shall be deemed to be 
     consistent with, and permissible under, the terms of Public 
     Law 100-696 (the Arizona-Idaho Conservation Act of 1988).
         Sec. 336. Obligations for travel expenses in fiscal year 
     1996, for each appropriation account in this Act, may not 
     exceed 90 percentum of fiscal year 1995 obligations for 
     administrative travel and for travel by supervisory and non-
     career personnel and may not exceed 100 percentum of fiscal 
     year 1995 obligations for program-essential travel.
         Sec. 337. The number of employees detailed to and within 
     Departmental Management in the Department of the Interior may 
     not exceed the number of employees detailed to and within the 
     Office of the Secretary in fiscal year 1995.
       Sec. 338. Upon enactment of this Act, all funds obligated 
     in fiscal year 1996 under ``Salaries and expenses'', 
     Pennsylvania Avenue Development Corporation are to be offset 
     by unobligated balances made available under this Act under 
     the account ``Public development'', Pennsylvania Avenue 
     Development Corporation and all funds obligated in fiscal 
     year 1996 under ``International forestry'', Forest Service 
     are to be offset by funds made available under this Act under 
     the account ``National forest system'', Forest Service.
       Sec. 339. (a) Notwithstanding any other provision of law, 
     in order to avoid or minimize the need for involuntary 
     separations due to a reduction in force, reorganizations, 
     transfer of function, or other similar action, the Secretary 
     of the Smithsonian Institution may pay, or authorize the 
     payment of, voluntary separation incentive payments to 
     Smithsonian Institution employees who separate from Federal 
     service voluntarily during fiscal years 1996 and 1997 
     (whether by retirement or resignation).
       (b) A voluntary separation incentive payment--
       (1) shall be paid in a lump sum after the employee's 
     separation in an amount to be determined by the Secretary, 
     but shall not exceed $25,000;
       (2) shall not be a basis for payment, and shall not be 
     included in the computation, of any other type of benefit; 
     and
       (3) shall be paid from appropriations available for the 
     payment of the basic pay of the employee.
       (c)(1) An employee who has received a voluntary separation 
     incentive payment under this section and accepts employment 
     with any agency or instrumentality of the United States 
     within 5 years after the date of the separation on which the 
     payment is based shall be required to repay the entire amount 
     of the incentive payment to the Smithsonian Institution.
       (2) The repayment required by paragraph (1) may be waived 
     only by the Secretary.
       (3) For purposes of paragraph (1) (but not paragraph (2)), 
     the term ``employment'' includes employment under a personal 
     services contract with the United States.
       (d) In addition to any other payments which it is required 
     to make under subchapter III of chapter 83 of title 5, United 
     States Code, the Smithsonian shall remit to the Office of 
     Personnel Management for deposit in the Treasury of the 
     United States to the credit of the Civil Service Retirement 
     and Disability Fund an amount equal to 15

[[Page H1915]]

     percent of the final basic pay of each employee of the 
     Smithsonian to whom a voluntary separation incentive payment 
     has been paid.
       This Act may be cited as the ``Department of the Interior 
     and Related Agencies Appropriations Act, 1996''.
       (c) Such amounts as may be necessary for programs, projects 
     or activities provided for in the Departments of Labor, 
     Health and Human Services, and Education, and Related 
     Agencies Appropriations Act, 1996, at a rate of operations 
     and to the extent and in the manner provided for, the 
     provisions of such Act to be effective as if it had been 
     enacted into law as the regular appropriations Act, as 
     follows:

                                 AN ACT

       Making appropriations for the Departments of Labor, Health 
     and Human Services, and Education, and related agencies for 
     the fiscal year ending September 30, 1996, and for other 
     purposes.

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

       For expenses necessary to carry into effect the Job 
     Training Partnership Act, as amended, including the purchase 
     and hire of passenger motor vehicles, the construction, 
     alteration, and repair of buildings and other facilities, and 
     the purchase of real property for training centers as 
     authorized by the Job Training Partnership Act; title II of 
     the Civil Rights Act of 1991; the Women in Apprenticeship and 
     Nontraditional Occupations Act; National Skill Standards Act 
     of 1994; and the School-to-Work Opportunities Act; 
     $3,108,978,000 plus reimbursements, of which $2,891,759,000 
     is available for obligation for the period July 1, 1996 
     through June 30, 1997; of which $121,467,000 is available for 
     the period July 1, 1996 through June 30, 1999 for necessary 
     expenses of construction, rehabilitation, and acquisition of 
     Job Corps centers; and of which $95,000,000 shall be 
     available from July 1, 1996 through September 30, 1997, for 
     carrying out activities of the School-to-Work Opportunities 
     Act: Provided, That $52,502,000 shall be for carrying out 
     section 401 of the Job Training Partnership Act, $69,285,000 
     shall be for carrying out section 402 of such Act, $7,300,000 
     shall be for carrying out section 441 of such Act, $8,000,000 
     shall be for all activities conducted by and through the 
     National Occupational Information Coordinating Committee 
     under such Act, $745,700,000 shall be for carrying out title 
     II, part A of such Act, $126,672,000 shall be for carrying 
     out title II, part C of such Act and $5,000,000 shall be for 
     employment-related activities of the 1996 Paralympic Games: 
     Provided further, That no funds from any other appropriation 
     shall be used to provide meal services at or for Job Corps 
     centers: Provided further, That notwithstanding any other 
     provision of law, the Secretary of Labor may waive any of the 
     requirements contained in sections 4, 104, 105, 107, 108, 
     121, 164, 204, 253, 254, 264, 301, 311, 313, 314, and 315 of 
     the Job Training Partnership Act in order to assist States in 
     improving State workforce development systems, pursuant to a 
     request submitted by a State that has prior to the date of 
     enactment of this Act executed a Memorandum of Understanding 
     with the United States requiring such State to meet agreed 
     upon outcomes: Provided further, That funds used from this 
     Act to carry out title III of the Job Training Partnership 
     Act shall not be subject to the limitation contained in 
     subsection (b) of section 315 of such Act; that the waiver 
     allowing a reduction in the cost limitation relating to 
     retraining services described in subsection (a)(2) of such 
     section 315 may be granted with respect to funds from this 
     Act if a substate grantee demonstrates to the Governor that 
     such waiver is appropriate due to the availability of low-
     cost retraining services, is necessary to facilitate the 
     provision of needs-related payments to accompany long-term 
     training, or is necessary to facilitate the provision of 
     appropriate basic readjustment services and that funds used 
     from this Act to carry out the Secretary's discretionary 
     grants under part B of such title III may be used to provide 
     needs-related payments to participants who, in lieu of 
     meeting the requirements relating to enrollment in training 
     under section 314(e) of such Act, are enrolled in training by 
     the end of the sixth week after funds have been awarded: 
     Provided further, That service delivery areas may transfer 
     funding provided herein under authority of title II-C of the 
     Job Training Partnership Act to the program authorized by 
     title II-B of that Act, if such transfer is approved by the 
     Governor: Provided further, That service delivery areas and 
     substate areas may transfer funding provided herein under 
     authority of title II and title III of the Job Training 
     Partnership Act between the programs authorized by those 
     titles of the Act, if such transfer is approved by the 
     Governor: Provided further, That, notwithstanding any other 
     provision of law, any proceeds from the sale of Job Corps 
     Center facilities shall be retained by the Secretary of Labor 
     to carry out the Job Corps program.

            community service employment for older americans

       To carry out the activities for national grants or 
     contracts with public agencies and public or private 
     nonprofit organizations under paragraph (1)(A) of section 
     506(a) of title V of the Older Americans Act of 1965, as 
     amended, or to carry out older worker activities as 
     subsequently authorized, $227,500,000.
       To carry out the activities for grants to States under 
     paragraph (3) of section 506(a) of title V of the Older 
     Americans Act of 1965, as amended, or to carry out older 
     worker activities as subsequently authorized, $122,500,000.

              federal unemployment benefits and allowances

       For payments during the current fiscal year of trade 
     adjustment benefit payments and allowances under part I, and 
     for training, for allowances for job search and relocation, 
     and for related State administrative expenses under part II, 
     subchapters B and D, chapter 2, title II of the Trade Act of 
     1974, as amended, $346,100,000, together with such amounts as 
     may be necessary to be charged to the subsequent 
     appropriation for payments for any period subsequent to 
     September 15 of the current year.

     state unemployment insurance and employment service operations

       For activities authorized by the Act of June 6, 1933, as 
     amended (29 U.S.C. 49-49l-1; 39 U.S.C. 3202(a)(1)(E)); title 
     III of the Social Security Act, as amended (42 U.S.C. 502-
     504); necessary administrative expenses for carrying out 5 
     U.S.C. 8501-8523, and sections 225, 231-235, 243-244, and 
     250(d)(1), 250(d)(3), title II of the Trade Act of 1974, as 
     amended; as authorized by section 7c of the Act of June 6, 
     1933, as amended, necessary administrative expenses under 
     sections 101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3), 
     (n)(1), and 218(g) (1), (2), and (3), and 258(c) of the 
     Immigration and Nationality Act, as amended (8 U.S.C. 1101 et 
     seq.); necessary administrative expenses to carry out section 
     221(a) of the Immigration Act of 1990, $117,328,000, together 
     with not to exceed $3,104,194,000 (including not to exceed 
     $1,653,000 which may be used for amortization payments to 
     States which had independent retirement plans in their State 
     employment service agencies prior to 1980, and including not 
     to exceed $2,000,000 which may be obligated in contracts with 
     non-State entities for activities such as occupational and 
     test research activities which benefit the Federal-State 
     Employment Service System), which may be expended from the 
     Employment Security Administration account in the 
     Unemployment Trust Fund, and of which the sums available in 
     the allocation for activities authorized by title III of the 
     Social Security Act, as amended (42 U.S.C. 502-504), and the 
     sums available in the allocation for necessary administrative 
     expenses for carrying out 5 U.S.C. 8501-8523, shall be 
     available for obligation by the States through December 31, 
     1996, except that funds used for automation acquisitions 
     shall be available for obligation by States through September 
     30, 1998; and of which $115,452,000, together with not to 
     exceed $738,283,000 of the amount which may be expended from 
     said trust fund shall be available for obligation for the 
     period July 1, 1996, through June 30, 1997, to fund 
     activities under the Act of June 6, 1933, as amended, 
     including the cost of penalty mail made available to States 
     in lieu of allotments for such purpose, and of which 
     $216,333,000 shall be available only to the extent necessary 
     for additional State allocations to administer unemployment 
     compensation laws to finance increases in the number of 
     unemployment insurance claims filed and claims paid or 
     changes in a State law: Provided, That to the extent that the 
     Average Weekly Insured Unemployment (AWIU) for fiscal year 
     1996 is projected by the Department of Labor to exceed 2.785 
     million, an additional $28,600,000 shall be available for 
     obligation for every 100,000 increase in the AWIU level 
     (including a pro rata amount for any increment less than 
     100,000) from the Employment Security Administration Account 
     of the Unemployment Trust Fund: Provided further, That funds 
     appropriated in this Act which are used to establish a 
     national one-stop career center network may be obligated in 
     contracts, grants or agreements with non-State entities: 
     Provided further, That funds appropriated under this Act for 
     activities authorized under the Wagner-Peyser Act, as 
     amended, and title III of the Social Security Act, may be 
     used by the States to fund integrated Employment Service and 
     Unemployment Insurance automation efforts, notwithstanding 
     cost allocation principles prescribed under Office of 
     Management and Budget Circular A-87.

        advances to the unemployment trust fund and other funds

       For repayable advances to the Unemployment Trust Fund as 
     authorized by sections 905(d) and 1203 of the Social Security 
     Act, as amended, and to the Black Lung Disability Trust Fund 
     as authorized by section 9501(c)(1) of the Internal Revenue 
     Code of 1954, as amended; and for nonrepayable advances to 
     the Unemployment Trust Fund as authorized by section 8509 of 
     title 5, United States Code, and section 104(d) of Public Law 
     102-164, and section 5 of Public Law 103-6, and to the 
     ``Federal unemployment benefits and allowances'' account, to 
     remain available until September 30, 1997, $369,000,000.
       In addition, for making repayable advances to the Black 
     Lung Disability Trust Fund in the current fiscal year after 
     September 15, 1996, for costs incurred by the Black Lung 
     Disability Trust Fund in the current fiscal year, such sums 
     as may be necessary.

   advances to the employment security administration account of the 
                        unemployment trust fund


                              (rescission)

       Amounts remaining unobligated under this heading as of 
     September 30, 1995, are hereby rescinded.

[[Page H1916]]

        payments to the unemployment trust fund and other funds

                              (rescission)

       Of the amounts remaining unobligated under this heading as 
     of September 30, 1995, $250,000,000 are hereby rescinded.


                         program administration

       For expenses of administering employment and training 
     programs and for carrying out section 908 of the Social 
     Security Act, $83,054,000, together with not to exceed 
     $40,793,000, which may be expended from the Employment 
     Security Administration account in the Unemployment Trust 
     Fund.

              Pension and Welfare Benefits Administration

                         salaries and expenses

       For necessary expenses for Pension and Welfare Benefits 
     Administration, $65,198,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

       The Pension Benefit Guaranty Corporation is authorized to 
     make such expenditures, including financial assistance 
     authorized by section 104 of Public Law 96-364, within limits 
     of funds and borrowing authority available to such 
     Corporation, and in accord with law, and to make such 
     contracts and commitments without regard to fiscal year 
     limitations as provided by section 104 of the Government 
     Corporation Control Act, as amended (31 U.S.C. 9104), as may 
     be necessary in carrying out the program through September 
     30, 1996, for such Corporation: Provided, That not to exceed 
     $10,603,000 shall be available for administrative expenses of 
     the Corporation: Provided further, That expenses of such 
     Corporation in connection with the collection of premiums, 
     the termination of pension plans, for the acquisition, 
     protection or management, and investment of trust assets, and 
     for benefits administration services shall be considered as 
     non-administrative expenses for the purposes hereof, and 
     excluded from the above limitation.

                  Employment Standards Administration

                         salaries and expenses

       For necessary expenses for the Employment Standards 
     Administration, including reimbursement to State, Federal, 
     and local agencies and their employees for inspection 
     services rendered, $254,756,000, together with $978,000 which 
     may be expended from the Special Fund in accordance with 
     sections 39(c) and 44(j) of the Longshore and Harbor Workers' 
     Compensation Act: Provided, That the Secretary of Labor is 
     authorized to accept, retain, and spend, until expended, in 
     the name of the Department of Labor, all sums of money 
     ordered to be paid to the Secretary of Labor, in accordance 
     with the terms of the Consent Judgment in Civil Action No. 
     91-0027 of the United States District Court for the District 
     of the Northern Mariana Islands (May 21, 1992): Provided 
     further, That the Secretary of Labor is authorized to 
     establish and, in accordance with 31 U.S.C. 3302, collect and 
     deposit in the Treasury fees for processing applications and 
     issuing certificates under sections 11(d) and 14 of the Fair 
     Labor Standards Act of 1938, as amended (29 U.S.C. 211(d) and 
     214) and for processing applications and issuing 
     registrations under Title I of the Migrant and Seasonal 
     Agricultural Worker Protection Act, 29 U.S.C. 1801 et seq.

                            special benefits


                     (including transfer of funds)

       For the payment of compensation, benefits, and expenses 
     (except administrative expenses) accruing during the current 
     or any prior fiscal year authorized by title 5, chapter 81 of 
     the United States Code; continuation of benefits as provided 
     for under the head ``Civilian War Benefits'' in the Federal 
     Security Agency Appropriation Act, 1947; the Employees' 
     Compensation Commission Appropriation Act, 1944; and sections 
     4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 
     2012); and 50 per centum of the additional compensation and 
     benefits required by section 10(h) of the Longshore and 
     Harbor Workers' Compensation Act, as amended, $218,000,000 
     together with such amounts as may be necessary to be charged 
     to the subsequent year appropriation for the payment of 
     compensation and other benefits for any period subsequent to 
     August 15 of the current year: Provided, That such sums as 
     are necessary may be used under section 8104 of title 5, 
     United States Code, by the Secretary to reimburse an 
     employer, who is not the employer at the time of injury, for 
     portions of the salary of a reemployed, disabled beneficiary: 
     Provided further, That balances of reimbursements unobligated 
     on September 30, 1995, shall remain available until expended 
     for the payment of compensation, benefits, and expenses: 
     Provided further, That in addition there shall be transferred 
     to this appropriation from the Postal Service and from any 
     other corporation or instrumentality required under section 
     8147(c) of title 5, United States Code, to pay an amount for 
     its fair share of the cost of administration, such sums as 
     the Secretary of Labor determines to be the cost of 
     administration for employees of such fair share entities 
     through September 30, 1996: Provided further, That of those 
     funds transferred to this account from the fair share 
     entities to pay the cost of administration, $19,383,000 shall 
     be made available to the Secretary of Labor for expenditures 
     relating to capital improvements in support of Federal 
     Employees' Compensation Act administration, and the balance 
     of such funds shall be paid into the Treasury as 
     miscellaneous receipts: Provided further, That the Secretary 
     may require that any person filing a notice of injury or a 
     claim for benefits under Subchapter 5, U.S.C., chapter 81, or 
     under subchapter 33, U.S.C. 901, et seq. (the Longshore and 
     Harbor Workers' Compensation Act, as amended), provide as 
     part of such notice and claim, such identifying information 
     (including Social Security account number) as such 
     regulations may prescribe.

                    black lung disability trust fund


                     (including transfer of funds)

       For payments from the Black Lung Disability Trust Fund, 
     $996,763,000, of which $949,494,000 shall be available until 
     September 30, 1997, for payment of all benefits as authorized 
     by section 9501(d) (1), (2), (4), and (7), of the Internal 
     Revenue Code of 1954, as amended, and interest on advances as 
     authorized by section 9501(c)(2) of that Act, and of which 
     $27,350,000 shall be available for transfer to Employment 
     Standards Administration, Salaries and Expenses, and 
     $19,621,000 for transfer to Departmental Management, Salaries 
     and Expenses, and $298,000 for transfer to Departmental 
     Management, Office of Inspector General, for expenses of 
     operation and administration of the Black Lung Benefits 
     program as authorized by section 9501(d)(5)(A) of that Act: 
     Provided, That in addition, such amounts as may be necessary 
     may be charged to the subsequent year appropriation for the 
     payment of compensation, interest, or other benefits for any 
     period subsequent to August 15 of the current year: Provided 
     further, That in addition such amounts shall be paid from 
     this fund into miscellaneous receipts as the Secretary of the 
     Treasury determines to be the administrative expenses of the 
     Department of the Treasury for administering the fund during 
     the current fiscal year, as authorized by section 
     9501(d)(5)(B) of that Act.

             Occupational Safety and Health Administration

                         salaries and expenses

       For necessary expenses for the Occupational Safety and 
     Health Administration, $280,000,000 including not to exceed 
     $65,319,000 which shall be the maximum amount available for 
     grants to States under section 23(g) of the Occupational 
     Safety and Health Act, which grants shall be no less than 
     fifty percent of the costs of State occupational safety and 
     health programs required to be incurred under plans approved 
     by the Secretary under section 18 of the Occupational Safety 
     and Health Act of 1970; and, in addition, notwithstanding 31 
     U.S.C. 3302, the Occupational Safety and Health 
     Administration may retain up to $750,000 per fiscal year of 
     training institute course tuition fees, otherwise authorized 
     by law to be collected, and may utilize such sums for 
     occupational safety and health training and education grants: 
     Provided, That none of the funds appropriated under this 
     paragraph shall be obligated or expended to prescribe, issue, 
     administer, or enforce any standard, rule, regulation, or 
     order under the Occupational Safety and Health Act of 1970 
     which is applicable to any person who is engaged in a farming 
     operation which does not maintain a temporary labor camp and 
     employs ten or fewer employees: Provided further, That no 
     funds appropriated under this paragraph shall be obligated or 
     expended to administer or enforce any standard, rule, 
     regulation, or order under the Occupational Safety and Health 
     Act of 1970 with respect to any employer of ten or fewer 
     employees who is included within a category having an 
     occupational injury lost workday case rate, at the most 
     precise Standard Industrial Classification Code for which 
     such data are published, less than the national average rate 
     as such rates are most recently published by the Secretary, 
     acting through the Bureau of Labor Statistics, in accordance 
     with section 24 of that Act (29 U.S.C. 673), except--
       (1) to provide, as authorized by such Act, consultation, 
     technical assistance, educational and training services, and 
     to conduct surveys and studies;
       (2) to conduct an inspection or investigation in response 
     to an employee complaint, to issue a citation for violations 
     found during such inspection, and to assess a penalty for 
     violations which are not corrected within a reasonable 
     abatement period and for any willful violations found;
       (3) to take any action authorized by such Act with respect 
     to imminent dangers;
       (4) to take any action authorized by such Act with respect 
     to health hazards;
       (5) to take any action authorized by such Act with respect 
     to a report of an employment accident which is fatal to one 
     or more employees or which results in hospitalization of two 
     or more employees, and to take any action pursuant to such 
     investigation authorized by such Act; and
       (6) to take any action authorized by such Act with respect 
     to complaints of discrimination against employees for 
     exercising rights under such Act:
     Provided further, That the foregoing proviso shall not apply 
     to any person who is engaged in a farming operation which 
     does not maintain a temporary labor camp and employs ten or 
     fewer employees.

                 Mine Safety and Health Administration

                         salaries and expenses

       For necessary expenses for the Mine Safety and Health 
     Administration, $196,673,000, including purchase and bestowal 
     of certificates and trophies in connection with mine rescue 
     and first-aid work, and the hire of passenger motor vehicles; 
     the Secretary is authorized

[[Page H1917]]

     to accept lands, buildings, equipment, and other 
     contributions from public and private sources and to 
     prosecute projects in cooperation with other agencies, 
     Federal, State, or private; the Mine Safety and Health 
     Administration is authorized to promote health and safety 
     education and training in the mining community through 
     cooperative programs with States, industry, and safety 
     associations; and any funds available to the Department may 
     be used, with the approval of the Secretary, to provide for 
     the costs of mine rescue and survival operations in the event 
     of a major disaster: Provided, That none of the funds 
     appropriated under this paragraph shall be obligated or 
     expended to carry out section 115 of the Federal Mine Safety 
     and Health Act of 1977 or to carry out that portion of 
     section 104(g)(1) of such Act relating to the enforcement of 
     any training requirements, with respect to shell dredging, or 
     with respect to any sand, gravel, surface stone, surface 
     clay, colloidal phosphate, or surface limestone mine.

                       Bureau of Labor Statistics

                         salaries and expenses

       For necessary expenses for the Bureau of Labor Statistics, 
     including advances or reimbursements to State, Federal, and 
     local agencies and their employees for services rendered, 
     $292,462,000, of which $11,549,000 shall be for expenses of 
     revising the Consumer Price Index and shall remain available 
     until September 30, 1997, together with not to exceed 
     $49,997,000, which may be expended from the Employment 
     Security Administration account in the Unemployment Trust 
     Fund.

                        Departmental Management

                         salaries and expenses

       For necessary expenses for Departmental Management, 
     including the hire of three sedans, and including up to 
     $4,358,000 for the President's Committee on Employment of 
     People With Disabilities, $135,997,000; together with not to 
     exceed $303,000, which may be expended from the Employment 
     Security Administration account in the Unemployment Trust 
     Fund.


                          working capital fund

       The language under this heading in Public Law 85-67, as 
     amended, is further amended by adding the following before 
     the last period: ``: Provided further, That within the 
     Working Capital Fund, there is established an Investment in 
     Reinvention Fund (IRF), which shall be available to invest in 
     projects of the Department designed to produce measurable 
     improvements in agency efficiency and significant taxpayer 
     savings. Notwithstanding any other provision of law, the 
     Secretary of Labor may retain up to $3,900,000 of the 
     unobligated balances in the Department's annual Salaries and 
     Expenses accounts as of September 30, 1995, and transfer 
     those amounts to the IRF to provide the initial capital for 
     the IRF, to remain available until expended, to make loans to 
     agencies of the Department for projects designed to enhance 
     productivity and generate cost savings. Such loans shall be 
     repaid to the IRF no later than September 30 of the fiscal 
     year following the fiscal year in which the project is 
     completed. Such repayments shall be deposited in the IRF, to 
     be available without further appropriation action.''

        assistant secretary for veterans employment and training

       Not to exceed $170,390,000 may be derived from the 
     Employment Security Administration account in the 
     Unemployment Trust Fund to carry out the provisions of 38 
     U.S.C. 4100-4110A and 4321-4327, and Public Law 103-353, and 
     which shall be available for obligation by the States through 
     December 31, 1996.

                      office of inspector general

       For salaries and expenses of the Office of Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $44,426,000, together with 
     not to exceed $3,615,000, which may be expended from the 
     Employment Security Administration account in the 
     Unemployment Trust Fund.

                           GENERAL PROVISIONS

       Sec. 101. None of the funds appropriated in this title for 
     the Job Corps shall be used to pay the compensation of an 
     individual, either as direct costs or any proration as an 
     indirect cost, at a rate in excess of $125,000.
       Sec. 102. Section 427(c) of the Job Training Partnership 
     Act, as amended, is repealed.


                          (transfer of funds)

       Sec. 103. Not to exceed 1 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Labor in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 3 percent by any such transfers: Provided, That 
     the Appropriations Committees of both Houses of Congress are 
     notified at least fifteen days in advance of any transfers.
       Sec. 104. None of the funds made available in this Act may 
     be used by the Occupational Safety and Health Administration 
     directly or through section 23(g) of the Occupational Safety 
     and Health Act for the development, promulgation or issuance 
     of any proposed or final standard or guideline regarding 
     ergonomic protection or recording and reporting occupational 
     injuries and illnesses directly related thereto.
       This title may be cited as the ``Department of Labor 
     Appropriations Act, 1996''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

       For carrying out titles II, III, VII, VIII, X, XVI, XIX, 
     and XXVI of the Public Health Service Act, section 427(a) of 
     the Federal Coal Mine Health and Safety Act, title V of the 
     Social Security Act, the Health Care Quality Improvement Act 
     of 1986, as amended, and Public Law 101-527, $3,052,752,000, 
     of which $379,500,000 shall be for part A of title XXVI of 
     the Public Health Service Act and $250,147,000 shall be for 
     part B of title XXVI (including $52,000,000 which shall be 
     available only for section 2616) of the Public Health Service 
     Act, and of which $411,000 shall remain available until 
     expended for interest subsidies on loan guarantees made prior 
     to fiscal year 1981 under part B of title VII of the Public 
     Health Service Act: Provided, That the Division of Federal 
     Occupational Health may utilize personal services contracting 
     to employ professional management/administrative, and 
     occupational health professionals: Provided further, That of 
     the funds made available under this heading, $858,000 shall 
     be available until expended for facilities renovations at the 
     Gillis W. Long Hansen's Disease Center: Provided further, 
     That in addition to fees authorized by section 427(b) of the 
     Health Care Quality Improvement Act of 1986, fees shall be 
     collected for the full disclosure of information under the 
     Act sufficient to recover the full costs of operating the 
     National Practitioner Data Bank, and shall remain available 
     until expended to carry out that Act: Provided further, That 
     no more than $5,000,000 is available for carrying out the 
     provisions of Public Law 102-501, as amended: Provided 
     further, That of the funds made available under this heading, 
     $193,349,000 shall be for the program under title X of the 
     Public Health Service Act to provide for voluntary family 
     planning projects: Provided further, That amounts provided to 
     said projects under such title shall not be expended for 
     abortions, that all pregnancy counseling shall be 
     nondirective, and that such amounts shall not be expended for 
     any activity (including the publication or distribution of 
     literature) that in any way tends to promote public support 
     or opposition to any legislative proposal or candidate for 
     public office: Provided further, That notwithstanding any 
     other provision of law, funds made available under this 
     heading may be used to continue operating the Council on 
     Graduate Medical Education established by section 301 of 
     Public Law 102-408: Provided further, That funds made 
     available under this heading for activities authorized by 
     part A of title XXVI of the Public Health Service Act are 
     available only for those metropolitan areas previously funded 
     under Public Law 103-333 or with a cumulative total of more 
     than 2,000 cases of AIDS, as reported to the Centers for 
     Disease Control and Prevention as of March 31, 1995, and have 
     a population of 500,000 or more.

               medical facilities guarantee and loan fund


           federal interest subsidies for medical facilities

       For carrying out subsections (d) and (e) of section 1602 of 
     the Public Health Service Act, $8,000,000, together with any 
     amounts received by the Secretary in connection with loans 
     and loan guarantees under title VI of the Public Health 
     Service Act, to be available without fiscal year limitation 
     for the payment of interest subsidies. During the fiscal 
     year, no commitments for direct loans or loan guarantees 
     shall be made.

               health education assistance loans program

       For the cost of guaranteed loans, such sums as may be 
     necessary to carry out the purpose of the program, as 
     authorized by title VII of the Public Health Service Act, as 
     amended: Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974: Provided further, That 
     these funds are available to subsidize gross obligations for 
     the total loan principal any part of which is to be 
     guaranteed at not to exceed $210,000,000. In addition, for 
     administrative expenses to carry out the guaranteed loan 
     program, $2,688,000.

             vaccine injury compensation program trust fund

       For payments from the Vaccine Injury Compensation Program 
     Trust Fund, such sums as may be necessary for claims 
     associated with vaccine-related injury or death with respect 
     to vaccines administered after September 30, 1988, pursuant 
     to subtitle 2 of title XXI of the Public Health Service Act, 
     to remain available until expended: Provided, That for 
     necessary administrative expenses, not to exceed $3,000,000 
     shall be available from the Trust Fund to the Secretary of 
     Health and Human Services.

                      vaccine injury compensation

       For payment of claims resolved by the United States Court 
     of Federal Claims related to the administration of vaccines 
     before October 1, 1988, $110,000,000, to remain available 
     until expended.

               Centers for Disease Control and Prevention

                disease control, research, and training


                              (rescission)

       Of the amounts made available under this heading in Public 
     Law 103-333, Public Law 103-112, and Public Law 102-394 for 
     immunization activities, $53,000,000 are hereby rescinded: 
     Provided, That the Director may redirect the total amount 
     made available

[[Page H1918]]

     under authority of Public Law 101-502, dated November 3, 
     1990, to activities the Director may so designate: Provided 
     further, That the Congress is to be notified promptly of any 
     such transfer.

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

       For carrying out titles V and XIX of the Public Health 
     Service Act with respect to substance abuse and mental health 
     services, the Protection and Advocacy for Mentally Ill 
     Individuals Act of 1986, and section 301 of the Public Health 
     Service Act with respect to program management, 
     $1,883,715,000.

     retirement pay and medical benefits for commissioned officers

       For retirement pay and medical benefits of Public Health 
     Service Commissioned Officers as authorized by law, and for 
     payments under the Retired Serviceman's Family Protection 
     Plan and Survivor Benefit Plan and for medical care of 
     dependents and retired personnel under the Dependents' 
     Medical Care Act (10 U.S.C. ch. 55), and for payments 
     pursuant to section 229(b) of the Social Security Act (42 
     U.S.C. 429(b)), such amounts as may be required during the 
     current fiscal year.

               Agency for Health Care Policy and Research

                    health care policy and research

       For carrying out titles III and IX of the Public Health 
     Service Act, and part A of title XI of the Social Security 
     Act, $94,186,000; in addition, amounts received from Freedom 
     of Information Act fees, reimbursable and interagency 
     agreements, and the sale of data tapes shall be credited to 
     this appropriation and shall remain available until expended: 
     Provided, That the amount made available pursuant to section 
     926(b) of the Public Health Service Act shall not exceed 
     $31,124,000.

                  Health Care Financing Administration

                     grants to states for medicaid

       For carrying out, except as otherwise provided, titles XI 
     and XIX of the Social Security Act, $55,094,355,000, to 
     remain available until expended.
       For making, after May 31, 1996, payments to States under 
     title XIX of the Social Security Act for the last quarter of 
     fiscal year 1996 for unanticipated costs, incurred for the 
     current fiscal year, such sums as may be necessary.
       For making payments to States under title XIX of the Social 
     Security Act for the first quarter of fiscal year 1997, 
     $26,155,350,000, to remain available until expended.
       Payment under title XIX may be made for any quarter with 
     respect to a State plan or plan amendment in effect during 
     such quarter, if submitted in or prior to such quarter and 
     approved in that or any subsequent quarter.

                  payments to health care trust funds

       For payment to the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds, as 
     provided under sections 217(g) and 1844 of the Social 
     Security Act, sections 103(c) and 111(d) of the Social 
     Security Amendments of 1965, section 278(d) of Public Law 97-
     248, and for administrative expenses incurred pursuant to 
     section 201(g) of the Social Security Act, $63,313,000,000.

                           program management

       For carrying out, except as otherwise provided, titles XI, 
     XVIII, and XIX of the Social Security Act, and title XIII of 
     the Public Health Service Act, the Clinical Laboratory 
     Improvement Amendments of 1988, and section 4005(e) of Public 
     Law 100-203, not to exceed $1,734,810,000, together with all 
     funds collected in accordance with section 353 of the Public 
     Health Service Act, the latter funds to remain available 
     until expended; together with such sums as may be collected 
     from authorized user fees and the sale of data, which shall 
     remain available until expended; the $1,734,810,000, to be 
     transferred to this appropriation as authorized by section 
     201(g) of the Social Security Act, from the Federal Hospital 
     Insurance and the Federal Supplementary Medical Insurance 
     Trust Funds: Provided, That all funds derived in accordance 
     with 31 U.S.C. 9701 from organizations established under 
     title XIII of the Public Health Service Act are to be 
     credited to this appropriation.

      health maintenance organization loan and loan guarantee fund

       For carrying out subsections (d) and (e) of section 1308 of 
     the Public Health Service Act, any amounts received by the 
     Secretary in connection with loans and loan guarantees under 
     title XIII of the Public Health Service Act, to be available 
     without fiscal year limitation for the payment of outstanding 
     obligations. During fiscal year 1996, no commitments for 
     direct loans or loan guarantees shall be made.

                Administration for Children and Families

                   family support payments to states

       For making payments to States or other non-Federal 
     entities, except as otherwise provided, under titles I, IV-A 
     (other than section 402(g)(6)) and D, X, XI, XIV, and XVI of 
     the Social Security Act, and the Act of July 5, 1960 (24 
     U.S.C. ch. 9), $13,614,307,000, to remain available until 
     expended.
       For making, after May 31 of the current fiscal year, 
     payments to States or other non-Federal entities under titles 
     I, IV-A and D, X, XI, XIV, and XVI of the Social Security 
     Act, for the last three months of the current year for 
     unanticipated costs, incurred for the current fiscal year, 
     such sums as may be necessary.
       For making payments to States or other non-Federal entities 
     under titles I, IV-A (other than section 402(g)(6)) and D, X, 
     XI, XIV, and XVI of the Social Security Act and the Act of 
     July 5, 1960 (24 U.S.C. ch. 9) for the first quarter of 
     fiscal year 1997, $4,800,000,000, to remain available until 
     expended.

                   job opportunities and basic skills

       For carrying out aid to families with dependent children 
     work programs, as authorized by part F of title IV of the 
     Social Security Act, $1,000,000,000.

                   low income home energy assistance


                              (rescission)

       Of the funds made available beginning on October 1, 1995 
     under this heading in Public Law 103-333, $100,000,000 are 
     hereby rescinded.

                     refugee and entrant assistance

       For making payments for refugee and entrant assistance 
     activities authorized by title IV of the Immigration and 
     Nationality Act and section 501 of the Refugee Education 
     Assistance Act of 1980 (Public Law 96-422), $397,872,000: 
     Provided, That funds appropriated pursuant to section 414(a) 
     of the Immigration and Nationality Act under Public Law 103-
     112 for fiscal year 1994 shall be available for the costs of 
     assistance provided and other activities conducted in such 
     year and in fiscal years 1995 and 1996.

                 child care and development block grant

       For carrying out sections 658A through 658R of the Omnibus 
     Budget Reconciliation Act of 1981 (The Child Care and 
     Development Block Grant Act of 1990), $934,642,000, which 
     shall be available for obligation under the same statutory 
     terms and conditions applicable in the prior fiscal year.

                      social services block grant

       For making grants to States pursuant to section 2002 of the 
     Social Security Act, $2,520,000,000: Provided, That 
     notwithstanding section 2003(c) of such Act, the amount 
     specified for allocation under such section for fiscal year 
     1996 shall be $2,520,000,000.

                children and families services programs

       For carrying out, except as otherwise provided, the Runaway 
     and Homeless Youth Act, the Developmental Disabilities 
     Assistance and Bill of Rights Act, the Head Start Act, the 
     Child Abuse Prevention and Treatment Act, the Family Violence 
     Prevention and Services Act, the Native American Programs Act 
     of 1974, title II of Public Law 95-266 (adoption 
     opportunities), the Temporary Child Care for Children with 
     Disabilities and Crisis Nurseries Act of 1986, the Abandoned 
     Infants Assistance Act of 1988, and part B(1) of title IV of 
     the Social Security Act; for making payments under the 
     Community Services Block Grant Act ($435,463,000); and for 
     necessary administrative expenses to carry out said Acts and 
     titles I, IV, X, XI, XIV, XVI, and XX of the Social Security 
     Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus 
     Budget Reconciliation Act of 1981, title IV of the 
     Immigration and Nationality Act, section 501 of the Refugee 
     Education Assistance Act of 1980, and section 126 and titles 
     IV and V of Public Law 100-485, $4,694,222,000: Provided, 
     That to the extent Community Services Block Grant funds are 
     distributed as grant funds by a State to an eligible entity 
     as provided under the Act, and have not been expended by such 
     entity, they shall remain with such entity for carry-over 
     into the next fiscal year for expenditure by such entity 
     consistent with program purposes.
       In addition, $21,358,000, to be derived from the Violent 
     Crime Reduction Trust Fund, for carrying out sections 40155, 
     40211, 40241, and 40251 of Public Law 103-322.

                    family preservation and support

       For carrying out section 430 of the Social Security Act, 
     $225,000,000.

       payments to states for foster care and adoption assistance

       For making payments to States or other non-Federal 
     entities, under title IV-E of the Social Security Act, 
     $4,322,238,000.

                        Administration on Aging

                        aging services programs

       For carrying out, to the extent not otherwise provided, the 
     Older Americans Act of 1965, as amended, $801,232,000.

                        Office of the Secretary

                    general departmental management

       For necessary expenses, not otherwise provided, for general 
     departmental management, including hire of six medium sedans, 
     and for carrying out titles III, XVII, and XX of the Public 
     Health Service Act, $136,499,000, together with $6,628,000, 
     to be transferred and expended as authorized by section 
     201(g)(1) of the Social Security Act from the Hospital 
     Insurance Trust Fund and the Supplemental Medical Insurance 
     Trust Fund: Provided, That of the funds made available under 
     this heading for carrying out title XVII of the Public Health 
     Service Act, $7,500,000 shall be available until expended for 
     extramural construction.

                      office of inspector general

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $29,956,000, together with not to exceed 
     $1,000,000, to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the 
     Hospital Insurance Trust Fund and the Supplemental Medical 
     Insurance Trust Fund.

[[Page H1919]]

                        office for civil rights

       For expenses necessary for the Office for Civil Rights, 
     $16,153,000, together with not to exceed $3,314,000, to be 
     transferred and expended as authorized by section 201(g)(1) 
     of the Social Security Act from the Hospital Insurance Trust 
     Fund and the Supplemental Medical Insurance Trust Fund.

                            policy research

       For carrying out, to the extent not otherwise provided, 
     research studies under section 1110 of the Social Security 
     Act, $9,000,000.

                           GENERAL PROVISIONS

       Sec. 201. Funds appropriated in this title shall be 
     available for not to exceed $37,000 for official reception 
     and representation expenses when specifically approved by the 
     Secretary.
       Sec. 202. The Secretary shall make available through 
     assignment not more than 60 employees of the Public Health 
     Service to assist in child survival activities and to work in 
     AIDS programs through and with funds provided by the Agency 
     for International Development, the United Nations 
     International Children's Emergency Fund or the World Health 
     Organization.
       Sec. 203. None of the funds appropriated under this Act may 
     be used to implement section 399L(b) of the Public Health 
     Service Act or section 1503 of the National Institutes of 
     Health Revitalization Act of 1993, Public Law 103-43.
       Sec. 204. None of the funds made available by this Act may 
     be used to withhold payment to any State under the Child 
     Abuse Prevention and Treatment Act by reason of a 
     determination that the State is not in compliance with 
     section 1340.2(d)(2)(ii) of title 45 of the Code of Federal 
     Regulations. This provision expires upon the date of 
     enactment of the reauthorization of the Child Abuse 
     Prevention and Treatment Act or upon September 30, 1996, 
     whichever occurs first.
       Sec. 205. None of the funds appropriated in this or any 
     other Act for the National Institutes of Health and the 
     Substance Abuse and Mental Health Services Administration 
     shall be used to pay the salary of an individual, through a 
     grant or other extramural mechanism, at a rate in excess of 
     $125,000 per year.
       Sec. 206. Taps and other assessments made by any office 
     located in the Department of Health and Human Services shall 
     be treated as a reprogramming of funds except that this 
     provision shall not apply to assessments required by 
     authorizing legislation, or related to working capital funds 
     or other fee-for-service activities. None of the funds 
     appropriated in this Act may be expended pursuant to section 
     241 of the Public Health Service Act, except for funds 
     specifically provided for in this Act, prior to the 
     Secretary's preparation and submission of a report to the 
     Committee on Appropriations of the Senate and of the House 
     detailing the planned uses of such funds.


                          (transfer of funds)

       Sec. 207. Of the funds appropriated or otherwise made 
     available for the Department of Health and Human Services, 
     General Departmental Management, for fiscal year 1996, the 
     Secretary of Health and Human Services shall transfer to the 
     Office of the Inspector General such sums as may be necessary 
     for any expenses with respect to the provision of security 
     protection for the Secretary of Health and Human Services.
       Sec. 208. None of the funds appropriated in this Act may be 
     obligated or expended for the Federal Council on Aging under 
     the Older Americans Act or the Advisory Board on Child Abuse 
     and Neglect under the Child Abuse Prevention and Treatment 
     Act.


                          (transfer of funds)

       Sec. 209. Not to exceed 1 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Health and Human Services in this Act may be transferred 
     between such appropriations, but no such appropriation shall 
     be increased by more than 3 percent by any such transfers: 
     Provided, That the Appropriations Committees of both Houses 
     of Congress are notified at least fifteen days in advance of 
     any transfers.
       Sec. 210. Of the funds provided for the account heading 
     ``Disease Control, Research, and Training'' in Public Law 
     104-91, $31,642,000, to be derived from the Violent Crime 
     Reduction Trust Fund, is hereby available for carrying out 
     sections 40151, 40261, and 40293 of Public Law 103-322 
     notwithstanding any provision of Public Law 104-91.


                          (transfer of funds)

       Sec. 211. The Director of the National Institutes of Health 
     may transfer funds made available for the National Institutes 
     of Health under Public Law 104-91 between the Institutes, 
     Centers, and the National Library of Medicine to carry out 
     the purposes of part D of title XXIII of the Public Health 
     Service Act, provided that no appropriation may be decreased 
     by more than 2 percent by any such transfers and that the 
     Congress is promptly notified of the transfer.
       Sec. 212. In fiscal year 1996, the National Library of 
     Medicine may enter into personal services contracts for the 
     provision of services in facilities owned, operated, or 
     constructed under the jurisdiction of the National Institutes 
     of Health.
       Sec. 213. Notwithstanding section 106 of Public Law 104-91, 
     appropriations for the National Institutes of Health and the 
     Centers for Disease Control and Prevention shall be available 
     for fiscal year 1996 as specified in section 101 of Public 
     Law 104-91.
       This title may be cited as the ``Department of Health and 
     Human Services Appropriations Act, 1996''.

                   TITLE III--DEPARTMENT OF EDUCATION

                            education reform

       For carrying out activities authorized by titles II and III 
     of the School-to-Work Opportunities Act, $95,000,000 which 
     shall become available on July 1, 1996, and remain available 
     through September 30, 1997.

                    education for the disadvantaged

       For carrying out title I of the Elementary and Secondary 
     Education Act of 1965, and section 418A of the Higher 
     Education Act, $6,049,113,000, of which $6,032,774,000 shall 
     become available on July 1, 1996 and shall remain available 
     through September 30, 1997: Provided, That $4,949,505,000 
     shall be available for basic grants under section 1124, which 
     shall be allocated without regard to section 1124(d): 
     Provided further, That up to $3,500,000 of these funds shall 
     be available to the Secretary on October 1, 1995 and shall 
     remain available through September 30, 1997, to obtain 
     updated local-educational-agency-level census poverty data 
     from the Bureau of the Census: Provided further, That 
     $549,945,000 shall be available for concentration grants 
     under section 1124(A) and $3,370,000 shall be available for 
     evaluations under section 1501: Provided further, That no 
     funds shall be reserved under section 1003(a) of said Act.

                               impact aid

       For carrying out programs of financial assistance to 
     federally affected schools authorized by title VIII of the 
     Elementary and Secondary Education Act of 1965, $693,000,000, 
     of which $583,011,000 shall be for basic support payments 
     under section 8003(b), $40,000,000 shall be for payments for 
     children with disabilities under section 8003(d), 
     $50,000,000, to remain available until expended, shall be for 
     payments under section 8003(f), $5,000,000 shall be for 
     construction under section 8007, and $14,989,000 shall be for 
     Federal property payments under section 8002.

                      school improvement programs

       For carrying out school improvement activities authorized 
     by titles II, IV-A-1, V-A, VI, section 7203, and titles IX, X 
     and XIII of the Elementary and Secondary Education Act of 
     1965; the Stewart B. McKinney Homeless Assistance Act; and 
     the Civil Rights Act of 1964; $946,227,000 of which 
     $773,000,000 shall become available on July 1, 1996, and 
     remain available through September 30, 1997: Provided, That 
     of the amount appropriated, $275,000,000 shall be for 
     Eisenhower professional development State grants under title 
     II-B and $275,000,000 shall be for innovative education 
     program strategies State grants under title VI-A: Provided 
     further, That not less than $3,000,000 shall be for 
     innovative programs under section 5111.

                   bilingual and immigrant education

       For carrying out, to the extent not otherwise provided, 
     bilingual and immigrant education activities authorized by 
     title VII of the Elementary and Secondary Education Act, 
     $150,000,000 of which $50,000,000 shall be for immigrant 
     education programs authorized by part C: Provided, That State 
     educational agencies may use all, or any part of, their part 
     C allocation for competitive grants to local educational 
     agencies: Provided further, That the Department of Education 
     should only support instructional programs which ensure that 
     students completely master English in a timely fashion (a 
     period of three to five years) while meeting rigorous 
     achievement standards in the academic content areas: Provided 
     further, That no funds shall be available for subpart 3 of 
     part A.

                           special education

       For carrying out parts B, C, D, E, F, G, and H and section 
     610(j)(2)(C) of the Individuals with Disabilities Education 
     Act, $3,245,447,000, of which $3,000,000,000 shall become 
     available for obligation on July 1, 1996, and shall remain 
     available through September 30, 1997.

            rehabilitation services and disability research

       For carrying out, to the extent not otherwise provided, the 
     Rehabilitation Act of 1973, the Technology-Related Assistance 
     for Individuals with Disabilities Act, and the Helen Keller 
     National Center Act, as amended, $2,452,620,000, of which 
     $4,500,000 shall be for employment-related activities of the 
     1996 Paralympic Games.

           Special Institutions for Persons With Disabilities


                 american printing house for the blind

       For carrying out the Act of March 3, 1879, as amended (20 
     U.S.C. 101 et seq.), $6,680,000.


               national technical institute for the deaf

       For the National Technical Institute for the Deaf under 
     titles I and II of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4301 et seq.), $42,180,000: Provided, That from the 
     amount available, the Institute may at its discretion use 
     funds for the endowment program as authorized under section 
     207.


                          gallaudet university

       For the Kendall Demonstration Elementary School, the Model 
     Secondary School for the Deaf, and the partial support of 
     Gallaudet University under titles I and II of the Education 
     of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), 
     $77,629,000: Provided, That from the amount available, the 
     University may at its discretion use funds for the endowment 
     program as authorized under section 207.

                     vocational and adult education

       For carrying out, to the extent not otherwise provided, the 
     Carl D. Perkins Vocational and Applied Technology Education

[[Page H1920]]

     Act, the Adult Education Act, and the National Literacy Act 
     of 1991, $1,257,134,000, of which $4,869,000 shall be for the 
     National Institute for Literacy; and of which $1,254,215,000 
     shall become available on July 1, 1996 and shall remain 
     available through September 30, 1997: Provided, That of the 
     amounts made available under the Carl D. Perkins Vocational 
     and Applied Technology Education Act, $5,000,000 shall be for 
     national programs under title IV without regard to section 
     451 and $350,000 shall be for evaluations under section 
     346(b) of the Act.

                      student financial assistance

       For carrying out subparts 1 and 3 of part A, part C, and 
     part E of title IV of the Higher Education Act of 1965, as 
     amended, $6,643,246,000, which shall remain available through 
     September 30, 1997: Provided, That notwithstanding section 
     401(a)(1) of the Act, there shall be not to exceed 3,650,000 
     Pell Grant recipients in award year 1995-1996.
       The maximum Pell Grant for which a student shall be 
     eligible during award year 1996-1997 shall be $2,440: 
     Provided, That notwithstanding section 401(g) of the Act, as 
     amended, if the Secretary determines, prior to publication of 
     the payment schedule for award year 1996-1997, that the 
     $5,423,331,000 included within this appropriation for Pell 
     Grant awards for award year 1996-1997, and any funds 
     available from the fiscal year 1995 appropriation for Pell 
     Grant awards, are insufficient to satisfy fully all such 
     awards for which students are eligible, as calculated under 
     section 401(b) of the Act, the amount paid for each such 
     award shall be reduced by either a fixed or variable 
     percentage, or by a fixed dollar amount, as determined in 
     accordance with a schedule of reductions established by the 
     Secretary for this purpose.

             federal family education loan program account

       For Federal administrative expenses to carry out guaranteed 
     student loans authorized by title IV, part B, of the Higher 
     Education Act, as amended, $30,066,000.

                            higher education

       For carrying out, to the extent not otherwise provided, 
     parts A and B of title III, without regard to section 
     360(a)(1)(B)(ii), and part A of title IV, part E of title V, 
     parts A, B, and C of title VI, title VII, title IX, part A 
     and subpart 1 of part B of title X, part A of title XI of the 
     Higher Education Act of 1965, as amended, Public Law 102-423 
     and the Mutual Educational and Cultural Exchange Act of 1961; 
     $836,964,000, of which $16,712,000 for interest subsidies 
     under title VII of the Higher Education Act, as amended, 
     shall remain available until expended.

                           howard university

       For partial support of Howard University (20 U.S.C. 121 et 
     seq.), $174,671,000.

                   higher education facilities loans

       The Secretary is hereby authorized to make such 
     expenditures, within the limits of funds available under this 
     heading and in accord with law, and to make such contracts 
     and commitments without regard to fiscal year limitation, as 
     provided by section 104 of the Government Corporation Control 
     Act (31 U.S.C. 9104), as may be necessary in carrying out the 
     program for the current fiscal year.

         college housing and academic facilities loans program

       For administrative expenses to carry out the existing 
     direct loan program of college housing and academic 
     facilities loans entered into pursuant to title VII, part C, 
     of the Higher Education Act, as amended, $700,000.

                         college housing loans

       Pursuant to title VII, part C of the Higher Education Act, 
     as amended, for necessary expenses of the college housing 
     loans program, previously carried out under title IV of the 
     Housing Act of 1950, the Secretary shall make expenditures 
     and enter into contracts without regard to fiscal year 
     limitation using loan repayments and other resources 
     available to this account. Any unobligated balances becoming 
     available from fixed fees paid into this account pursuant to 
     12 U.S.C. 1749d, relating to payment of costs for inspections 
     and site visits, shall be available for the operating 
     expenses of this account.

 historically black college and university capital financing, program 
                                account

       The total amount of bonds insured pursuant to section 724 
     of title VII, part B of the Higher Education Act shall not 
     exceed $357,000,000, and the cost, as defined in section 502 
     of the Congressional Budget Act of 1974, of such bonds shall 
     not exceed zero.
       For administrative expenses to carry out the Historically 
     Black College and University Capital Financing Program 
     entered into pursuant to title VII, part B of the Higher 
     Education Act, as amended, $166,000.

            education research, statistics, and improvement

       For carrying out activities authorized by the Educational 
     Research, Development, Dissemination, and Improvement Act; 
     the National Education Statistics Act; section 2102, parts A, 
     B, C, and D of title III, parts A, B, I, K, and section 10601 
     of title X, part C of title XIII of the Elementary and 
     Secondary Education Act of 1965, as amended, and section 601 
     of Public Law 103-227, $328,268,000: Provided, That 
     $4,000,000 shall be for section 10601 of the Elementary and 
     Secondary Education Act: Provided further, That $25,000,000 
     shall be for section 3136 (K-12 technology learning 
     challenges) of the Elementary and Secondary Education Act: 
     Provided further, That none of the funds appropriated in this 
     paragraph may be obligated or expended for the Goals 2000 
     Community Partnerships Program.

                               libraries

       For carrying out, to the extent not otherwise provided, 
     titles I, II, and III of the Library Services and 
     Construction Act, and title II-B of the Higher Education Act, 
     $131,505,000, of which $16,369,000 shall be used to carry out 
     the provisions of title II of the Library Services and 
     Construction Act and shall remain available until expended.

                        Departmental Management

                         program administration

       For carrying out, to the extent not otherwise provided, the 
     Department of Education Organization Act, including rental of 
     conference rooms in the District of Columbia and hire of two 
     passenger motor vehicles, $327,319,000.

                        office for civil rights

       For expenses necessary for the Office for Civil Rights, as 
     authorized by section 203 of the Department of Education 
     Organization Act, $55,451,000.

                    office of the inspector general

       For expenses necessary for the Office of the Inspector 
     General, as authorized by section 212 of the Department of 
     Education Organization Act, $28,654,000.

                        headquarters renovation

       For necessary expenses for the renovation of the Department 
     of Education headquarters building, $7,000,000, to remain 
     available until September 30, 1998.

                           GENERAL PROVISIONS

       Sec. 301. No funds appropriated in this Act may be used for 
     the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     overcome racial imbalance in any school or school system, or 
     for the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     carry out a plan of racial desegregation of any school or 
     school system.
       Sec. 302. None of the funds contained in this Act shall be 
     used to require, directly or indirectly, the transportation 
     of any student to a school other than the school which is 
     nearest the student's home, except for a student requiring 
     special education, to the school offering such special 
     education, in order to comply with title VI of the Civil 
     Rights Act of 1964. For the purpose of this section an 
     indirect requirement of transportation of students includes 
     the transportation of students to carry out a plan involving 
     the reorganization of the grade structure of schools, the 
     pairing of schools, or the clustering of schools, or any 
     combination of grade restructuring, pairing or clustering. 
     The prohibition described in this section does not include 
     the establishment of magnet schools.
       Sec. 303. No funds appropriated under this Act may be used 
     to prevent the implementation of programs of voluntary prayer 
     and meditation in the public schools.
       Sec. 304. No funds appropriated under this Act shall be 
     made available for opportunity to learn standards or 
     strategies.
       Sec. 305. Notwithstanding any other provision of law, funds 
     available under section 458 of the Higher Education Act shall 
     not exceed $260,000,000 for fiscal year 1996. The Department 
     of Education shall use such funds as follows: (i) 
     $100,000,000 for the indirect administrative expenses of the 
     loan programs under part B and part D of the Higher Education 
     Act; (ii) $95,000,000 for administrative cost allowances owed 
     to guaranty agencies for fiscal year 1995 estimated at 
     $95,000,000; and (iii) administrative cost allowances to 
     guaranty agencies, to be paid quarterly, calculated on the 
     basis of 0.85 percent of the total principal amount of loans 
     upon which insurance was issued on or after October 1, 1995 
     by such guaranty agency. Receipt of such funds and uses of 
     such funds by guaranty agencies shall be in accordance with 
     section 428(f) of the Higher Education Act.
       Notwithstanding any other provision of law, for fiscal year 
     1996 there shall be available to the Secretary from funds not 
     otherwise appropriated, funds to be obligated for subsidy 
     costs for the William D. Ford Direct Loan Program which 
     represent the estimated long-term cost to the Federal 
     Government of direct administrative expenses calculated on a 
     net present value basis.
       Notwithstanding section 458 of the Higher Education Act, 
     the Secretary may not use funds available under that section 
     or any other section for subsequent fiscal years for 
     administrative expenses of the William D. Ford Direct Loan 
     Program. The Secretary may not require the return of guaranty 
     agency reserve funds during fiscal year 1996, except after 
     consultation with both the chairman and ranking member of the 
     House Economic and Educational Opportunities Committee and 
     the Senate Labor and Human Resources Committee. Any reserve 
     funds recovered by the Secretary shall be returned to the 
     Treasury of the United States for purposes of reducing the 
     Federal debt.
       No funds available to the Secretary may be used for (1) 
     marketing, advertising or promotion of the William D. Ford 
     Direct Loan Program, or for the hiring of advertising 
     agencies or other third parties to provide advertising 
     services, or (2) payment of administrative fees relating to 
     the William D. Ford Direct Loan Program to institutions of 
     higher education, or (3) for purposes of conducting an 
     evaluation of the William D. Ford Direct Loan Program except 
     as administered

[[Page H1921]]

     by the Advisory Committee on Student Financial Assistance.
       Notwithstanding any other provision of law, for academic 
     year 1996-1997 and for each succeeding academic year, loans 
     made under part D of the Higher Education Act, including 
     Federal Direct Consolidation Loans, shall represent not more 
     than 40 percent of the new student loan volume for such year, 
     except that the Secretary shall not enter into an agreement 
     with an eligible institution that has not applied and been 
     accepted for participation in the direct loan program on or 
     before September 30, 1995.
       Sec. 306. None of the funds appropriated in this Act may be 
     obligated or expended to carry out sections 727, 932, and 
     1002 of the Higher Education Act of 1965, section 621(b) of 
     Public Law 101-589, the President's Advisory Commission on 
     Educational Excellence for Hispanic Americans, and the 
     President's Board of Advisors on Historically Black Colleges 
     and Universities.


                          (transfer of funds)

       Sec. 307. Not to exceed 1 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Education in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 3 percent by any such transfers: Provided, That 
     the Appropriations Committees of both Houses of Congress are 
     notified at least fifteen days in advance of any transfers.
       This title may be cited as the ``Department of Education 
     Appropriations Act, 1996''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

       For expenses necessary for the Armed Forces Retirement Home 
     to operate and maintain the United States Soldiers' and 
     Airmen's Home and the United States Naval Home, to be paid 
     from funds available in the Armed Forces Retirement Home 
     Trust Fund, $55,971,000, of which $1,954,000 shall remain 
     available until expended for construction and renovation of 
     the physical plants at the United States Soldiers' and 
     Airmen's Home and the United States Naval Home: Provided, 
     That this appropriation shall not be available for the 
     payment of hospitalization of members of the Soldiers' and 
     Airmen's Home in United States Army hospitals at rates in 
     excess of those prescribed by the Secretary of the Army upon 
     recommendation of the Board of Commissioners and the Surgeon 
     General of the Army.

             Corporation for National and Community Service

        domestic volunteer service programs, operating expenses

       For expenses necessary for the Corporation for National and 
     Community Service to carry out the provisions of the Domestic 
     Volunteer Service Act of 1973, as amended, $196,270,000.

                  Corporation for Public Broadcasting

       For payment to the Corporation for Public Broadcasting, as 
     authorized by the Communications Act of 1934, an amount which 
     shall be available within limitations specified by that Act, 
     for the fiscal year 1998, $250,000,000: Provided, That no 
     funds made available to the Corporation for Public 
     Broadcasting by this Act shall be used to pay for receptions, 
     parties, or similar forms of entertainment for Government 
     officials or employees: Provided further, That none of the 
     funds contained in this paragraph shall be available or used 
     to aid or support any program or activity from which any 
     person is excluded, or is denied benefits, or is 
     discriminated against, on the basis of race, color, national 
     origin, religion, or sex.

               Federal Mediation and Conciliation Service

                         salaries and expenses

       For expenses necessary for the Federal Mediation and 
     Conciliation Service to carry out the functions vested in it 
     by the Labor Management Relations Act, 1947 (29 U.S.C. 171-
     180, 182-183), including hire of passenger motor vehicles; 
     and for expenses necessary for the Labor-Management 
     Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses 
     necessary for the Service to carry out the functions vested 
     in it by the Civil Service Reform Act, Public Law 95-454 (5 
     U.S.C. chapter 71), $32,896,000 including $1,500,000, to 
     remain available through September 30, 1997, for activities 
     authorized by the Labor Management Cooperation Act of 1978 
     (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 
     3302, fees charged for special training activities up to 
     full-cost recovery shall be credited to and merged with this 
     account, and shall remain available until expended: Provided 
     further, That the Director of the Service is authorized to 
     accept on behalf of the United States gifts of services and 
     real, personal, or other property in the aid of any projects 
     or functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

       For expenses necessary for the Federal Mine Safety and 
     Health Review Commission (30 U.S.C. 801 et seq.), $6,200,000.

        National Commission on Libraries and Information Science

                         salaries and expenses

       For necessary expenses for the National Commission on 
     Libraries and Information Science, established by the Act of 
     July 20, 1970 (Public Law 91-345, as amended by Public Law 
     102-95), $829,000.

                     National Council on Disability

                         salaries and expenses

       For expenses necessary for the National Council on 
     Disability as authorized by title IV of the Rehabilitation 
     Act of 1973, as amended, $1,793,000.

                     National Education Goals Panel

       For expenses necessary for the National Education Goals 
     Panel, as authorized by title II, part A of the Goals 2000: 
     Educate America Act, $1,000,000.

                     National Labor Relations Board

                         salaries and expenses

       For expenses necessary for the National Labor Relations 
     Board to carry out the functions vested in it by the Labor-
     Management Relations Act, 1947, as amended (29 U.S.C. 141-
     167), and other laws, $167,245,000: Provided, That no part of 
     this appropriation shall be available to organize or assist 
     in organizing agricultural laborers or used in connection 
     with investigations, hearings, directives, or orders 
     concerning bargaining units composed of agricultural laborers 
     as referred to in section 2(3) of the Act of July 5, 1935 (29 
     U.S.C. 152), and as amended by the Labor-Management Relations 
     Act, 1947, as amended, and as defined in section 3(f) of the 
     Act of June 25, 1938 (29 U.S.C. 203), and including in said 
     definition employees engaged in the maintenance and operation 
     of ditches, canals, reservoirs, and waterways when maintained 
     or operated on a mutual, nonprofit basis and at least 95 per 
     centum of the water stored or supplied thereby is used for 
     farming purposes: Provided further, That no part of this 
     appropriation may be used by the National Labor Relations 
     Board to petition a United States district court for 
     temporary relief or a restraining order as described under 
     section 10(j) of the National Labor Relations Act unless 
     there is a reasonable likelihood of success on the merits of 
     the complaint that an unfair labor practice has occurred, 
     there is a possibility of irreparable harm if such relief is 
     not granted, a balancing of hardships favors injunctive 
     relief, and harm to the public interest stemming from 
     injunctive relief is tolerable in light of the benefits 
     achieved by such relief.

                        National Mediation Board

                         salaries and expenses

       For expenses necessary to carry out the provisions of the 
     Railway Labor Act, as amended (45 U.S.C. 151-188), including 
     emergency boards appointed by the President, $7,837,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

       For expenses necessary for the Occupational Safety and 
     Health Review Commission (29 U.S.C. 661), $8,100,000.

                  Physician Payment Review Commission

                         salaries and expenses

       For expenses necessary to carry out section 1845(a) of the 
     Social Security Act, $2,923,000, to be transferred to this 
     appropriation from the Federal Supplementary Medical 
     Insurance Trust Fund.

               Prospective Payment Assessment Commission

                         salaries and expenses

       For expenses necessary to carry out section 1886(e) of the 
     Social Security Act, $3,267,000, to be transferred to this 
     appropriation from the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds.

                     Social Security Administration

                payments to social security trust funds

       For payment to the Federal Old-Age and Survivors Insurance 
     and the Federal Disability Insurance trust funds, as provided 
     under sections 201(m), 228(g), and 1131(b)(2) of the Social 
     Security Act, $22,641,000.
       In addition, to reimburse these trust funds for 
     administrative expenses to carry out sections 9704 and 9706 
     of the Internal Revenue Code of 1986, $10,000,000, to remain 
     available until expended.

               special benefits for disabled coal miners

       For carrying out title IV of the Federal Mine Safety and 
     Health Act of 1977, $485,396,000, to remain available until 
     expended.
       For making, after July 31 of the current fiscal year, 
     benefit payments to individuals under title IV of the Federal 
     Mine Safety and Health Act of 1977, for costs incurred in the 
     current fiscal year, such amounts as may be necessary.
       For making benefit payments under title IV of the Federal 
     Mine Safety and Health Act of 1977 for the first quarter of 
     fiscal year 1997, $170,000,000, to remain available until 
     expended.

                  supplemental security income program

       For carrying out titles XI and XVI of the Social Security 
     Act, section 401 of Public Law 92-603, section 212 of Public 
     Law 93-66, as amended, and section 405 of Public Law 95-216, 
     including payment to the Social Security trust funds for 
     administrative expenses incurred pursuant to section 
     201(g)(1) of the Social Security Act, $18,753,834,000, to 
     remain available until expended: Provided, That any portion 
     of the funds provided to a State in the current fiscal year 
     and not obligated by the State during that year shall be 
     returned to the Treasury.
       For making, after June 15 of the current fiscal year, 
     benefit payments to individuals under title XVI of the Social 
     Security Act, for unanticipated costs incurred for the 
     current fiscal year, such sums as may be necessary.

[[Page H1922]]

       For carrying out title XVI of the Social Security Act for 
     the first quarter of fiscal year 1997, $9,260,000,000, to 
     remain available until expended.

                 limitation on administrative expenses

       For necessary expenses, including the hire of two medium 
     size passenger motor vehicles, and not to exceed $10,000 for 
     official reception and representation expenses, not more than 
     $5,164,268,000 may be expended, as authorized by section 
     201(g)(1) of the Social Security Act or as necessary to carry 
     out sections 9704 and 9706 of the Internal Revenue Code of 
     1986 from any one or all of the trust funds referred to 
     therein: Provided, That reimbursement to the trust funds 
     under this heading for administrative expenses to carry out 
     sections 9704 and 9706 of the Internal Revenue Code of 1986 
     shall be made, with interest, not later than September 30, 
     1997.
       In addition to funding already available under this 
     heading, and subject to the same terms and conditions, 
     $407,000,000, for disability caseload processing.
       In addition to funding already available under this 
     heading, and subject to the same terms and conditions, 
     $228,000,000, which shall remain available until expended, to 
     invest in a state-of-the-art computing network, including 
     related equipment and administrative expenses associated 
     solely with this network, for the Social Security 
     Administration and the State Disability Determination 
     Services, may be expended from any or all of the trust funds 
     as authorized by section 201(g)(1) of the Social Security 
     Act.


                      office of inspector general

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $4,816,000, together with not to exceed 
     $21,076,000, to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund.

                       Railroad Retirement Board


                     dual benefits payments account

       For payment to the Dual Benefits Payments Account, 
     authorized under section 15(d) of the Railroad Retirement Act 
     of 1974, $239,000,000, which shall include amounts becoming 
     available in fiscal year 1996 pursuant to section 
     224(c)(1)(B) of Public Law 98-76; and in addition, an amount, 
     not to exceed 2 percent of the amount provided herein, shall 
     be available proportional to the amount by which the product 
     of recipients and the average benefit received exceeds 
     $239,000,000: Provided, That the total amount provided herein 
     shall be credited in 12 approximately equal amounts on the 
     first day of each month in the fiscal year.

          federal payments to the railroad retirement accounts

       For payment to the accounts established in the Treasury for 
     the payment of benefits under the Railroad Retirement Act for 
     interest earned on unnegotiated checks, $300,000, to remain 
     available through September 30, 1997, which shall be the 
     maximum amount available for payment pursuant to section 417 
     of Public Law 98-76.


                      limitation on administration

       For necessary expenses for the Railroad Retirement Board, 
     $73,561,000, to be derived from the railroad retirement 
     accounts.


   limitation on railroad unemployment insurance administration fund

       For further expenses necessary for the Railroad Retirement 
     Board, for administration of the Railroad Unemployment 
     Insurance Act, not less than $17,255,000 shall be apportioned 
     for fiscal year 1996 from moneys credited to the railroad 
     unemployment insurance administration fund.

                  special management improvement fund

       To effect management improvements, including the reduction 
     of backlogs, accuracy of taxation accounting, and debt 
     collection, $659,000, to be derived from the railroad 
     retirement accounts and railroad unemployment insurance 
     account: Provided, That these funds shall supplement, not 
     supplant, existing resources devoted to such operations and 
     improvements.

             limitation on the office of inspector general

       For expenses necessary for the Office of Inspector General 
     for audit, investigatory and review activities, as authorized 
     by the Inspector General Act of 1978, as amended, not more 
     than $5,673,000, to be derived from the railroad retirement 
     accounts and railroad unemployment insurance account.

                    United States Institute of Peace

                           operating expenses

       For necessary expenses of the United States Institute of 
     Peace as authorized in the United States Institute of Peace 
     Act, $11,500,000.

                      TITLE V--GENERAL PROVISIONS

       Sec. 501. The Secretaries of Labor, Health and Human 
     Services, and Education are authorized to transfer unexpended 
     balances of prior appropriations to accounts corresponding to 
     current appropriations provided in this Act: Provided, That 
     such transferred balances are used for the same purpose, and 
     for the same periods of time, for which they were originally 
     appropriated.
       Sec. 502. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503. (a) No part of any appropriation contained in 
     this Act shall be used, other than for normal and recognized 
     executive-legislative relationships, for publicity or 
     propaganda purposes, for the preparation, distribution, or 
     use of any kit, pamphlet, booklet, publication, radio, 
     television, or film presentation designed to support or 
     defeat legislation pending before the Congress, except in 
     presentation to the Congress itself.
       (b) No part of any appropriation contained in this Act 
     shall be used to pay the salary or expenses of any grant or 
     contract recipient, or agent acting for such recipient, 
     related to any activity designed to influence legislation or 
     appropriations pending before the Congress.
       Sec. 504. The Secretaries of Labor and Education are each 
     authorized to make available not to exceed $15,000 from funds 
     available for salaries and expenses under titles I and III, 
     respectively, for official reception and representation 
     expenses; the Director of the Federal Mediation and 
     Conciliation Service is authorized to make available for 
     official reception and representation expenses not to exceed 
     $2,500 from the funds available for ``Salaries and expenses, 
     Federal Mediation and Conciliation Service''; and the 
     Chairman of the National Mediation Board is authorized to 
     make available for official reception and representation 
     expenses not to exceed $2,500 from funds available for 
     ``Salaries and expenses, National Mediation Board''.
       Sec. 505. Notwithstanding any other provision of this Act, 
     no funds appropriated under this Act shall be used to carry 
     out any program of distributing sterile needles for the 
     hypodermic injection of any illegal drug unless the Secretary 
     of Health and Human Services determines that such programs 
     are effective in preventing the spread of HIV and do not 
     encourage the use of illegal drugs.
       Sec. 506. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.
       Sec. 507. When issuing statements, press releases, requests 
     for proposals, bid solicitations and other documents 
     describing projects or programs funded in whole or in part 
     with Federal money, all grantees receiving Federal funds, 
     including but not limited to State and local governments and 
     recipients of Federal research grants, shall clearly state 
     (1) the percentage of the total costs of the program or 
     project which will be financed with Federal money, (2) the 
     dollar amount of Federal funds for the project or program, 
     and (3) percentage and dollar amount of the total costs of 
     the project or program that will be financed by 
     nongovernmental sources.
       Sec. 508. None of the funds appropriated under this Act 
     shall be expended for any abortion except when it is made 
     known to the Federal entity or official to which funds are 
     appropriated under this Act that such procedure is necessary 
     to save the life of the mother or that the pregnancy is the 
     result of an act of rape or incest.
       Sec. 509. Effective October 1, 1993, and applicable 
     thereafter, and notwithstanding any other law, each State is 
     and remains free not to fund abortions to the extent that the 
     State in its sole discretion deems appropriate, except where 
     the life of the mother would be endangered if the fetus were 
     carried to term.
       Sec. 510. Notwithstanding any other provision of law--
       (1) no amount may be transferred from an appropriation 
     account for the Departments of Labor, Health and Human 
     Services, and Education except as authorized in this or any 
     subsequent appropriation act, or in the Act establishing the 
     program or activity for which funds are contained in this 
     Act;
       (2) no department, agency, or other entity, other than the 
     one responsible for administering the program or activity for 
     which an appropriation is made in this Act, may exercise 
     authority for the timing of the obligation and expenditure of 
     such appropriation, or for the purposes for which it is 
     obligated and expended, except to the extent and in the 
     manner otherwise provided in sections 1512 and 1513 of title 
     31, United States Code; and
       (3) no funds provided under this Act shall be available for 
     the salary (or any part thereof) of an employee who is 
     reassigned on a temporary detail basis to another position in 
     the employing agency or department or in any other agency or 
     department, unless the detail is independently approved by 
     the head of the employing department or agency.
       Sec. 511. Limitation on Use of Funds.--None of the funds 
     made available in this Act may be used for the expenses of an 
     electronic benefit transfer (EBT) task force.
       Sec. 512. None of the funds made available in this Act may 
     be used to enforce the requirements of section 
     428(b)(1)(U)(iii) of the Higher Education Act of 1965 with 
     respect to any lender when it is made known to the Federal 
     official having authority to obligate or expend such funds 
     that the lender has a loan portfolio under part B of title IV 
     of such Act that is equal to or less than $5,000,000.
       Sec. 513. None of the funds made available in this Act may 
     be used for Pell Grants

[[Page H1923]]

     under subpart 1 of part A of title IV of the Higher Education 
     Act of 1965 to students attending an institution of higher 
     education that is ineligible to participate in a loan program 
     under such title as a result of a default determination under 
     section 435(a)(2) of such Act, unless such institution has a 
     participation rate index (as defined at 34 CFR 668.17) that 
     is less than or equal to 0.0375.
       Sec. 514. (a) High Cost Training Exception.--Section 
     428H(d)(2) of the Higher Education Act of 1965 (20 U.S.C. 
     1078-8(d)(2)) is amended by striking out the period at the 
     end thereof and inserting in lieu thereof a semicolon and the 
     following: ``except in cases where the Secretary determines 
     that a higher amount is warranted in order to carry out the 
     purpose of this part with respect to students engaged in 
     specialized training requiring exceptionally high costs of 
     education, but the annual insurable limit per student shall 
     not be deemed to be exceeded by a line of credit under which 
     actual payments by the lender to the borrower will not be 
     made in any years in excess of the annual limit.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall be effective for loans made to cover the cost of 
     instruction for periods of enrollment beginning on or after 
     July 1, 1996.
       Sec. 515. None of the funds made available in this Act may 
     be used to carry out any Federal program, or to provide 
     financial assistance to any State, when it is made known to 
     the Federal official having authority to obligate or expend 
     such funds that--
       (1) such Federal program or State subject any health care 
     entity to discrimination on the basis that--
       (A) the entity refuses to undergo training in the 
     performance of induced abortions, to provide such training, 
     to perform such abortions, or to provide referrals for such 
     abortions;
       (B) the entity refuses to make arrangements for any of the 
     activities specified in subparagraph (A); or
       (C) the entity attends (or attended) a postgraduate 
     physician training program, or any other program of training 
     in the health professions, that does not (or did not) require 
     or provide training in the performance of induced abortions, 
     or make arrangements for the provision of such training; or
       (2) in granting a legal status to a health care entity 
     (including a license or certificate), or in providing to the 
     entity financial assistance, a service, or another benefit, 
     such Federal program or State require that the entity be an 
     accredited postgraduate physician training program, or that 
     the entity have completed or be attending such a program, if 
     the applicable standards for accreditation of the program 
     include the standard that the program must require or provide 
     training in the performance of induced abortions, or make 
     arrangements for the provision of such training.


   extension of period of home health agency recertification surveys

       Sec. 516. Section 1891(c)(2)(A) of the Social Security Act 
     (42 U.S.C. 1395bbb(c)(2)(A)) is amended--
       (1) by striking ``15 months'' and inserting ``36 months'', 
     and
       (2) by striking the second sentence and inserting the 
     following: ``The Secretary shall establish a frequency for 
     surveys of home health agencies within this 36-month interval 
     commensurate with the need to assure the delivery of quality 
     home health services.''.

                  TITLE VI--ADDITIONAL APPROPRIATIONS

       Sec. 601. In addition to amounts otherwise provided in this 
     Act, the following amounts are hereby appropriated as 
     specified for the following appropriation accounts: Health 
     Care Financing Administration, ``Program Management'', 
     $396,000,000; Office of the Secretary, ``Office of Inspector 
     General'', $43,000,000; and Social Security Administration, 
     ``Limitation on Administrative Expenses'', $111,000,000.
       Sec. 602. Appropriations and funds made available pursuant 
     to section 601 of this Act shall be available until enactment 
     into law of a subsequent appropriation for fiscal year 1996 
     for any project or activity provided for in section 601.
       This Act may be cited as the ``Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 1996''.
       (d) Such amounts as may be necessary for programs, projects 
     or activities provided for in the Departments of Veterans 
     Affairs and Housing and Urban Development, and Independent 
     Agencies Appropriations Act, 1996, at a rate of operations 
     and to the extent and in the manner provided for, the 
     provisions of such Act to be effective as if it had been 
     enacted into law as the regular appropriations Act, as 
     follows:

                                 AN ACT

       Making appropriations for the Departments of Veterans 
     Affairs and Housing and Urban Development, and for sundry 
     independent agencies, boards, commissions, corporations, and 
     offices for the fiscal year ending September 30, 1996, and 
     for other purposes.

                                TITLE I

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration


                       compensation and pensions

                     (including transfer of funds)

       For the payment of compensation benefits to or on behalf of 
     veterans as authorized by law (38 U.S.C. 107, chapters 11, 
     13, 51, 53, 55, and 61); pension benefits to or on behalf of 
     veterans as authorized by law (38 U.S.C. chapters 15, 51, 53, 
     55, and 61; 92 Stat. 2508); and burial benefits, emergency 
     and other officers' retirement pay, adjusted-service credits 
     and certificates, payment of premiums due on commercial life 
     insurance policies guaranteed under the provisions of Article 
     IV of the Soldiers' and Sailors' Civil Relief Act of 1940, as 
     amended, and for other benefits as authorized by law (38 
     U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, 
     and 61; 50 U.S.C. App. 540-548; 43 Stat. 122, 123; 45 Stat. 
     735; 76 Stat. 1198); $18,331,561,000, to remain available 
     until expended: Provided, That not to exceed $25,180,000 of 
     the amount appropriated shall be reimbursed to ``General 
     operating expenses'' and ``Medical care'' for necessary 
     expenses in implementing those provisions authorized in the 
     Omnibus Budget Reconciliation Act of 1990, and in the 
     Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51, 53, 
     and 55), the funding source for which is specifically 
     provided as the ``Compensation and pensions'' appropriation: 
     Provided further, That such sums as may be earned on an 
     actual qualifying patient basis, shall be reimbursed to 
     ``Medical facilities revolving fund'' to augment the funding 
     of individual medical facilities for nursing home care 
     provided to pensioners as authorized by the Veterans' 
     Benefits Act of 1992 (38 U.S.C. chapter 55): Provided 
     further, That $12,000,000 previously transferred from 
     ``Compensation and pensions'' to ``Medical facilities 
     revolving fund'' shall be transferred to this heading.


                         Readjustment Benefits

       For the payment of readjustment and rehabilitation benefits 
     to or on behalf of veterans as authorized by law (38 U.S.C. 
     chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), 
     $1,345,300,000, to remain available until expended: Provided, 
     That funds shall be available to pay any court order, court 
     award or any compromise settlement arising from litigation 
     involving the vocational training program authorized by 
     section 18 of Public Law 98-77, as amended.

                   veterans insurance and indemnities

       For military and naval insurance, national service life 
     insurance, servicemen's indemnities, service-disabled 
     veterans insurance, and veterans mortgage life insurance as 
     authorized by law (38 U.S.C. chapter 19; 70 Stat. 887; 72 
     Stat. 487), $24,890,000, to remain available until expended.


                 Guaranty and Indemnity Program Account

                     (including transfer of funds)

       For the cost of direct and guaranteed loans, such sums as 
     may be necessary to carry out the purpose of the program, as 
     authorized by 38 U.S.C. chapter 37, as amended: Provided, 
     That such costs, including the cost of modifying such loans, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974, as amended.
       In addition, for administrative expenses to carry out the 
     direct and guaranteed loan programs, $65,226,000, which may 
     be transferred to and merged with the appropriation for 
     ``General operating expenses''.


                     loan guaranty program account

                     (including transfer of funds)

       For the cost of direct and guaranteed loans, such sums as 
     may be necessary to carry out the purpose of the program, as 
     authorized by 38 U.S.C. chapter 37, as amended: Provided, 
     That such costs, including the cost of modifying such loans, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974, as amended.
       In addition, for administrative expenses to carry out the 
     direct and guaranteed loan programs, $52,138,000, which may 
     be transferred to and merged with the appropriation for 
     ``General operating expenses''.


                      direct loan program account

                     (including transfer of funds)

       For the cost of direct loans, such sums as may be necessary 
     to carry out the purpose of the program, as authorized by 38 
     U.S.C. chapter 37, as amended: Provided, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974, as amended: Provided further, That during 1996, within 
     the resources available, not to exceed $300,000 in gross 
     obligations for direct loans are authorized for specially 
     adapted housing loans (38 U.S.C. chapter 37).
       In addition, for administrative expenses to carry out the 
     direct loan program, $459,000, which may be transferred to 
     and merged with the appropriation for ``General operating 
     expenses''.


                  Education Loan Fund Program Account

                     (including transfer of funds)

       For the cost of direct loans, $1,000, as authorized by 38 
     U.S.C. 3698, as amended: Provided, That such costs, including 
     the cost of modifying such loans, shall be as defined in 
     section 502 of the Congressional Budget Act of 1974, as 
     amended: Provided further, That these funds are available to 
     subsidize gross obligations for the principal amount of 
     direct loans not to exceed $4,000.
       In addition, for administrative expenses necessary to carry 
     out the direct loan program, $195,000, which may be 
     transferred to and merged with the appropriation for 
     ``General operating expenses''.


            Vocational Rehabilitation Loans Program Account

                     (including transfer of funds)

       For the cost of direct loans, $54,000, as authorized by 38 
     U.S.C. chapter 31, as amended:

[[Page H1924]]

     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974, as amended: Provided 
     further, That these funds are available to subsidize gross 
     obligations for the principal amount of direct loans not to 
     exceed $1,964,000.
       In addition, for administrative expenses necessary to carry 
     out the direct loan program, $377,000, which may be 
     transferred to and merged with the appropriation for 
     ``General operating expenses''.


          Native American Veteran Housing Loan Program Account

                     (including transfer of funds)

       For administrative expenses to carry out the direct loan 
     program authorized by 38 U.S.C. chapter 37, subchapter V, as 
     amended, $205,000, which may be transferred to and merged 
     with the appropriation for ``General operating expenses''.

                     Veterans Health Administration


                              medical care

       For necessary expenses for the maintenance and operation of 
     hospitals, nursing homes, and domiciliary facilities; for 
     furnishing, as authorized by law, inpatient and outpatient 
     care and treatment to beneficiaries of the Department of 
     Veterans Affairs, including care and treatment in facilities 
     not under the jurisdiction of the Department of Veterans 
     Affairs, and furnishing recreational facilities, supplies, 
     and equipment; funeral, burial, and other expenses incidental 
     thereto for beneficiaries receiving care in Department of 
     Veterans Affairs facilities; administrative expenses in 
     support of planning, design, project management, real 
     property acquisition and disposition, construction and 
     renovation of any facility under the jurisdiction or for the 
     use of the Department of Veterans Affairs; oversight, 
     engineering and architectural activities not charged to 
     project cost; repairing, altering, improving or providing 
     facilities in the several hospitals and homes under the 
     jurisdiction of the Department of Veterans Affairs, not 
     otherwise provided for, either by contract or by the hire of 
     temporary employees and purchase of materials; uniforms or 
     allowances therefor, as authorized by law (5 U.S.C. 5901-
     5902); aid to State homes as authorized by law (38 U.S.C. 
     1741); and not to exceed $8,000,000 to fund cost comparison 
     studies as referred to in 38 U.S.C. 8110(a)(5); 
     $16,564,000,000, plus reimbursements: Provided, That of the 
     funds made available under this heading, $789,000,000 is for 
     the equipment and land and structures object classifications 
     only, which amount shall not become available for obligation 
     until August 1, 1996, and shall remain available for 
     obligation until September 30, 1997.

                    medical and prosthetic research

       For necessary expenses in carrying out programs of medical 
     and prosthetic research and development as authorized by law 
     (38 U.S.C. chapter 73), to remain available until September 
     30, 1997, $257,000,000, plus reimbursements.


      medical administration and miscellaneous operating expenses

       For necessary expenses in the administration of the 
     medical, hospital, nursing home, domiciliary, construction, 
     supply, and research activities, as authorized by law; 
     administrative expenses in support of planning, design, 
     project management, architectural, engineering, real property 
     acquisition and disposition, construction and renovation of 
     any facility under the jurisdiction or for the use of the 
     Department of Veterans Affairs, including site acquisition; 
     engineering and architectural activities not charged to 
     project cost; and research and development in building 
     construction technology; $63,602,000, plus reimbursements.


                   Transitional Housing Loan Program

                     (including transfer of funds)

       For the cost of direct loans, $7,000, as authorized by 
     Public Law 102-54, section 8, which shall be transferred from 
     the ``General post fund'': Provided, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974, as amended: Provided further, That these funds are 
     available to subsidize gross obligations for the principal 
     amount of direct loans not to exceed $70,000. In addition, 
     for administrative expenses to carry out the direct loan 
     program, $54,000, which shall be transferred from the 
     ``General post fund'', as authorized by Public Law 102-54, 
     section 8.

                      Departmental Administration


                       General Operating Expenses

       For necessary operating expenses of the Department of 
     Veterans Affairs, not otherwise provided for, including 
     uniforms or allowances therefor, as authorized by law; not to 
     exceed $25,000 for official reception and representation 
     expenses; hire of passenger motor vehicles; and reimbursement 
     of the General Services Administration for security guard 
     services, and the Department of Defense for the cost of 
     overseas employee mail; $848,143,000: Provided, That of the 
     amount appropriated and any other funds made available from 
     any other source for activities funded under this heading, 
     except reimbursements, not to exceed $214,109,000 shall be 
     available for General Administration; including not to exceed 
     (1) $2,766,000 for personnel compensation and benefits and 
     $50,000 for travel in the Office of the Secretary, (2) 
     $4,397,000 for personnel compensation and benefits and 
     $75,000 for travel in the Office of the Assistant Secretary 
     for Policy and Planning, (3) $1,980,000 for personnel 
     compensation and benefits and $33,000 for travel in the 
     Office of the Assistant Secretary for Congressional Affairs, 
     and (4) $3,740,000 for personnel compensation and benefits 
     and $100,000 for travel in the Office of Assistant Secretary 
     for Public and Intergovernmental Affairs: Provided further, 
     That during fiscal year 1996, notwithstanding any other 
     provision of law, the number of individuals employed by the 
     Department of Veterans Affairs (1) in other than ``career 
     appointee'' positions in the Senior Executive Service shall 
     not exceed 6, and (2) in schedule C positions shall not 
     exceed 11: Provided further, That not to exceed $6,000,000 of 
     the amount appropriated shall be available for administrative 
     expenses to carry out the direct and guaranteed loan programs 
     under the Loan Guaranty Program Account: Provided further, 
     That funds under this heading shall be available to 
     administer the Service Members Occupational Conversion and 
     Training Act: Provided further, That none of the funds under 
     this heading may be obligated or expended for the acquisition 
     of automated data processing equipment and services for 
     Department of Veterans Affairs regional offices to support 
     Stage III of the automated data equipment modernization 
     program of the Veterans Benefits Administration.


                        national cemetery system

       For necessary expenses for the maintenance and operation of 
     the National Cemetery System not otherwise provided for, 
     including uniforms or allowances therefor, as authorized by 
     law; cemeterial expenses as authorized by law; purchase of 
     three passenger motor vehicles, for use in cemeterial 
     operations; and hire of passenger motor vehicles, 
     $72,604,000.


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $30,900,000.


                      Construction, Major Projects

                     (including transfer of funds)

       For constructing, altering, extending and improving any of 
     the facilities under the jurisdiction or for the use of the 
     Department of Veterans Affairs, or for any of the purposes 
     set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 
     8108, 8109, 8110, and 8122 of title 38, United States Code, 
     including planning, architectural and engineering services, 
     maintenance or guarantee period services costs associated 
     with equipment guarantees provided under the project, 
     services of claims analysts, offsite utility and storm 
     drainage system construction costs, and site acquisition, 
     where the estimated cost of a project is $3,000,000 or more 
     or where funds for a project were made available in a 
     previous major project appropriation, $136,155,000, to remain 
     available until expended: Provided, That except for advance 
     planning of projects funded through the advance planning fund 
     and the design of projects funded through the design fund, 
     none of these funds shall be used for any project which has 
     not been considered and approved by the Congress in the 
     budgetary process: Provided further, That funds provided in 
     this appropriation for fiscal year 1996, for each approved 
     project shall be obligated (1) by the awarding of a 
     construction documents contract by September 30, 1996, and 
     (2) by the awarding of a construction contract by September 
     30, 1997: Provided further, That the Secretary shall promptly 
     report in writing to the Comptroller General and to the 
     Committees on Appropriations any approved major construction 
     project in which obligations are not incurred within the time 
     limitations established above; and the Comptroller General 
     shall review the report in accordance with the procedures 
     established by section 1015 of the Impoundment Control Act of 
     1974 (title X of Public Law 93-344): Provided further, That 
     no funds from any other account except the ``Parking 
     revolving fund'', may be obligated for constructing, 
     altering, extending, or improving a project which was 
     approved in the budget process and funded in this account 
     until one year after substantial completion and beneficial 
     occupancy by the Department of Veterans Affairs of the 
     project or any part thereof with respect to that part only: 
     Provided further, That of the funds made available under this 
     heading in Public Law 103-327, $7,000,000 shall be 
     transferred to the ``Parking revolving fund''.


                      construction, minor projects

       For constructing, altering, extending, and improving any of 
     the facilities under the jurisdiction or for the use of the 
     Department of Veterans Affairs, including planning, 
     architectural and engineering services, maintenance or 
     guarantee period services costs associated with equipment 
     guarantees provided under the project, services of claims 
     analysts, offsite utility and storm drainage system 
     construction costs, and site acquisition, or for any of the 
     purposes set forth in sections 316, 2404, 2406, 8102, 8103, 
     8106, 8108, 8109, 8110, and 8122 of title 38, United States 
     Code, where the estimated cost of a project is less than 
     $3,000,000, $190,000,000, to remain available until expended, 
     along with unobligated balances of previous ``Construction, 
     minor projects'' appropriations which are hereby made 
     available for any project where the estimated cost is less 
     than $3,000,000: Provided, That funds in this account shall 
     be available for (1) repairs to any of the nonmedical 
     facilities under the jurisdiction or for the use of the 
     Department of Veterans Affairs which are necessary because of 
     loss or damage caused by any natural disaster or catastrophe, 
     and (2) temporary measures

[[Page H1925]]

     necessary to prevent or to minimize further loss by such 
     causes.


                         Parking Revolving Fund

       For the parking revolving fund as authorized by law (38 
     U.S.C. 8109), income from fees collected, to remain available 
     until expended. Resources of this fund shall be available for 
     all expenses authorized by 38 U.S.C. 8109 except operations 
     and maintenance costs which will be funded from ``Medical 
     care''.


       grants for construction of state extended care facilities

       For grants to assist the several States to acquire or 
     construct State nursing home and domiciliary facilities and 
     to remodel, modify or alter existing hospital, nursing home 
     and domiciliary facilities in State homes, for furnishing 
     care to veterans as authorized by law (38 U.S.C. 8131-8137), 
     $47,397,000, to remain available until expended.


        grants for the construction of state veterans cemeteries

       For grants to aid States in establishing, expanding, or 
     improving State veteran cemeteries as authorized by law (38 
     U.S.C. 2408), $1,000,000, to remain available until September 
     30, 1998.


                       administrative provisions

                     (including transfer of funds)

       Sec. 101. Any appropriation for 1996 for ``Compensation and 
     pensions'', ``Readjustment benefits'', and ``Veterans 
     insurance and indemnities'' may be transferred to any other 
     of the mentioned appropriations.
       Sec. 102. Appropriations available to the Department of 
     Veterans Affairs for 1996 for salaries and expenses shall be 
     available for services as authorized by 5 U.S.C. 3109.
       Sec. 103. No part of the appropriations in this Act for the 
     Department of Veterans Affairs (except the appropriations for 
     ``Construction, major projects'', ``Construction, minor 
     projects'', and the ``Parking revolving fund'') shall be 
     available for the purchase of any site for or toward the 
     construction of any new hospital or home.
       Sec. 104. No part of the foregoing appropriations shall be 
     available for hospitalization or examination of any persons 
     except beneficiaries entitled under the laws bestowing such 
     benefits to veterans, unless reimbursement of cost is made to 
     the appropriation at such rates as may be fixed by the 
     Secretary of Veterans Affairs.
       Sec. 105. Appropriations available to the Department of 
     Veterans Affairs for fiscal year 1996 for ``Compensation and 
     pensions'', ``Readjustment benefits'', and ``Veterans 
     insurance and indemnities'' shall be available for payment of 
     prior year accrued obligations required to be recorded by law 
     against the corresponding prior year accounts within the last 
     quarter of fiscal year 1995.
       Sec. 106. Appropriations accounts available to the 
     Department of Veterans Affairs for fiscal year 1996 shall be 
     available to pay prior year obligations of corresponding 
     prior year appropriations accounts resulting from title X of 
     the Competitive Equality Banking Act, Public Law 100-86, 
     except that if such obligations are from trust fund accounts 
     they shall be payable from ``Compensation and pensions''.
       Sec. 107. Notwithstanding any other provision of law, the 
     Secretary of Veterans Affairs is authorized to transfer, 
     without compensation or reimbursement, the jurisdiction and 
     control of a parcel of land consisting of approximately 6.3 
     acres, located on the south edge of the Department of 
     Veterans Affairs Medical and Regional Office Center, Wichita, 
     Kansas, including buildings Nos. 8 and 30 and other 
     improvements thereon, to the Secretary of Transportation for 
     the purpose of expanding and modernizing United States 
     Highway 54: Provided, That if necessary, the exact acreage 
     and legal description of the real property transferred shall 
     be determined by a survey satisfactory to the Secretary of 
     Veterans Affairs and the Secretary of Transportation shall 
     bear the cost of such survey: Provided further, That the 
     Secretary of Transportation shall be responsible for all 
     costs associated with the transferred land and improvements 
     thereon, and compliance with all existing statutes and 
     regulations: Provided further, That the Secretary of Veterans 
     Affairs and the Secretary of Transportation may require such 
     additional terms and conditions as each Secretary considers 
     appropriate to effectuate this transfer of land.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs


               annual contributions for assisted housing

       For assistance under the United States Housing Act of 1937, 
     as amended (``the Act'' herein) (42 U.S.C. 1437), not 
     otherwise provided for, $10,155,795,000, to remain available 
     until expended: Provided, That of the total amount provided 
     under this head, $160,000,000 shall be for the development or 
     acquisition cost of public housing for Indian families, 
     including amounts for housing under the mutual help 
     homeownership opportunity program under section 202 of the 
     Act (42 U.S.C. 1437bb): Provided further, That of the total 
     amount provided under this head, $2,500,000,000 shall be for 
     modernization of existing public housing projects pursuant to 
     section 14 of the Act (42 U.S.C. 1437l), including up to 
     $20,000,000 for the inspection of public housing units, 
     contract expertise, and training and technical assistance, 
     directly or indirectly, under grants, contracts, or 
     cooperative agreements, to assist in the oversight and 
     management of public and Indian housing (whether or not the 
     housing is being modernized with assistance under this 
     proviso) or tenant-based assistance, including, but not 
     limited to, an annual resident survey, data collection and 
     analysis, training and technical assistance by or to 
     officials and employees of the Department and of public 
     housing agencies and to residents in connection with the 
     public and Indian housing program: Provided further, That of 
     the total amount provided under this head, $400,000,000 shall 
     be for rental subsidy contracts under the section 8 existing 
     housing certificate program and the housing voucher program 
     under section 8 of the Act, except that such amounts shall be 
     used only for units necessary to provide housing assistance 
     for residents to be relocated from existing federally 
     subsidized or assisted housing, for replacement housing for 
     units demolished or disposed of (including units to be 
     disposed of pursuant to a homeownership program under section 
     5(h) or title III of the United States Housing Act of 1937) 
     from the public housing inventory, for funds related to 
     litigation settlements, for the conversion of section 23 
     projects to assistance under section 8, for public housing 
     agencies to implement allocation plans approved by the 
     Secretary for designated housing, for funds to carry out the 
     family unification program, and for the relocation of 
     witnesses in connection with efforts to combat crime in 
     public and assisted housing pursuant to a request from a law 
     enforcement or prosecution agency: Provided further, That of 
     the total amount provided under this head, $4,350,862,000 
     shall be for assistance under the United States Housing Act 
     of 1937 (42 U.S.C. 1437) for use in connection with expiring 
     or terminating section 8 subsidy contracts, such amounts 
     shall be merged with all remaining obligated and unobligated 
     balances heretofore appropriated under the heading ``Renewal 
     of expiring section 8 subsidy contracts'': Provided further, 
     That notwithstanding any other provision of law, assistance 
     reserved under the two preceding provisos may be used in 
     connection with any provision of Federal law enacted in this 
     Act or after the enactment of this Act that authorizes the 
     use of rental assistance amounts in connection with such 
     terminated or expired contracts: Provided further, That the 
     Secretary may determine not to apply section 8(o)(6)(B) of 
     the Act to housing vouchers during fiscal year 1996: Provided 
     further, That of the total amount provided under this head, 
     $610,575,000 shall be for amendments to section 8 contracts 
     other than contracts for projects developed under section 202 
     of the Housing Act of 1959, as amended; and $261,000,000 
     shall be for section 8 assistance and rehabilitation grants 
     for property disposition: Provided further, That 50 per 
     centum of the amounts of budget authority, or in lieu thereof 
     50 per centum of the cash amounts associated with such budget 
     authority, that are recaptured from projects described in 
     section 1012(a) of the Stewart B. McKinney Homeless 
     Assistance Amendments Act of 1988 (Public Law 100-628, 102 
     Stat. 3224, 3268) shall be rescinded, or in the case of cash, 
     shall be remitted to the Treasury, and such amounts of budget 
     authority or cash recaptured and not rescinded or remitted to 
     the Treasury shall be used by State housing finance agencies 
     or local governments or local housing agencies with projects 
     approved by the Secretary of Housing and Urban Development 
     for which settlement occurred after January 1, 1992, in 
     accordance with such section: Provided further, That of the 
     total amount provided under this head, $171,000,000 shall be 
     for housing opportunities for persons with AIDS under title 
     VIII, subtitle D of the Cranston-Gonzalez National Affordable 
     Housing Act; and $65,000,000 shall be for the lead-based 
     paint hazard reduction program as authorized under sections 
     1011 and 1053 of the Residential Lead-Based Hazard Reduction 
     Act of 1992: Provided further, That the Secretary may make up 
     to $5,000,000 of any amount recaptured in this account 
     available for the development of performance and financial 
     systems.
       Of the total amount provided under this head, $624,000,000, 
     plus amounts recaptured from interest reduction payment 
     contracts for section 236 projects whose owners prepay their 
     mortgages during fiscal year 1996 (which amounts shall be 
     transferred and merged with this account), shall be for use 
     in conjunction with properties that are eligible for 
     assistance under the Low Income Housing Preservation and 
     Resident Homeownership Act of 1990 (LIHPRHA) or the Emergency 
     Low-Income Housing Preservation Act of 1987 (ELIHPA): 
     Provided, That prior to July 1, 1996, funding to carry out 
     plans of action shall be limited to sales of projects to non-
     profit organizations, tenant-sponsored organizations, and 
     other priority purchasers: Provided further, That of the 
     amount made available by this paragraph, up to $10,000,000 
     shall be available for preservation technical assistance 
     grants pursuant to section 253 of the Housing and Community 
     Development Act of 1987, as amended: Provided further, That 
     with respect to amounts made available by this paragraph, 
     after July 1, 1996, if the Secretary determines that the 
     demand for funding may exceed amounts available for such 
     funding, the Secretary (1) may determine priorities for 
     distributing available funds, including giving priority 
     funding to tenants displaced due to mortgage prepayment and 
     to projects that have not yet been

[[Page H1926]]

     funded but which have approved plans of action; and (2) may 
     impose a temporary moratorium on applications by potential 
     recipients of such funding: Provided further, That an owner 
     of eligible low-income housing may prepay the mortgage or 
     request voluntary terminaton of a mortgage insurance 
     contract, so long as said owner agrees not to raise rents for 
     sixty days after such prepayment: Provided further, That an 
     owner of eligible low-income housing who has not timely filed 
     a second notice under section 216(d) prior to the effective 
     date of this Act may file such notice by March 1, 1996: 
     Provided further, That such developments have been determined 
     to have preservation equity at least equal to the lesser of 
     $5,000 per unit or $500,000 per project or the equivalent of 
     eight times the most recently published fair market rent for 
     the area in which the project is located as the appropriate 
     unit size for all of the units in the eligible project: 
     Provided further, That the Secretary may modify the 
     regulatory agreement to permit owners and priority purchasers 
     to retain rental income in excess of the basic rental charge 
     in projects assisted under section 236 of the National 
     Housing Act, for the purpose of preserving the low and 
     moderate income character of the housing: Provided further, 
     That the Secretary may give priority to funding and 
     processing the following projects provided that the funding 
     is obligated not later than August 1, 1996: (1) projects with 
     approved plans of action to retain the housing that file a 
     modified plan of action no later than July 1, 1996 to 
     transfer the housing; (2) projects with approved plans of 
     action that are subject to a repayment or settlement 
     agreement that was executed between the owner and the 
     Secretary prior to September 1, 1995; (3) projects for which 
     submissions were delayed as a result of their location in 
     areas that were designated as a Federal disaster area in a 
     Presidential Disaster Declaration; and (4) projects whose 
     processing was, in fact or in practical effect, suspended, 
     deferred, or interrupted for a period of twelve months or 
     more because of differing interpretations, by the Secretary 
     and an owner or by the Secretary and a State or local rent 
     regulatory agency, concerning the timing of filing 
     eligibility or the effect of a presumptively applicable State 
     or local rent control law or regulation on the determination 
     of preservation value under section 213 of LIHPRHA, as 
     amended, if the owner of such project filed notice of intent 
     to extend the low-income affordability restrictions of the 
     housing, or transfer to a qualified purchaser who would 
     extend such restrictions, on or before November 1, 1993: 
     Provided further, That eligible low-income housing shall 
     include properties meeting the requirements of this paragraph 
     with mortgages that are held by a State agency as a result of 
     a sale by the Secretary without insurance, which immediately 
     before the sale would have been eligible low-income housing 
     under LIHPRHA: Provided further, That notwithstanding any 
     other provision of law, subject to the availability of 
     appropriated funds, each unassisted low-income family 
     residing in the housing on the date of prepayment or 
     voluntary termination, and whose rent, as a result of a rent 
     increase occurring no later than one year after the date of 
     the prepayment, exceeds 30 percent of adjusted income, shall 
     be offered tenant-based assistance in accordance with section 
     8 or any successor program, under which the family shall pay 
     no less for rent than it paid on such date: Provided further, 
     That any family receiving tenant-based assistance under the 
     preceding proviso may elect (1) to remain in the unit of the 
     housing and if the rent exceeds the fair market rent or 
     payment standard, as applicable, the rent shall be deemed to 
     be the applicable standard, so long as the administering 
     public housing agency finds that the rent is reasonable in 
     comparison with rents charged for comparable unassisted 
     housing units in the market or (2) to move from the housing 
     and the rent will be subject to the fair market rent of the 
     payment standard, as applicable, under existing program rules 
     and procedures: Provided further, That up to $10,000,000 of 
     the amount made available by this paragraph may be used at 
     the discretion of the Secretary to reimburse owners of 
     eligible properties for which plans of action were submitted 
     prior to the effective date of this Act, but were not 
     executed for lack of available funds, with such reimbursement 
     available only for documented costs directly applicable to 
     the preparation of the plan of action as determined by the 
     Secretary, and shall be made available on terms and 
     conditions to be established by the Secretary: Provided 
     further, That, notwithstanding any other provision of law, 
     effective October 1, 1996, the Secretary shall suspend 
     further processing of preservation applications which do not 
     have approved plans of action.
       Of the total amount provided under this head, $780,190,000 
     shall be for capital advances, including amendments to 
     capital advance contracts, for housing for the elderly, as 
     authorized by section 202 of the Housing Act of 1959, as 
     amended, and for project rental assistance, and amendments to 
     contracts for project rental assistance, for supportive 
     housing for the elderly under section 202(c)(2) of the 
     Housing Act of 1959; and $233,168,000 shall be for capital 
     advances, including amendments to capital advance contracts, 
     for supportive housing for persons with disabilities, as 
     authorized by section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act; and for project rental assistance, 
     and amendments to contracts for project rental assistance, 
     for supportive housing for persons with disabilities as 
     authorized by section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act: Provided, That the Secretary may 
     designate up to 25 percent of the amounts earmarked under 
     this paragraph for section 811 of the Cranston-Gonzalez 
     National Affordable Housing Act for tenant-based assistance, 
     as authorized under that section, which assistance is five-
     years in duration: Provided further, That the Secretary may 
     waive any provision of section 202 of the Housing Act of 1959 
     and section 811 of the National Affordable Housing Act 
     (including the provisions governing the terms and conditions 
     of project rental assistance) that the Secretary determines 
     is not necessary to achieve the objectives of these programs, 
     or that otherwise impedes the ability to develop, operate or 
     administer projects assisted under these programs, and may 
     make provision for alternative conditions or terms where 
     appropriate.


public housing demolition, site revitalization, and replacement housing 
                                 grants

       For grants to public housing agencies for the purposes of 
     enabling the demolition of obsolete public housing projects 
     or portions thereof, the revitalization (where appropriate) 
     of sites (including remaining public housing units) on which 
     such projects are located, replacement housing which will 
     avoid or lessen concentrations of very low-income families, 
     and tenant-based assistance in accordance with section 8 of 
     the United States Housing Act of 1937 for the purpose of 
     providing replacement housing and assisting tenants to be 
     displaced by the demolition, $280,000,000, to remain 
     available until expended: Provided, That the Secretary of 
     Housing and Urban Development shall award such funds to 
     public housing agencies by a competition which includes among 
     other relevant criteria the local and national impact of the 
     proposed demolition and revitalization activities and the 
     extent to which the public housing agency could undertake 
     such activities without the additional assistance to be 
     provided hereunder: Provided further, That eligible 
     expenditures hereunder shall be those expenditures eligible 
     under section 8 and section 14 of the United States Housing 
     Act of 1937 (42 U.S.C. 1437f and l): Provided further, That 
     the Secretary may impose such conditions and requirements as 
     the Secretary deems appropriate to effectuate the purposes of 
     this paragraph: Provided further, That the Secretary may 
     require an agency selected to receive funding to make 
     arrangements satisfactory to the Secretary for use of an 
     entity other than the agency to carry out this program where 
     the Secretary determines that such action will help to 
     effectuate the purpose of this paragraph: Provided further, 
     That in the event an agency selected to receive funding does 
     not proceed expeditiously as determined by the Secretary, the 
     Secretary shall withdraw any funding made available pursuant 
     to this paragraph that has not been obligated by the agency 
     and distribute such funds to one or more other eligible 
     agencies, or to other entities capable of proceeding 
     expeditiously in the same locality with the original program: 
     Provided further, That of the foregoing $280,000,000, the 
     Secretary may use up to .67 per centum for technical 
     assistance, to be provided directly or indirectly by grants, 
     contracts or cooperative agreements, including training and 
     cost of necessary travel for participants in such training, 
     by or to officials and employees of the Department and of 
     public housing agencies and to residents: Provided further, 
     That any replacement housing provided with assistance under 
     this head shall be subject to section 18(f) of the United 
     States Housing Act of 1937, as amended by section 201(b)(2) 
     of this Act.


                         flexible subsidy fund

                     (including transfer of funds)

       From the fund established by section 236(g) of the National 
     Housing Act, as amended, all uncommitted balances of excess 
     rental charges as of September 30, 1995, and any collections 
     during fiscal year 1996 shall be transferred, as authorized 
     under such section, to the fund authorized under section 
     201(j) of the Housing and Community Development Amendments of 
     1978, as amended.


                       rental housing assistance

                              (rescission)

       The limitation otherwise applicable to the maximum payments 
     that may be required in any fiscal year by all contracts 
     entered into under section 236 of the National Housing Act 
     (12 U.S.C. 1715z-1) is reduced in fiscal year 1996 by not 
     more than $2,000,000 in uncommitted balances of 
     authorizations provided for this purpose in appropriations 
     Acts: Provided, That up to $163,000,000 of recaptured section 
     236 budget authority resulting from the prepayment of 
     mortgages subsidized under section 236 of the National 
     Housing Act (12 U.S.C. 1715z-1) shall be rescinded in fiscal 
     year 1996.


         payments for operation of low-income housing projects

       For payments to public housing agencies and Indian housing 
     authorities for operating subsidies for low-income housing 
     projects as authorized by section 9 of the United States 
     Housing Act of 1937, as amended (42 U.S.C. 1437g), 
     $2,800,000,000.


             drug elimination grants for low-income housing

       For grants to public and Indian housing agencies for use in 
     eliminating crime in public housing projects authorized by 42 
     U.S.C. 11901-11908, for grants for federally assisted

[[Page H1927]]

     low-income housing authorized by 42 U.S.C. 11909, and for 
     drug information clearinghouse services authorized by 42 
     U.S.C. 11921-11925, $290,000,000, to remain available until 
     expended, of which $10,000,000 shall be for grants, technical 
     assistance, contracts and other assistance training, program 
     assessment, and execution for or on behalf of public housing 
     agencies and resident organizations (including the cost of 
     necessary travel for participants in such training) and of 
     which $2,500,000 shall be used in connection with efforts to 
     combat violent crime in public and assisted housing under the 
     Operation Safe Home program administered by the Inspector 
     General of the Department of Housing and Urban Development: 
     Provided, That the term ``drug-related crime'', as defined in 
     42 U.S.C. 11905(2), shall also include other types of crime 
     as determined by the Secretary.

                  home investment partnerships program

       For the HOME investment partnerships program, as authorized 
     under title II of the Cranston-Gonzalez National Affordable 
     Housing Act (Public Law 101-625), as amended, $1,400,000,000, 
     to remain available until expended.


           Indian Housing Loan Guarantee Fund Program Account

       For the cost of guaranteed loans, $3,000,000, as authorized 
     by section 184 of the Housing and Community Development Act 
     of 1992 (106 Stat. 3739): Provided, That such costs, 
     including the costs of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974, as amended: Provided further, That these funds are 
     available to subsidize total loan principal, any part of 
     which is to be guaranteed, not to exceed $36,900,000.

                          Homeless Assistance


                       Homeless Assistance Grants

       For the emergency shelter grants program (as authorized 
     under subtitle B of title IV of the Stewart B. McKinney 
     Homeless Assistance Act (Public Law 100-77), as amended); the 
     supportive housing program (as authorized under subtitle C of 
     title IV of such Act); the section 8 moderate rehabilitation 
     single room occupancy program (as authorized under the United 
     States Housing Act of 1937, as amended) to assist homeless 
     individuals pursuant to section 441 of the Stewart B. 
     McKinney Homeless Assistance Act; and the shelter plus care 
     program (as authorized under subtitle F of title IV of such 
     Act), $823,000,000, to remain available until expended.

                   Community Planning and Development


                      community development grants

                     (including transfer of funds)

       For grants to States and units of general local government 
     and for related expenses, not otherwise provided for, 
     necessary for carrying out a community development grants 
     program as authorized by title I of the Housing and Community 
     Development Act of 1974, as amended (42 U.S.C. 5301), 
     $4,600,000,000, to remain available until September 30, 1998: 
     Provided, That $50,000,000 shall be available for grants to 
     Indian tribes pursuant to section 106(a)(1) of the Housing 
     and Community Development Act of 1974, as amended (42 U.S.C. 
     5301), $2,000,000 shall be available as a grant to the 
     Housing Assistance Council, $1,000,000 shall be available as 
     a grant to the National American Indian Housing Council, and 
     $27,000,000 shall be available for ``special purpose grants'' 
     pursuant to section 107 of such Act: Provided further, That 
     not to exceed 20 per centum of any grant made with funds 
     appropriated herein (other than a grant made available under 
     the preceding proviso to the Housing Assistance Council or 
     the National American Indian Housing Council, or a grant 
     using funds under section 107(b)(3) of the Housing and 
     Community Development Act of 1974) shall be expended for 
     ``Planning and Management Development'' and 
     ``Administration'' as defined in regulations promulgated by 
     the Department of Housing and Urban Development: Provided 
     further, That section 105(a)(25) of such Act, as added by 
     section 907(b)(1) of the Cranston-Gonzalez National 
     Affordable Housing Act, shall continue to be effective after 
     September 30, 1995, notwithstanding section 907(b)(2) of such 
     Act: Provided further, That section 916 of the Cranston-
     Gonzalez National Affordable Housing Act shall apply with 
     respect to fiscal year 1996, notwithstanding section 916(f) 
     of that Act.
       Of the amount provided under this heading, the Secretary of 
     Housing and Urban Development may use up to $53,000,000 for 
     grants to public housing agencies (including Indian housing 
     authorities), nonprofit corporations, and other appropriate 
     entities for a supportive services program to assist 
     residents of public and assisted housing, former residents of 
     such housing receiving tenant-based assistance under section 
     8 of such Act (42 U.S.C. 1437f), and other low-income 
     families and individuals to become self-sufficient: Provided, 
     That the program shall provide supportive services, 
     principally for the benefit of public housing residents, to 
     the elderly and the disabled, and to families with children 
     where the head of the household would benefit from the 
     receipt of supportive services and is working, seeking work, 
     or is preparing for work by participating in job training or 
     educational programs: Provided further, That the supportive 
     services shall include congregate services for the elderly 
     and disabled, service coordinators, and coordinated 
     educational, training, and other supportive services, 
     including academic skills training, job search assistance, 
     assistance related to retaining employment, vocational and 
     entrepreneurship development and support programs, 
     transportation, and child care: Provided further, That the 
     Secretary shall require applicants to demonstrate firm 
     commitments of funding or services from other sources: 
     Provided further, That the Secretary shall select public and 
     Indian housing agencies to receive assistance under this head 
     on a competitive basis, taking into account the quality of 
     the proposed program (including any innovative approaches), 
     the extent of the proposed coordination of supportive 
     services, the extent of commitments of funding or services 
     from other sources, the extent to which the proposed program 
     includes reasonably achievable, quantifiable goals for 
     measuring performance under the program over a three-year 
     period, the extent of success an agency has had in carrying 
     out other comparable initiatives, and other appropriate 
     criteria established by the Secretary.
       Of the amount made available under this heading, 
     notwithstanding any other provision of law, $12,000,000 shall 
     be available for contracts, grants, and other assistance, 
     other than loans, not otherwise provided for, for providing 
     counseling and advice to tenants and homeowners both current 
     and prospective, with respect to property maintenance, 
     financial management, and such other matters as may be 
     appropriate to assist them in improving their housing 
     conditions and meeting the responsibilities of tenancy or 
     homeownership, including provisions for training and for 
     support of voluntary agencies and services as authorized by 
     section 106 of the Housing and Urban Development Act of 1968, 
     as amended, notwithstanding section 106(c)(9) and section 
     106(d)(13) of such Act.
       Of the amount made available under this heading, 
     notwithstanding any other provision of law, $15,000,000 shall 
     be available for the tenant opportunity program.
       Of the amount made available under this heading, 
     notwithstanding any other provision of law, $20,000,000 shall 
     be available for youthbuild program activities authorized by 
     subtitle D of title IV of the Cranston-Gonzalez National 
     Affordable Housing Act, as amended, and such activities shall 
     be an eligible activity with respect to any funds made 
     available under this heading.
       For the cost of guaranteed loans, $31,750,000, as 
     authorized by section 108 of the Housing and Community 
     Development Act of 1974: Provided, That such costs, including 
     the cost of modifying such loans, shall be as defined in 
     section 502 of the Congressional Budget Act of 1974, as 
     amended: Provided further, That these funds are available to 
     subsidize total loan principal, any part of which is to be 
     guaranteed, not to exceed $1,500,000,000: Provided further, 
     That the Secretary of Housing and Urban Development may make 
     guarantees not to exceed the immediately foregoing amount 
     notwithstanding the aggregate limitation on guarantees set 
     forth in section 108(k) of the Housing and Community 
     Development Act of 1974. In addition, for administrative 
     expenses to carry out the guaranteed loan program, $675,000 
     which shall be transferred to and merged with the 
     appropriation for departmental salaries and expenses.
       The amount made available for fiscal year 1995 for a 
     special purpose grant for the renovation of the central 
     terminal in Buffalo, New York, shall be made available for 
     the central terminal and for other public facilities in 
     Buffalo, New York.

                    Policy Development and Research


                        research and technology

       For contracts, grants, and necessary expenses of programs 
     of research and studies relating to housing and urban 
     problems, not otherwise provided for, as authorized by title 
     V of the Housing and Urban Development Act of 1970, as 
     amended (12 U.S.C. 1701z-1 et seq.), including carrying out 
     the functions of the Secretary under section 1(a)(1)(i) of 
     Reorganization Plan No. 2 of 1968, $34,000,000, to remain 
     available until September 30, 1997.

                   Fair Housing and Equal Opportunity


                        fair housing activities

       For contracts, grants, and other assistance, not otherwise 
     provided for, as authorized by title VIII of the Civil Rights 
     Act of 1968, as amended by the Fair Housing Amendments Act of 
     1988, and for contracts with qualified fair housing 
     enforcement organizations, as authorized by section 561 of 
     the Housing and Community Development Act of 1987, as amended 
     by the Housing and Community Development Act of 1992, 
     $30,000,000, to remain available until September 30, 1997.

                     Management and Administration


                         Salaries and Expenses

                     (including transfers of funds)

       For necessary administrative and nonadministrative expenses 
     of the Department of Housing and Urban Development, not 
     otherwise provided for, including not to exceed $7,000 for 
     official reception and representation expenses, $962,558,000, 
     of which $532,782,000 shall be provided from the various 
     funds of the Federal Housing Administration, and $9,101,000 
     shall be provided from funds of the Government National 
     Mortgage Association, and $675,000 shall be provided from the 
     Community Development Grants Program account.


                      Office of Inspector General

                     (including transfer of funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as

[[Page H1928]]

     amended, $47,850,000, of which $11,283,000 shall be 
     transferred from the various funds of the Federal Housing 
     Administration.

             Office of Federal Housing Enterprise Oversight


                         salaries and expenses

                     (including transfer of funds)

       For carrying out the Federal Housing Enterprise Financial 
     Safety and Soundness Act of 1992, $14,895,000, to remain 
     available until expended, from the Federal Housing Enterprise 
     Oversight Fund: Provided, That such amounts shall be 
     collected by the Director as authorized by section 1316 (a) 
     and (b) of such Act, and deposited in the Fund under section 
     1316(f) of such Act.

                     Federal Housing Administration


             fha--mutual mortgage insurance program account

                     (including transfers of funds)

       During fiscal year 1996, commitments to guarantee loans to 
     carry out the purposes of section 203(b) of the National 
     Housing Act, as amended, shall not exceed a loan principal of 
     $110,000,000,000: Provided, That during fiscal year 1996, the 
     Secretary shall sell assigned mortgage notes having an unpaid 
     principal balance of up to $4,000,000,000, which notes were 
     originally insured under section 203(b) of the National 
     Housing Act: Provided further, That the Secretary may use any 
     negative subsidy amounts from the sale of such assigned 
     mortgage notes during fiscal year 1996 for the disposition of 
     properties or notes under this heading.
       During fiscal year 1996, obligations to make direct loans 
     to carry out the purposes of section 204(g) of the National 
     Housing Act, as amended, shall not exceed $200,000,000: 
     Provided, That the foregoing amount shall be for loans to 
     nonprofit and governmental entities in connection with sales 
     of single family real properties owned by the Secretary and 
     formerly insured under section 203 of such Act.
       For administrative expenses necessary to carry out the 
     guaranteed and direct loan program, $341,595,000, to be 
     derived from the FHA-mutual mortgage insurance guaranteed 
     loans receipt account, of which not to exceed $334,483,000 
     shall be transferred to the appropriation for departmental 
     salaries and expenses; and of which not to exceed $7,112,000 
     shall be transferred to the appropriation for the Office of 
     Inspector General.

             fha--general and special risk program account


                     (including transfers of funds)

       For the cost of guaranteed loans, as authorized by sections 
     238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 
     and 1735c), including the cost of modifying such loans, 
     $85,000,000, to remain available until expended: Provided, 
     That such costs shall be as defined in section 502 of the 
     Congressional Budget Act of 1974, as amended: Provided 
     further, That these funds are available to subsidize total 
     loan principal any part of which is to be guaranteed of not 
     to exceed $17,400,000,000: Provided further, That during 
     fiscal year 1996, the Secretary shall sell assigned notes 
     having an unpaid principal balance of up to $4,000,000,000, 
     which notes were originally obligations of the funds 
     established under sections 238 and 519 of the National 
     Housing Act: Provided further, That the Secretary may use any 
     negative subsidy amounts from the sale of such assigned 
     mortgage notes during fiscal year 1996, in addition to 
     amounts otherwise provided, for the disposition of properties 
     or notes under this heading (including the credit subsidy for 
     the guarantee of loans or the reduction of positive credit 
     subsidy amounts that would otherwise be required for the sale 
     of such properties or notes), and for any other purpose under 
     this heading: Provided further, That any amounts made 
     available in any prior appropriation Act for the cost (as 
     such term is defined in section 502 of the Congressional 
     Budget Act of 1974) of guaranteed loans that are obligations 
     of the funds established under section 238 or 519 of the 
     National Housing Act that have not been obligated or that are 
     deobligated shall be available to the Secretary of Housing 
     and Urban Development in connection with the making of such 
     guarantees and shall remain available until expended, 
     notwithstanding the expiration of any period of availability 
     otherwise applicable to such amounts.
       Gross obligations for the principal amount of direct loans, 
     as authorized by sections 204(g), 207(l), 238(a), and 519(a) 
     of the National Housing Act, shall not exceed $120,000,000; 
     of which not to exceed $100,000,000 shall be for bridge 
     financing in connection with the sale of multifamily real 
     properties owned by the Secretary and formerly insured under 
     such Act; and of which not to exceed $20,000,000 shall be for 
     loans to nonprofit and governmental entities in connection 
     with the sale of single-family real properties owned by the 
     Secretary and formerly insured under such Act.
       In addition, for administrative expenses necessary to carry 
     out the guaranteed and direct loan programs, $202,470,000, of 
     which $198,299,000 shall be transferred to the appropriation 
     for departmental salaries and expenses; and of which 
     $4,171,000 shall be transferred to the appropriation for the 
     Office of Inspector General.

                Government National Mortgage Association


guarantees of mortgage-backed securities loan guarantee program account

                      (includes transfer of funds)

       During fiscal year 1996, new commitments to issue 
     guarantees to carry out the purposes of section 306 of the 
     National Housing Act, as amended (12 U.S.C. 1721(g)), shall 
     not exceed $110,000,000,000.
       For administrative expenses necessary to carry out the 
     guaranteed mortgage-backed securities program, $9,101,000, to 
     be derived from the GNMA--guarantees of mortgage-backed 
     securities guaranteed loan receipt account, of which not to 
     exceed $9,101,000 shall be transferred to the appropriation 
     for departmental salaries and expenses.

                       administrative provisions


                     (including transfer of funds)

        extend administrative provisions from the rescission act

       Sec. 201. (a) Public and Indian Housing Modernization.--
       (1) Expansion of use of modernization funding.--Subsection 
     14(q) of the United States Housing Act of 1937 is amended to 
     read as follows:
       ``(q)(1) In addition to the purposes enumerated in 
     subsections (a) and (b), a public housing agency may use 
     modernization assistance provided under section 14, and 
     development assistance provided under section 5(a) that was 
     not allocated, as determined by the Secretary, for priority 
     replacement housing, for any eligible activity authorized by 
     this section, by section 5, or by applicable Appropriations 
     Acts for a public housing agency, including the demolition, 
     rehabilitation, revitalization, and replacement of existing 
     units and projects and, for up to 10 percent of its 
     allocation of such funds in any fiscal year, for any 
     operating subsidy purpose authorized in section 9. Except for 
     assistance used for operating subsidy purposes under the 
     preceding sentence, assistance provided to a public housing 
     agency under this section shall principally be used for the 
     physical improvement or replacement of public housing and for 
     associated management improvements, except as otherwise 
     approved by the Secretary. Public housing units assisted 
     under this paragraph shall be eligible for operating 
     subsidies, unless the Secretary determines that such units or 
     projects have not received sufficient assistance under this 
     Act or do not meet other requirements of this Act.
       ``(2) A public housing agency may provide assistance to 
     developments that include units for other than very low-
     income families (`mixed income developments'), in the form of 
     a grant, loan, operating assistance, or other form of 
     investment which may be made to--
       ``(A) a partnership, a limited liability company, or other 
     legal entity in which the public housing agency or its 
     affiliate is a general partner, managing member, or otherwise 
     participates in the activities of such entity; or
       ``(B) any entity which grants to the public housing agency 
     the option to purchase the development within 20 years after 
     initial occupancy in accordance with section 42(i)(7) of the 
     Internal Revenue Code of 1986, as amended. Units shall be 
     made available in such developments for periods of not less 
     than 20 years, by master contract or by individual lease, for 
     occupancy by low-income families referred from time to time 
     by the public housing agency. The number of such units shall 
     be:
       ``(i) in the same proportion to the total number of units 
     in such development that the total financial commitment 
     provided by the public housing agency bears to the value of 
     the total financial commitment in the development, or
       ``(ii) not be less than the number of units that could have 
     been developed under the conventional public housing program 
     with the assistance involved, or
       ``(iii) as may otherwise be approved by the Secretary.
       ``(3) A mixed income development may elect to have all 
     units subject only to the applicable local real estate taxes, 
     notwithstanding that the low-income units assisted by public 
     housing funds would otherwise be subject to section 6(d) of 
     the Housing Act of 1937.
       ``(4) If an entity that owns or operates a mixed-income 
     project under this subsection enters into a contract with a 
     public housing agency, the terms of which obligate the entity 
     to operate and maintain a specified number of units in the 
     project as public housing units in accordance with the 
     requirements of this Act for the period required by law, such 
     contractual terms may provide that, if, as a result of a 
     reduction in appropriations under section 9, or any other 
     change in applicable law, the public housing agency is unable 
     to fulfill its contractual obligations with respect to those 
     public housing units, that entity may deviate, under 
     procedures and requirements developed through regulations by 
     the Secretary, from otherwise applicable restrictions under 
     this Act regarding rents, income eligibility, and other areas 
     of public housing management with respect to a portion or all 
     of those public housing units, to the extent necessary to 
     preserve the viability of those units while maintaining the 
     low-income character of the units, to the maximum extent 
     practicable.''.
       (2) Applicability.--Section 14(q) of the United States 
     Housing Act of 1937, as amended by subsection (a) of this 
     section, shall be effective only with respect to assistance 
     provided from funds made available for fiscal year 1996 or 
     any preceding fiscal year.
       (3) Applicability to ihas.--In accordance with section 
     201(b)(2) of the United States Housing Act of 1937, the 
     amendment made by

[[Page H1929]]

     this subsection shall apply to public housing developed or 
     operated pursuant to a contract between the Secretary of 
     Housing and Urban Development and an Indian housing 
     authority.
       (b) One-for-One Replacement of Public and Indian Housing.--
       (1) Extended authority.--Section 1002(d) of Public Law 104-
     19 is amended to read as follows:
       ``(d) Subsections (a), (b), and (c) shall be effective for 
     applications for the demolition, disposition, or conversion 
     to homeownership of public housing approved by the Secretary, 
     and other consolidation and relocation activities of public 
     housing agencies undertaken, on, before, or after September 
     30, 1995 and before September 30, 1996.''.
       (2) Section 18(f) of the United States Housing Act of 1937 
     is amended by adding at the end the following new sentence:

     ``No one may rely on the preceding sentence as the basis for 
     reconsidering a final order of a court issued, or a 
     settlement approved by, a court.''.
       (3) Applicability.--In accordance with section 201(b)(2) of 
     the United States Housing Act of 1937, the amendments made by 
     this subsection and by sections 1002 (a), (b), and (c) of 
     Public Law 104-19 shall apply to public housing developed or 
     operated pursuant to a contract between the Secretary of 
     Housing and Urban Development and an Indian housing 
     authority.


            conversion of certain public housing to vouchers

       Sec. 202. (a) Identification of Units.--Each public housing 
     agency shall identify any public housing developments--
       (1) that are on the same or contiguous sites;
       (2) that total more than--
       (A) 300 dwelling units; or
       (B) in the case of high-rise family buildings or 
     substantially vacant buildings; 300 dwelling units;
       (3) that have a vacancy rate of at least 10 percent for 
     dwelling units not in funded, on schedule modernization 
     programs;
       (4) identified as distressed housing that the public 
     housing agency cannot assure the long-term viability as 
     public housing through reasonable revitalization, density 
     reduction, or achievement of a broader range of household 
     income; and
       (5) for which the estimated cost of continued operation and 
     modernization of the developments as public housing exceeds 
     the cost of providing tenant-based assistance under section 8 
     of the United States Housing Act of 1937 for all families in 
     occupancy, based on appropriate indicators of cost (such as 
     the percentage of total development cost required for 
     modernization).
       (b) Implementation and Enforcement.--
       (1) Standards for implementation.--The Secretary shall 
     establish standards to permit implementation of this section 
     in fiscal year 1996.
       (2) Consultation.--Each public housing agency shall consult 
     with the applicable public housing tenants and the unit of 
     general local government in identifying any public housing 
     developments under subsection (a).
       (3) Failure of phas to comply with subsection (a).--Where 
     the Secretary determines that--
       (A) a public housing agency has failed under subsection (a) 
     to identify public housing developments for removal from the 
     inventory of the agency in a timely manner;
       (B) a public housing agency has failed to identify one or 
     more public housing developments which the Secretary 
     determines should have been identified under subsection (a); 
     or
       (C) one or more of the developments identified by the 
     public housing agency pursuant to subsection (a) should not, 
     in the determination of the Secretary, have been identified 
     under that subsection;

     the Secretary may designate the developments to be removed 
     from the inventory of the public housing agency pursuant to 
     this section.
       (c) Removal of Units From the Inventories of Public Housing 
     Agencies.--
       (1) Each public housing agency shall develop and carry out 
     a plan in conjunction with the Secretary for the removal of 
     public housing units identified under subsection (a) or 
     subsection (b)(3), over a period of up to five years, from 
     the inventory of the public housing agency and the annual 
     contributions contract. The plan shall be approved by the 
     relevant local official as not inconsistent with the 
     Comprehensive Housing Affordability Strategy under title I of 
     the Housing and Community Development Act of 1992, including 
     a description of any disposition and demolition plan for the 
     public housing units.
       (2) The Secretary may extend the deadline in paragraph (1) 
     for up to an additional five years where the Secretary makes 
     a determination that the deadline is impracticable.
       (3) The Secretary shall take appropriate actions to ensure 
     removal of developments identified under subsection (a) or 
     subsection (b)(3) from the inventory of a public housing 
     agency, if the public housing agency fails to adequately 
     develop a plan under paragraph (1), or fails to adequately 
     implement such plan in accordance with the terms of the plan.
       (4) To the extent approved in appropriations Acts, the 
     Secretary may establish requirements and provide funding 
     under the Urban Revitalization Demonstration program for 
     demolition and disposition of public housing under this 
     section.
       (5) Notwithstanding any other provision of law, if a 
     development is removed from the inventory of a public housing 
     agency and the annual contributions contract pursuant to 
     paragraph (1), the Secretary may authorize or direct the 
     transfer of--
       (A) in the case of an agency receiving assistance under the 
     comprehensive improvement assistance program, any amounts 
     obligated by the Secretary for the modernization of such 
     development pursuant to section 14 of the United States 
     Housing Act of 1937;
       (B) in the case of an agency receiving public and Indian 
     housing modernization assistance by formula pursuant to 
     section 14 of the United States Housing Act of 1937, any 
     amounts provided to the agency which are attributable 
     pursuant to the formula for allocating such assistance to the 
     development removed from the inventory of that agency; and
       (C) in the case of an agency receiving assistance for the 
     major reconstruction of obsolete projects, any amounts 
     obligated by the Secretary for the major reconstruction of 
     the development pursuant to section 5 of such Act,

     to the tenant-based assistance program or appropriate site 
     revitalization of such agency.
       (6) Cessation of unnecessary spending.--Notwithstanding any 
     other provision of law, if, in the determination of the 
     Secretary, a development meets or is likely to meet the 
     criteria set forth in subsection (a), the Secretary may 
     direct the public housing agency to cease additional spending 
     in connection with the development, except to the extent that 
     additional spending is necessary to ensure decent, safe, and 
     sanitary housing until the Secretary determines or approves 
     an appropriate course of action with respect to such 
     development under this section.
       (d) Conversion to Tenant-Based Assistance.--
       (1) The Secretary shall make authority available to a 
     public housing agency to provide tenant-based assistance 
     pursuant to section 8 to families residing in any development 
     that is removed from the inventory of the public housing 
     agency and the annual contributions contract pursuant to 
     subsection (b).
       (2) Each conversion plan under subsection (c) shall--
       (A) require the agency to notify families residing in the 
     development, consistent with any guidelines issued by the 
     Secretary governing such notifications, that the development 
     shall be removed from the inventory of the public housing 
     agency and the families shall receive tenant-based or 
     project-based assistance, and to provide any necessary 
     counseling for families; and
       (B) ensure that all tenants affected by a determination 
     under this section that a development shall be removed from 
     the inventory of a public housing agency shall be offered 
     tenant-based or project-based assistance and shall be 
     relocated, as necessary, to other decent, safe, sanitary, and 
     affordable housing which is, to the maximum extent 
     practicable, housing of their choice.
       (e) In General.--
       (1) The Secretary may require a public housing agency to 
     provide such information as the Secretary considers necessary 
     for the administration of this section.
       (2) As used in this section, the term ``development'' shall 
     refer to a project or projects, or to portions of a project 
     or projects, as appropriate.
       (3) Section 18 of the United States Housing Act of 1937 
     shall not apply to the demolition of developments removed 
     from the inventory of the public housing agency under this 
     section.

             streamlining section 8 tenant-based assistance

       Sec. 203. (a) ``Take-One, Take-All''.--Section 8(t) of the 
     United States Housing Act of 1937 is hereby repealed.
       (b) Exemption From Notice Requirements for the Certificate 
     and Voucher Programs.--Section 8(c) of such Act is amended--
       (1) in paragraph (8), by inserting after ``section'' the 
     following: ``(other than a contract for assistance under the 
     certificate or voucher program)''; and
       (2) in the first sentence of paragraph (9), by striking 
     ``(but not less than 90 days in the case of housing 
     certificates or vouchers under subsection (b) or (o))'' and 
     inserting ``, other than a contract under the certificate or 
     voucher program''.
       (c) Endless Lease.--Section 8(d)(1)(B) of such Act is 
     amended--
       (1) in clause (ii), by inserting ``during the term of the 
     lease,'' after ``(ii)''; and
       (2) in clause (iii), by striking ``provide that'' and 
     inserting ``during the term of the lease,''.
       (d) Applicability.--The provisions of this section shall be 
     effective for fiscal year 1996 only.


         public housing/section 8 moving to work demonstration

       Sec. 204. (a) Purpose.--The purpose of this demonstration 
     is to give public housing agencies and the Secretary of 
     Housing and Urban Development the flexibility to design and 
     test various approaches for providing and administering 
     housing assistance that: reduce cost and achieve greater cost 
     effectiveness in Federal expenditures; give incentives to 
     families with children where the head of household is 
     working, seeking work, or is preparing for work by 
     participating in

[[Page H1930]]

     job training, educational programs, or programs that assist 
     people to obtain employment and become economically self-
     sufficient; and increase housing choices for low-income 
     families.
       (b) Program Authority.--The Secretary of Housing and Urban 
     Development shall conduct a demonstration program under this 
     section beginning in fiscal year 1996 under which up to 30 
     public housing agencies (including Indian housing 
     authorities) administering the public or Indian housing 
     program and the section 8 housing assistance payments 
     program, administering a total number of public housing units 
     not in excess of 25,000, may be selected by the Secretary to 
     participate. The Secretary shall provide training and 
     technical assistance during the demonstration and conduct 
     detailed evaluations of up to 15 such agencies in an effort 
     to identify replicable program models promoting the purpose 
     of the demonstration. Under the demonstration, 
     notwithstanding any provision of the United States Housing 
     Act of 1937 except as provided in subsection (e), an agency 
     may combine operating assistance provided under section 9 of 
     the United States Housing Act of 1937, modernization 
     assistance provided under section 14 of such Act, and 
     assistance provided under section 8 of such Act for the 
     certificate and voucher programs, to provide housing 
     assistance for low-income families, as defined in section 
     3(b)(2) of the United States Housing Act of 1937, and 
     services to facilitate the transition to work on such terms 
     and conditions as the agency may propose and the Secretary 
     may approve.
       (c) Application.--An application to participate in the 
     demonstration--
       (1) shall request authority to combine assistance under 
     sections 8, 9, and 14 of the United States Housing Act of 
     1937;
       (2) shall be submitted only after the public housing agency 
     provides for citizen participation through a public hearing 
     and, if appropriate, other means;
       (3) shall include a plan developed by the agency that takes 
     into account comments from the public hearing and any other 
     public comments on the proposed program, and comments from 
     current and prospective residents who would be affected, and 
     that includes criteria for--
       (A) families to be assisted, which shall require that at 
     least 75 percent of the families assisted by participating 
     demonstration public housing authorities shall be very low-
     income families, as defined in section 3(b)(2) of the United 
     States Housing Act of 1937, and at least 50 percent of the 
     families selected shall have incomes that do not exceed 30 
     percent of the median family income for the area, as 
     determined by the Secretary with adjustments for smaller and 
     larger families, except that the Secretary may establish 
     income ceilings higher or lower than 30 percent of the median 
     for the area on the basis of the Secretary's findings that 
     such variations are necessary because of unusually high or 
     low family income;
       (B) establishing a reasonable rent policy, which shall be 
     designed to encourage employment and self-sufficiency by 
     participating families, consistent with the purpose of this 
     demonstration, such as by excluding some or all of a family's 
     earned income for purposes of determining rent;
       (C) continuing to assist substantially the same total 
     number of eligible low-income families as would have been 
     served had the amounts not been combined;
       (D) maintaining a comparable mix of families (by family 
     size) as would have been provided had the amounts not been 
     used under the demonstration; and
       (E) assuring that housing assisted under the demonstration 
     program meets housing quality standards established or 
     approved by the Secretary; and
       (4) may request assistance for training and technical 
     assistance to assist with design of the demonstration and to 
     participate in a detailed evaluation.
       (d) Selection.--In selecting among applications, the 
     Secretary shall take into account the potential of each 
     agency to plan and carry out a program under the 
     demonstration, the relative performance by an agency under 
     the public housing management assessment program under 
     section 6(j) of the United States Housing Act of 1937, and 
     other appropriate factors as determined by the Secretary.
       (e) Applicability of 1937 Act Provisions.--
       (1) Section 18 of the United States Housing Act of 1937 
     shall continue to apply to public housing notwithstanding any 
     use of the housing under this demonstration.
       (2) Section 12 of such Act shall apply to housing assisted 
     under the demonstration, other than housing assisted solely 
     due to occupancy by families receiving tenant-based 
     assistance.
       (f) Effect on Section 8, Operating Subsidies, and 
     Comprehensive Grant Program Allocations.--The amount of 
     assistance received under section 8, section 9, or pursuant 
     to section 14 by a public housing agency participating in the 
     demonstration under this part shall not be diminished by its 
     participation.
       (g) Records, Reports, and Audits.--
       (1) Keeping of records.--Each agency shall keep such 
     records as the Secretary may prescribe as reasonably 
     necessary to disclose the amounts and the disposition of 
     amounts under this demonstration, to ensure compliance with 
     the requirements of this section, and to measure performance.
       (2) Reports.--Each agency shall submit to the Secretary a 
     report, or series of reports, in a form and at a time 
     specified by the Secretary. Each report shall--
       (A) document the use of funds made available under this 
     section;
       (B) provide such data as the Secretary may request to 
     assist the Secretary in assessing the demonstration; and
       (C) describe and analyze the effect of assisted activities 
     in addressing the objectives of this part.
       (3) Access to documents by the secretary.--The Secretary 
     shall have access for the purpose of audit and examination to 
     any books, documents, papers, and records that are pertinent 
     to assistance in connection with, and the requirements of, 
     this section.
       (4) Access to documents by the comptroller general.--The 
     Comptroller General of the United States, or any of the duly 
     authorized representatives of the Comptroller General, shall 
     have access for the purpose of audit and examination to any 
     books, documents, papers, and records that are pertinent to 
     assistance in connection with, and the requirements of, this 
     section.
       (h) Evaluation and Report.--
       (1) Consultation with pha and family representatives.--In 
     making assessments throughout the demonstration, the 
     Secretary shall consult with representatives of public 
     housing agencies and residents.
       (2) Report to congress.--Not later than 180 days after the 
     end of the third year of the demonstration, the Secretary 
     shall submit to the Congress a report evaluating the programs 
     carried out under the demonstration. The report shall also 
     include findings and recommendations for any appropriate 
     legislative action.
       (i) Funding for Technical Assistance and Evaluation.--From 
     amounts appropriated for assistance under section 14 of the 
     United States Housing Act of 1937 for fiscal years 1996, 
     1997, and 1998, the Secretary may use up to a total of 
     $5,000,000--
       (1) to provide, directly or by contract, training and 
     technical assistance--
       (A) to public housing agencies that express an interest to 
     apply for training and technical assistance pursuant to 
     subsection (c)(4), to assist them in designing programs to be 
     proposed for the demonstration; and
       (B) to up to 10 agencies selected to receive training and 
     technical assistance pursuant to subsection (c)(4), to assist 
     them in implementing the approved program; and
       (2) to conduct detailed evaluations of the activities of 
     the public housing agencies under paragraph (1)(B), directly 
     or by contract.


            extension of multifamily housing finance program

       Sec. 205. (a) The first sentence of section 542(b)(5) of 
     the Housing and Community Development Act of 1992 (12 U.S.C. 
     1707 note) is amended by striking ``on not more than 15,000 
     units over fiscal years 1993 and 1994'' and inserting ``on 
     not more than 7,500 units during fiscal year 1996''.
       (b) The first sentence of section 542(c)(4) of the Housing 
     and Community Development Act of 1992 (12 U.S.C. 1707 note) 
     is amended by striking ``on not to exceed 30,000 units over 
     fiscal years 1993, 1994, and 1995'' and inserting ``on not 
     more than 10,000 units during fiscal year 1996''.


        foreclosure of hud-held mortgages through third parties

       Sec. 206. During fiscal year 1996, the Secretary of Housing 
     and Urban Development may delegate to one or more entities 
     the authority to carry out some or all of the functions and 
     responsibilities of the Secretary in connection with the 
     foreclosure of mortgages held by the Secretary under the 
     National Housing Act.


 restructuring of the hud multifamily mortgage portfolio through state 
                       housing finance agencies.

       Sec. 207. During fiscal year 1996, the Secretary of Housing 
     and Urban Development may sell or otherwise transfer 
     multifamily mortgages held by the Secretary under the 
     National Housing Act to a State housing finance agency in 
     connection with a program authorized under section 542 (b) or 
     (c) of the Housing and Community Development Act of 1992 
     without regard to the unit limitations in section 542(b)(5) 
     or 542(c)(4) of such Act.


                    transfer of section 8 authority

       Sec. 208. Section 8 of the United States Housing Act of 
     1937 is amended by adding the following new subsection at the 
     end:
       ``(bb) Transfer of Budget Authority.--If an assistance 
     contract under this section, other than a contract for 
     tenant-based assistance, is terminated or is not renewed, or 
     if the contract expires, the Secretary shall, in order to 
     provide continued assistance to eligible families, including 
     eligible families receiving the benefit of the project-based 
     assistance at the time of the termination, transfer any 
     budget authority remaining in the contract to another 
     contract. The transfer shall be under such terms as the 
     Secretary may prescribe.''.


               documentation of multifamily refinancings

       Sec. 209. Notwithstanding the 16th paragraph under the item 
     relating to ``administrative provisions'' in title II of the 
     Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     1995 (Public Law 103-327; 108 Stat. 2316), the amendments to 
     section 223(a)(7) of the National Housing Act made by the 
     15th paragraph of such Act shall be effective during fiscal 
     year 1996 and thereafter.

[[Page H1931]]

                FHA MULTIFAMILY DEMONSTRATION AUTHORITY

       Sec. 210. (a) On and after October 1, 1995, and before 
     October 1, 1997, the Secretary of Housing and Urban 
     Development shall initiate a demonstration program with 
     respect to multifamily projects whose owners agree to 
     participate and whose mortgages are insured under the 
     National Housing Act and that are assisted under section 8 of 
     the United States Housing Act of 1937 and whose present 
     section 8 rents are, in the aggregate, in excess of the fair 
     market rent of the locality in which the project is located. 
     These programs shall be designed to test the feasibility and 
     desirability of the goal of ensuring, to the maximum extent 
     practicable, that the debt service and operating expenses, 
     including adequate reserves, attributable to such multifamily 
     projects can be supported with or without mortgage insurance 
     under the National Housing Act and with or without above-
     market rents and utilizing project-based assistance or, with 
     the consent of the property owner, tenant-based assistance, 
     while taking into account the need for assistance of low- and 
     very low-income families in such projects. In carrying out 
     this demonstration, the Secretary may use arrangements with 
     third parties, under which the Secretary may provide for the 
     assumption by the third parties (by delegation, contract, or 
     otherwise) of some or all of the functions, obligations, and 
     benefits of the Secretary.
       (1) Goals.--The Secretary of Housing and Urban Development 
     shall carry out the demonstration programs under this section 
     in a manner that--
       (A) will protect the financial interests of the Federal 
     Government;
       (B) will result in significant discretionary cost savings 
     through debt restructuring and subsidy reduction; and
       (C) will, in the least costly fashion, address the goals 
     of--
       (i) maintaining existing housing stock in a decent, safe, 
     and sanitary condition;
       (ii) minimizing the involuntary displacement of tenants;
       (iii) restructuring the mortgages of such projects in a 
     manner that is consistent with local housing market 
     conditions;
       (iv) supporting fair housing strategies;
       (v) minimizing any adverse income tax impact on property 
     owners; and
       (vi) minimizing any adverse impact on residential 
     neighborhoods.

     In determining the manner in which a mortgage is to be 
     restructured or the subsidy reduced, the Secretary may 
     balance competing goals relating to individual projects in a 
     manner that will further the purposes of this section.
       (2) Demonstration approaches.--In carrying out the 
     demonstration programs, subject to the appropriation in 
     subsection (f), the Secretary may use one or more of the 
     following approaches:
       (A) Joint venture arrangements with third parties, under 
     which the Secretary may provide for the assumption by the 
     third parties (by delegation, contract, or otherwise) of some 
     or all of the functions, obligations, and benefits of the 
     Secretary.
       (B) Subsidization of the debt service of the project to a 
     level that can be paid by an owner receiving an unsubsidized 
     market rent.
       (C) Renewal of existing project-based assistance contracts 
     where the Secretary shall approve proposed initial rent 
     levels that do not exceed the greater of 120 percent of fair 
     market rents or comparable market rents for the relevant 
     metropolitan market area or at rent levels under a budget-
     based approach.
       (D) Nonrenewal of expiring existing project-based 
     assistance contracts and providing tenant-based assistance to 
     previously assisted households.
       (b) For purposes of carrying out demonstration programs 
     under subsection (a)--
       (1) the Secretary may manage and dispose of multifamily 
     properties owned by the Secretary as of October 1, 1995 and 
     multifamily mortgages held by the Secretary as of October 1, 
     1995 for properties assisted under section 8 with rents above 
     110 percent of fair market rents without regard to any other 
     provision of law; and
       (2) the Secretary may delegate to one or more entities the 
     authority to carry out some or all of the functions and 
     responsibilities of the Secretary in connection with the 
     foreclosure of mortgages held by the Secretary under the 
     National Housing Act.
       (c) For purposes of carrying out demonstration programs 
     under subsection (a), subject to such third party consents 
     (if any) as are necessary including but not limited to (i) 
     consent by the Government National Mortgage Association where 
     it owns a mortgage insured by the Secretary; (ii) consent by 
     an issuer under the mortgage-backed securities program of the 
     Association, subject to the responsibilities of the issuer to 
     its security holders and the Association under such program; 
     and (iii) parties to any contractual agreement which the 
     Secretary proposes to modify or discontinue, and subject to 
     the appropriation in subsection (c), the Secretary or one or 
     more third parties designated by the Secretary may take the 
     following actions:
       (1) Notwithstanding any other provision of law, and subject 
     to the agreement of the project owner, the Secretary or third 
     party may remove, relinquish, extinguish, modify, or agree to 
     the removal of any mortgage, regulatory agreement, project-
     based assistance contract, use agreement, or restriction that 
     had been imposed or required by the Secretary, including 
     restrictions on distributions of income which the Secretary 
     or third party determines would interfere with the ability of 
     the project to operate without above market rents. The 
     Secretary or third party may require an owner of a property 
     assisted under the section 8 new construction/substantial 
     rehabilitation program to apply any accumulated residual 
     receipts toward effecting the purposes of this section.
       (2) Notwithstanding any other provision of law, the 
     Secretary of Housing and Urban Development may enter into 
     contracts to purchase reinsurance, or enter into 
     participations or otherwise transfer economic interest in 
     contracts of insurance or in the premiums paid, or due to be 
     paid, on such insurance to third parties, on such terms and 
     conditions as the Secretary may determine.
       (3) The Secretary may offer project-based assistance with 
     rents at or below fair market rents for the locality in which 
     the project is located and may negotiate such other terms as 
     are acceptable to the Secretary and the project owner.
       (4) The Secretary may offer to pay all or a portion of the 
     project's debt service, including payments monthly from the 
     appropriate Insurance Fund, for the full remaining term of 
     the insured mortgage.
       (5) Notwithstanding any other provision of law, the 
     Secretary may forgive and cancel any FHA-insured mortgage 
     debt that a demonstration program property cannot carry at 
     market rents while bearing full operating costs.
       (6) For demonstration program properties that cannot carry 
     full operating costs (excluding debt service) at market 
     rents, the Secretary may approve project-based rents 
     sufficient to carry such full operating costs and may offer 
     to pay the full debt service in the manner provided in 
     paragraph (4).
       (d) Community and Tenant Input.--In carrying out this 
     section, the Secretary shall develop procedures to provide 
     appropriate and timely notice to officials of the unit of 
     general local government affected, the community in which the 
     project is situated, and the tenants of the project.
       (e) Limitation on Demonstration Authority.--The Secretary 
     may carry out demonstration programs under this section with 
     respect to mortgages not to exceed 15,000 units. The 
     demonstration authorized under this section shall not be 
     expanded until the reports required under subsection (g) are 
     submitted to the Congress.
       (f) Appropriation.--For the cost of modifying loans held or 
     guaranteed by the Federal Housing Administration, as 
     authorized by this subsection (a)(2) and subsection (c), 
     $30,000,000, to remain available until September 30, 1997: 
     Provided, That such costs shall be as defined in section 502 
     of the Congressional Budget Act of 1974, as amended.
       (g) Report to Congress.--The Secretary shall submit to the 
     Congress every six months after the date of enactment of this 
     Act a report describing and assessing the programs carried 
     out under the demonstrations. The Secretary shall also submit 
     a final report to the Congress not later than six months 
     after the end of the demonstrations. The reports shall 
     include findings and recommendations for any legislative 
     action appropriate. The reports shall also include a 
     description of the status of each multifamily housing project 
     selected for the demonstrations under this section. The final 
     report may include--
       (1) the size of the projects;
       (2) the geographic locations of the projects, by State and 
     region;
       (3) the physical and financial condition of the projects;
       (4) the occupancy profile of the projects, including the 
     income, family size, race, and ethnic origin of current 
     tenants, and the rents paid by such tenants;
       (5) a description of actions undertaken pursuant to this 
     section, including a description of the effectiveness of such 
     actions and any impediments to the transfer or sale of 
     multifamily housing projects;
       (6) a description of the extent to which the demonstrations 
     under this section have displaced tenants of multifamily 
     housing projects;
       (7) a description of any of the functions performed in 
     connection with this section that are transferred or 
     contracted out to public or private entities or to States;
       (8) a description of the impact to which the demonstrations 
     under this section have affected the localities and 
     communities where the selected multifamily housing projects 
     are located; and
       (9) a description of the extent to which the demonstrations 
     under this section have affected the owners of multifamily 
     housing projects.


 assessment collection dates for office of federal housing enterprise 
                               oversight

       Sec. 211. Section 1316(b) of the Housing and Community 
     Development Act of 1992 (12 U.S.C. 4516(b)) is amended by 
     striking paragraph (2) and inserting the following new 
     paragraph:
       ``(2) Timing of payment.--The annual assessment shall be 
     payable semiannually for each fiscal year, on October 1 and 
     April 1.''.


 merger language for assistance for the renewal of expiring section 8 
    subsidy contracts and annual contributions for assisted housing

       Sec. 212. All remaining obligated and unobligated balances 
     in the Renewal of Expiring Section 8 Subsidy Contracts 
     account on September 30, 1995, shall immediately thereafter

[[Page H1932]]

     be transferred to and merged with the obligated and 
     unobligated balances, respectively, of the Annual 
     Contributions for Assisted Housing account.


                            debt forgiveness

       Sec. 213. (a) The Secretary of Housing and Urban 
     Development shall cancel the indebtedness of the Hubbard 
     Hospital Authority of Hubbard, Texas, relating to the public 
     facilities loan for Project Number PFL-TEX-215, issued under 
     title II of the Housing Amendments of 1955. Such hospital 
     authority is relieved of all liability to the Government for 
     the outstanding principal balance on such loan, for the 
     amount of accrued interest on such loan, and for any fees and 
     charges payable in connection with such loan.
       (b) The Secretary of Housing and Urban Development shall 
     cancel the indebtedness of the Groveton Texas Hospital 
     Authority relating to the public facilities loan for Project 
     Number TEX-41-PFL0162, issued under title II of the Housing 
     Amendments of 1955. Such hospital authority is relieved of 
     all liability to the Government for the outstanding principal 
     balance on such loan, for the amount of accrued interest on 
     such loan, and for any fees and charges payable in connection 
     with such loan.
       (c) The Secretary of Housing and Urban Development shall 
     cancel the indebtedness of the Hepzibah Public Service 
     District of Hepzibah, West Virginia, relating to the public 
     facilities loan for Project Number WV-46-PFL0031, issued 
     under title II of the Housing Amendments of 1955. Such public 
     service district is relieved of all liability to the 
     Government for the outstanding principal balance on such 
     loan, for the amount of accrued interest on such loan, and 
     for any fees and charges payable in connection with such 
     loan.
       (d) The Secretary of Housing and Urban Development shall 
     cancel indebtedness of Sheehan Memorial Hospital of Buffalo, 
     New York, relating to the Federal Housing Administration 
     insurance for Project Number 014-13002 issued under section 
     242 of the National Housing Act. Such hospital is relieved of 
     all liability to the Government for the outstanding principal 
     balance on such loan, for the amount of accrued interest on 
     such loan, and for any fees and charges payable in connection 
     with such loan.


                             clarifications

       Sec. 214. For purposes of Federal law, the Paul Mirabile 
     Center in San Diego, California, including areas within such 
     Center that are devoted to the delivery of supportive 
     services, has been determined to satisfy the ``continuum of 
     care'' requirements of the Department of Housing and Urban 
     Development, and shall be treated as--
       (a) consisting solely of residential units that (i) contain 
     sleeping accommodations and kitchen and bathroom facilities, 
     (ii) are located in a building that is used exclusively to 
     facilitate the transition of homeless individuals (within the 
     meaning of section 103 of the Stewart B. McKinney Homeless 
     Assistance Act (42 U.S.C. 11302), as in effect on December 
     19, 1989) to independent living within 24 months, (iii) are 
     suitable for occupancy, with each cubicle constituting a 
     separate bedroom and residential unit, (iv) are used on other 
     than a transient basis, and (v) shall be originally placed in 
     service on November 1, 1995; and
       (b) property that is entirely residential rental property, 
     namely, a project for residential rental property.


                         employment limitations

       Sec. 215. (a) By the end of fiscal year 1996 the Department 
     of Housing and Urban Development shall employ no more than 
     seven Assistant Secretaries, notwithstanding section 4(a) of 
     the Department of Housing and Urban Development Act.
       (b) By the end of fiscal year 1996 the Department of 
     Housing and Urban Development shall employ no more than 77 
     schedule C and 20 non-career senior executive service 
     employees.


                              use of funds

       Sec. 216. (a) Of the $93,400,000 earmarked in Public Law 
     101-144 (103 Stat. 850), as amended by Public Law 101-302 
     (104 Stat. 237), for special projects and purposes, any 
     amounts remaining of the $500,000 made available to Bethlehem 
     House in Highland, California, for site planning and loan 
     acquisition shall instead be made available to the County of 
     San Bernardino in California to assist with the expansion of 
     the Los Padrinos Gang Intervention Program and the Unity Home 
     Domestic Violence Shelter.
       (b) The amount made available for fiscal year 1995 for the 
     removal of asbestos from an abandoned public school building 
     in Toledo, Ohio shall be made available for the renovation 
     and rehabilitation of an industrial building at the 
     University of Toledo in Toledo, Ohio.


                       lead-based paint abatement

       Sec. 217. (a) Section 1011 of Title X--Residential Lead-
     Based Paint Hazard Reduction Act of 1992 is amended as 
     follows: Strike ``priority housing'' wherever it appears in 
     said section and insert ``housing''.
       (b) Section 1011(a) shall be amended as follows: At the end 
     of the subsection after the period, insert: ``Grants shall 
     only be made under this section to provide assistance for 
     housing which meets the following criteria--
       ``(1) for grants made to assist rental housing, at least 50 
     percent of the units must be occupied by or made available to 
     families with incomes at or below 50 percent of the area 
     median income level and the remaining units shall be occupied 
     or made available to families with incomes at or below 80 
     percent of the area median income level, and in all cases the 
     landlord shall give priority in renting units assisted under 
     this section, for not less than 3 years following the 
     completion of lead abatement activities, to families with a 
     child under the age of six years, except that buildings with 
     five or more units may have 20 percent of the units occupied 
     by families with incomes above 80 percent of area median 
     income level;
       ``(2) for grants made to assist housing owned by owner-
     occupants, all units assisted with grants under this section 
     shall be the principal residence of families with income at 
     or below 80 percent of the area median income level, and not 
     less than 90 percent of the units assisted with grants under 
     this section shall be occupied by a child under the age of 
     six years or shall be units where a child under the age of 
     six years spends a significant amount of time visiting; and
       ``(3) notwithstanding paragraphs (1) and (2), Round II 
     grantees who receive assistance under this section may use 
     such assistance for priority housing.''.


      extension period for sharing utility cost savings with phas

       Sec. 218. Section 9(a)(3)(B)(i) of the United States 
     Housing Act of 1937 is amended by striking ``for a period not 
     to exceed 6 years''.


                          mortgage note sales

       Sec. 219. The first sentence of section 221(g)(4)(C)(viii) 
     of the National Housing Act is amended by striking 
     ``September 30, 1995'' and inserting in lieu thereof 
     ``September 30, 1996''.


                         repeal of frost-leland

       Sec. 220. Section 415 of the Department of Housing and 
     Urban Development--Independent Agencies Appropriations Act, 
     1988 (Public Law 100-202; 101 Stat. 1329-213) is repealed.


              fha single-family assignment program reform

       Sec. 221. Section 230(d) of the National Housing Act is 
     amended by striking ``the Departments'' and all that follows 
     through ``1996'' and inserting ``The Balanced Budget 
     Downpayment Act, I''.


                          spending limitations

       Sec. 222. (a) None of the funds in this Act may be used by 
     the Secretary to impose any sanction, or penalty because of 
     the enactment of any State or local law or regulation 
     declaring English as the official language.
       (b) No part of any appropriation contained in this Act 
     shall be used for lobbying activities as prohibited by law.


           transfer of functions to the department of justice

       Sec. 223. All functions, activities and responsibilities of 
     the Secretary of Housing and Urban Development relating to 
     title VIII of the Civil Rights Act of 1968, as amended by the 
     Fair Housing Amendments Act of 1988, and the Fair Housing 
     Act, including any rights guaranteed under the Fair Housing 
     Act (including any functions relating to the Fair Housing 
     Initiatives program under section 561 of the Housing and 
     Community Development Act of 1987), are hereby transferred to 
     the Attorney General of the United States effective April 1, 
     1997: Provided, That none of the aforementioned authority or 
     responsibility for enforcement of the Fair Housing Act shall 
     be transferred to the Attorney General until adequate 
     personnel and resources allocated to such activity at the 
     Department of Housing and Urban Development are transferred 
     to the Department of Justice.
       Sec. 224. None of the funds provided in this Act may be 
     used during fiscal year 1996 to investigate or prosecute 
     under the Fair Housing Act (42 U.S.C. 3601, et seq.) any 
     otherwise lawful activity engaged in by one or more persons, 
     including the filing or maintaining of non-frivolous legal 
     action, that is engaged in solely for the purposes of 
     achieving or preventing action by a Government official, 
     entity, or court of competent jurisdiction.
       Sec. 225. None of the funds provided in this Act many be 
     used to take any enforcement action with respect to a 
     complaint of discrimination under the Fair Housing Act (42 
     U.S.C. 3601, et seq.) on the basis of familial status and 
     which involves an occupancy standard established by the 
     housing provider except to the extent that it is found that 
     there has been discrimination in contravention of the 
     standards provided in the March 20, 1991 Memorandum from the 
     General Counsel of the Department of Housing and Urban 
     Development to all Regional Counsel or until such time that 
     HUD issues a final rule in accordance with section 553 of 
     title 5, United States Code.


                        cdbg eligible activities

       Sec. 226. Section 105(a) of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5305(a)) is amended--
       (1) in paragraph (4)--
       (A) by inserting ``reconstruction,'' after ``removal,''; 
     and
       (B) by striking ``acquisition for rehabilitation, and 
     rehabilitation'' and inserting ``acquisition for 
     reconstruction or rehabilitation, and reconstruction or 
     rehabilitation'';
       (2) in paragraph (13), by striking ``and'' at the end;
       (3) by striking paragraph (19);
       (4) in paragraph (24), by striking ``and'' at the end;
       (5) in paragraph (25), by striking the period at the end 
     and inserting ``; and'';
       (6) by redesignating paragraphs (20) through (25) as 
     paragraphs (19) through (24), respectively; and

[[Page H1933]]

       (7) by redesignating paragraph (21) (as added by section 
     1012(f)(3) of the Housing and Community Development Act of 
     1992) as paragraph (25).

                               TITLE III

                          INDEPENDENT AGENCIES

                  American Battle Monuments Commission


                         salaries and expenses

       For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, including the 
     acquisition of land or interest in land in foreign countries; 
     purchases and repair of uniforms for caretakers of national 
     cemeteries and monuments outside of the United States and its 
     territories and possessions; rent of office and garage space 
     in foreign countries; purchase (one for replacement only) and 
     hire of passenger motor vehicles; and insurance of official 
     motor vehicles in foreign countries, when required by law of 
     such countries; $20,265,000, to remain available until 
     expended: Provided, That where station allowance has been 
     authorized by the Department of the Army for officers of the 
     Army serving the Army at certain foreign stations, the same 
     allowance shall be authorized for officers of the Armed 
     Forces assigned to the Commission while serving at the same 
     foreign stations, and this appropriation is hereby made 
     available for the payment of such allowance: Provided 
     further, That when traveling on business of the Commission, 
     officers of the Armed Forces serving as members or as 
     Secretary of the Commission may be reimbursed for expenses as 
     provided for civilian members of the Commission: Provided 
     further, That the Commission shall reimburse other Government 
     agencies, including the Armed Forces, for salary, pay, and 
     allowances of personnel assigned to it.

                   Consumer Product Safety Commission


                         salaries and expenses

       For necessary expenses of the Consumer Product Safety 
     Commission, including hire of passenger motor vehicles, 
     services as authorized by 5 U.S.C. 3109, but at rates for 
     individuals not to exceed the per diem rate equivalent to the 
     rate for GS-18, purchase of nominal awards to recognize non-
     Federal officials' contributions to Commission activities, 
     and not to exceed $500 for official reception and 
     representation expenses, $40,000,000.

             Corporation for National and Community Service


       national and community service programs operating expenses

       For necessary expenses for the Corporation for National and 
     Community Service in carrying out the orderly termination of 
     programs, activities, and initiatives under the National and 
     Community Service Act of 1990, as amended (Public Law 103-
     82), $15,000,000: Provided, That such amount shall be 
     utilized to resolve all responsibilities and obligations in 
     connection with said Corporation and the Corporation's Office 
     of Inspector General: Provided further, That such amount 
     shall cease to be available for obligation upon the date of 
     implementation of title IV of this Act, and any portion of 
     such amount obligated before such date shall be charged 
     against the appropriation made under this heading in title IV 
     of this Act.

                       Court of Veterans Appeals


                         salaries and expenses

       For necessary expenses for the operation of the United 
     States Court of Veterans Appeals as authorized by 38 U.S.C. 
     sections 7251-7292, $9,000,000, of which not to exceed 
     $678,000, to remain available until September 30, 1997, shall 
     be available for the purpose of providing financial 
     assistance as described, and in accordance with the process 
     and reporting procedures set forth, under this head in Public 
     Law 102-229.

                      Department of Defense--Civil

                       Cemeterial Expenses, Army


                         salaries and expenses

       For necessary expenses, as authorized by law, for 
     maintenance, operation, and improvement of Arlington National 
     Cemetery and Soldiers' and Airmen's Home National Cemetery, 
     and not to exceed $1,000 for official reception and 
     representation expenses; $11,946,000, to remain available 
     until expended.

                    Environmental Protection Agency


                         science and technology

       For science and technology, including research and 
     development activities, which shall include research and 
     development activities under the Comprehensive Environmental 
     Response, Compensation and Liability Act of 1980 (CERCLA), as 
     amended; necessary expenses for personnel and related costs 
     and travel expenses, including uniforms, or allowances 
     therefore, as authorized by 5 U.S.C. 5901-5902; services as 
     authorized by 5 U.S.C. 3109, but at rates for individuals not 
     to exceed the per diem rate equivalent to the rate for GS-18; 
     procurement of laboratory equipment and supplies; other 
     operating expenses in support of research and development; 
     construction, alteration, repair, rehabilitation and 
     renovation of facilities, not to exceed $75,000 per project; 
     $525,000,000, which shall remain available until September 
     30, 1997.


                 environmental programs and management

       For environmental programs and management, including 
     necessary expenses, not otherwise provided for, for personnel 
     and related costs and travel expenses, including uniforms, or 
     allowances therefore, as authorized by 5 U.S.C. 5901-5902; 
     services as authorized by 5 U.S.C. 3109, but at rates for 
     individuals not to exceed the per diem rate equivalent to the 
     rate for GS-18; hire of passenger motor vehicles; hire, 
     maintenance, and operation of aircraft; purchase of reprints; 
     library memberships in societies or associations which issue 
     publications to members only or at a price to members lower 
     than to subscribers who are not members; construction, 
     alteration, repair, rehabilitation, and renovation of 
     facilities, not to exceed $75,000 per project; and not to 
     exceed $6,000 for official reception and representation 
     expenses; $1,550,300,000, which shall remain available until 
     September 30, 1997: Provided, That, notwithstanding any other 
     provision of law, for this fiscal year and hereafter, an 
     industrial discharger that is a pharmaceutical manufacturing 
     facility and discharged to the Kalamazoo Water Reclamation 
     Plant (an advanced wastewater treatment plant with activated 
     carbon) prior to the date of enactment of this Act may be 
     exempted from categorical pretreatment standards under 
     section 307(b) of the Federal Water Pollution Control Act, as 
     amended, if the following conditions are met:
       (1) The owner or operator of the Kalamazoo Water 
     Reclamation Plant applies to the State of Michigan for an 
     exemption for such industrial discharger.
       (2) The State or Administrator, as applicable, approves 
     such exemption request based upon a determination that the 
     Kalamazoo Water Reclamation Plant will provide treatment and 
     pollution removal equivalent to or better than that which 
     would be required through a combination of pretreatment by 
     such industrial discharger and treatment by the Kalamazoo 
     Water Reclamation Plant in the absence of the exemption.
       (3) Compliance with paragraph (2) is addressed by the 
     provisions and conditions of a permit issued to the Kalamazoo 
     Water Reclamation Plant under section 402 of such Act, and 
     there exists an operative financial contract between the City 
     of Kalamazoo and the industrial user and an approved local 
     pretreatment program, including a joint monitoring program 
     and local controls to prevent against interference and pass 
     through.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, and for construction, alteration, 
     repair, rehabilitation, and renovation of facilities, not to 
     exceed $75,000 per project, $28,500,000.


                        Buildings and Facilities

       For construction, repair, improvement, extension, 
     alteration, and purchase of fixed equipment or facilities of, 
     or use by, the Environmental Protection Agency, $60,000,000, 
     to remain available until expended: Provided, That 
     notwithstanding any other provision of law, the Environmental 
     Protection Agency (EPA) shall: (1) transfer all real property 
     acquired in Bay City, Michigan, for the creation of the 
     Center for Ecology, Research and Training (CERT) to the City 
     of Bay City or other local public or municipal entity; and 
     (2) make a grant in fiscal year 1996 to the recipient of the 
     property of not less than $3,000,000 from funds previously 
     appropriated for the CERT project for the purposes of 
     environmental remediation and rehabilitation of real property 
     included in the boundaries of the CERT project: Provided 
     further, That the disposition of property shall be by 
     donation or no-cost transfer and shall be made to the City of 
     Bay City, Michigan or other local public or municipal entity: 
     Provided further, That notwithstanding any other provision of 
     law, EPA shall have the authority to demolish or dispose of 
     any improvements on such real property, or to donate, sell, 
     or transfer any personal property or improvements on such 
     real property to members of the general public, by auction or 
     public sale, and to apply any funds received to costs related 
     to the transfer of the real property authorized hereunder.


                     hazardous substance superfund

                     (including transfer of funds)

       For necessary expenses to carry out the Comprehensive 
     Environmental Response, Compensation and Liability Act of 
     1980 (CERCLA), as amended, including sections 111 (c)(3), 
     (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and for 
     construction, alteration, repair, rehabilitation, and 
     renovation of facilities, not to exceed $75,000 per project; 
     not to exceed $1,163,400,000, to remain available until 
     expended, consisting of $913,400,000 as authorized by section 
     517(a) of the Superfund Amendments and Reauthorization Act of 
     1986 (SARA), as amended by Public Law 101-508, and 
     $250,000,000 as a payment from general revenues to the 
     Hazardous Substance Superfund as authorized by section 517(b) 
     of SARA, as amended by Public Law 101-508: Provided, That 
     funds appropriated under this heading may be allocated to 
     other Federal agencies in accordance with section 111(a) of 
     CERCLA: Provided further, That $11,000,000 of the funds 
     appropriated under this heading shall be transferred to the 
     Office of Inspector General appropriation to remain available 
     until September 30, 1996: Provided further, That 
     notwithstanding section 111(m) of CERCLA or any other 
     provision of law, not to exceed $59,000,000 of the funds 
     appropriated under this heading shall be available to the 
     Agency for Toxic Substances and Disease Registry to carry out 
     activities described in sections 104(i), 111(c)(4), and 
     111(c)(14) of CERCLA and section 118(f) of the

[[Page H1934]]

     Superfund Amendments and Reauthorization Act of 1986: 
     Provided further, That none of the funds appropriated under 
     this heading shall be available for the Agency for Toxic 
     Substances and Disease Registry to issue in excess of 40 
     toxicological profiles pursuant to section 104(i) of CERCLA 
     during fiscal year 1996: Provided further, That none of the 
     funds made available under this heading may be used by the 
     Environmental Protection Agency to propose for listing or to 
     list any additional facilities on the National Priorities 
     List established by section 105 of the Comprehensive 
     Environmental Response, Compensation and Liability Act 
     (CERCLA), as amended (42 U.S.C. 9605), unless the 
     Administrator receives a written request to propose for 
     listing or to list a facility from the Governor of the State 
     in which the facility is located, or unless legislation to 
     reauthorize CERCLA is enacted.


              leaking underground storage tank trust fund

                     (including transfer of funds)

       For necessary expenses to carry out leaking underground 
     storage tank cleanup activities authorized by section 205 of 
     the Superfund Amendments and Reauthorization Act of 1986, and 
     for construction, alteration, repair, rehabilitation, and 
     renovation of facilities, not to exceed $75,000 per project, 
     $45,827,000, to remain available until expended: Provided, 
     That no more than $7,000,000 shall be available for 
     administrative expenses: Provided further, That $500,000 
     shall be transferred to the Office of Inspector General 
     appropriation to remain available until September 30, 1996.


                           oil spill response

                     (including transfer of funds)

       For expenses necessary to carry out the Environmental 
     Protection Agency's responsibilities under the Oil Pollution 
     Act of 1990, $15,000,000, to be derived from the Oil Spill 
     Liability trust fund, and to remain available until expended: 
     Provided, That not more than $8,000,000 of these funds shall 
     be available for administrative expenses.


                   state and tribal assistance grants

       For environmental programs and infrastructure assistance, 
     including capitalization grants for State revolving funds and 
     performance partnership grants, $2,323,000,000, to remain 
     available until expended, of which $1,400,000,000 shall be 
     for making capitalization grants for State revolving funds to 
     support water infrastructure financing; $100,000,000 for 
     architectural, engineering, design, construction and related 
     activities in connection with the construction of high 
     priority water and wastewater facilities in the area of the 
     United States-Mexico Border, after consultation with the 
     appropriate border commission; $50,000,000 for grants to the 
     State of Texas, which shall be matched by an equal amount of 
     State funds from State resources, for the purpose of 
     improving wastewater treatment for colonias; $15,000,000 for 
     grants to the State of Alaska, subject to an appropriate cost 
     share as determined by the Administrator, to address 
     wastewater infrastructure needs of rural and Alaska Native 
     villages; and $100,000,000 for making grants for the 
     construction of wastewater treatment facilities and the 
     development of groundwater in accordance with the terms and 
     conditions specified for such grants in the Conference Report 
     accompanying this Act (H.R. 2099): Provided, That beginning 
     in fiscal year 1996 and each fiscal year thereafter, and 
     notwithstanding any other provision of law, the Administrator 
     is authorized to make grants annually from funds appropriated 
     under this heading, subject to such terms and conditions as 
     the Administrator shall establish, to any State or federally 
     recognized Indian tribe for multimedia or single media 
     pollution prevention, control and abatement and related 
     environmental activities at the request of the Governor or 
     other appropriate State official or the tribe: Provided 
     further, That from funds appropriated under this heading, the 
     Administrator may make grants to federally recognized Indian 
     governments for the development of multimedia environmental 
     programs: Provided further, That of the $1,400,000,000 for 
     capitalization grants for State revolving funds to support 
     water infrastructure financing, $275,000,000 shall be for 
     drinking water State revolving funds, but if no drinking 
     water State revolving fund legislation is enacted by June 1, 
     1996, these funds shall immediately be available for making 
     capitalization grants under title VI of the Federal Water 
     Pollution Control Act, as amended: Provided further, That of 
     the funds made available in Public Law 103-327 and in Public 
     Law 103-124 for capitalization grants for State revolving 
     funds to support water infrastructure financing, $225,000,000 
     shall be made available for capitalization grants for State 
     revolving funds under title VI of the Federal Water Pollution 
     Control Act, as amended, if no drinking water State revolving 
     fund legislation is enacted by June 1, 1996: Provided 
     further, That of the funds made available under this heading 
     for capitalization grants for State Revolving Funds under 
     title VI of the Federal Water Pollution Control Act, as 
     amended, $50,000,000 shall be for wastewater treatment in 
     impoverished communities pursuant to section 102(d) of H.R. 
     961 as approved by the United States House of Representatives 
     on May 16, 1995: Provided further, That of the funds 
     appropriated in the Construction Grants and Water 
     Infrastructure/State Revolving Funds accounts since the 
     appropriation for the fiscal year ending September 30, 1992, 
     and hereafter, for making grants for wastewater treatment 
     works construction projects, portions may be provided by the 
     recipients to States for managing construction grant 
     activities, on condition that the States agree to reimburse 
     the recipients from State funding sources: Provided further, 
     That the funds made available in Public Law 103-327 for a 
     grant to the City of Mt. Arlington, New Jersey, in accordance 
     with House Report 103-715, shall be available for a grant to 
     that city for water and sewer improvements.


                       Administrative Provisions

       Sec. 301. None of the funds provided in this Act may be 
     used within the Environmental Protection Agency for any final 
     action by the Administrator or her delegate for signing and 
     publishing for promulgation of a rule concerning any new 
     standard for radon in drinking water.
       Sec. 302. None of the funds provided in this Act may be 
     used during fiscal year 1996 to sign, promulgate, implement 
     or enforce the requirement proposed as ``Regulation of Fuels 
     and Fuel Additives: Individual Foreign Refinery Baseline 
     Requirements for Reformulated Gasoline'' at volume 59 of the 
     Federal Register at pages 22800 through 22814.
       Sec. 303. None of the funds appropriated to the 
     Environmental Protection Agency for fiscal year 1996 may be 
     used to implement section 404(c) of the Federal Water 
     Pollution Control Act, as amended. No pending action by the 
     Environmental Protection Agency to implement section 404(c) 
     with respect to an individual permit shall remain in effect 
     after the date of enactment of this Act.
       Sec. 304. None of the funds appropriated under this Act may 
     be used to implement the requirements of section 186(b)(2), 
     section 187(b) or section 211(m) of the Clean Air Act (42 
     U.S.C. 7512(b)(2), 7512a(b), or 7545(m)) with respect to any 
     moderate nonattainment area in which the average daily winter 
     temperature is below 0 degrees Fahrenheit. The preceding 
     sentence shall not be interpreted to preclude assistance from 
     the Environmental Protection Agency to the State of Alaska to 
     make progress toward meeting the carbon monoxide standard in 
     such areas and to resolve remaining issues regarding the use 
     of oxygenated fuels in such areas.

                   Executive Office of the President


                office of science and technology policy

       For necessary expenses of the Office of Science and 
     Technology Policy, in carrying out the purposes of the 
     National Science and Technology Policy, Organization, and 
     Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of 
     passenger motor vehicles, services as authorized by 5 U.S.C. 
     3109, not to exceed $2,500 for official reception and 
     representation expenses, and rental of conference rooms in 
     the District of Columbia, $4,981,000: Provided, That the 
     Office of Science and Technology Policy shall reimburse other 
     agencies for not less than one-half of the personnel 
     compensation costs of individuals detailed to it.


  council on environmental quality and office of environmental quality

       For necessary expenses to continue functions assigned to 
     the Council on Environmental Quality and Office of 
     Environmental Quality pursuant to the National Environmental 
     Policy Act of 1969, the Environmental Improvement Act of 1970 
     and Reorganization Plan No. 1 of 1977, $1,500,000.

                  Federal Emergency Management Agency


                            disaster relief

       For necessary expenses in carrying out the functions of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.), $222,000,000, to remain 
     available until expended.


            disaster assistance direct loan program account

       For the cost of direct loans, $2,155,000, as authorized by 
     section 319 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided, 
     That such costs, including the cost of modifying such loans, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974, as amended: Provided further, That these 
     funds are available to subsidize gross obligations for the 
     principal amount of direct loans not to exceed $25,000,000.
       In addition, for administrative expenses to carry out the 
     direct loan program, $95,000.


                         salaries and expenses

       For necessary expenses, not otherwise provided for, 
     including hire and purchase of motor vehicles (31 U.S.C. 
     1343); uniforms, or allowances therefor, as authorized by 5 
     U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109, 
     but at rates for individuals not to exceed the per diem rate 
     equivalent to the rate for GS-18; expenses of attendance of 
     cooperating officials and individuals at meetings concerned 
     with the work of emergency preparedness; transportation in 
     connection with the continuity of Government programs to the 
     same extent and in the same manner as permitted the Secretary 
     of a Military Department under 10 U.S.C. 2632; and not to 
     exceed $2,500 for official reception and representation 
     expenses; $168,900,000.


                    office of the inspector general

       For necessary expenses of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $4,673,000.


              emergency management planning and assistance

       For necessary expenses, not otherwise provided for, to 
     carry out activities under the National Flood Insurance Act 
     of 1968, as

[[Page H1935]]

     amended, and the Flood Disaster Protection Act of 1973, as 
     amended (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.), the Earthquake Hazards Reduction Act of 1977, as 
     amended (42 U.S.C. 7701 et seq.), the Federal Fire Prevention 
     and Control Act of 1974, as amended (15 U.S.C. 2201 et seq.), 
     the Defense Production Act of 1950, as amended (50 U.S.C. 
     App. 2061 et seq.), sections 107 and 303 of the National 
     Security Act of 1947, as amended (50 U.S.C. 404-405), and 
     Reorganization Plan No. 3 of 1978, $203,044,000.


                   emergency food and shelter program

       There is hereby appropriated $100,000,000 to the Federal 
     Emergency Management Agency to carry out an emergency food 
     and shelter program pursuant to title III of Public Law 100-
     77, as amended: Provided, That total administrative costs 
     shall not exceed three and one-half per centum of the total 
     appropriation.


                     national flood insurance fund

       For activities under the National Flood Insurance Act of 
     1968, the Flood Disaster Protection Act of 1973, and the 
     National Flood Insurance Reform Act of 1994, not to exceed 
     $20,562,000 for salaries and expenses associated with flood 
     mitigation and flood insurance operations, and not to exceed 
     $70,464,000 for flood mitigation, including up to $12,000,000 
     for expenses under section 1366 of the National Flood 
     Insurance Act of 1968, as amended, which amount shall be 
     available until September 30, 1997. In fiscal year 1996, no 
     funds in excess of (1) $47,000,000 for operating expenses, 
     (2) $292,526,000 for agents' commissions and taxes, and (3) 
     $3,500,000 for interest on Treasury borrowings shall be 
     available from the National Flood Insurance Fund without 
     prior notice to the Committees on Appropriations.


                        administrative provision

       The Director of the Federal Emergency Management Agency 
     shall promulgate through rulemaking a methodology for 
     assessment and collection of fees to be assessed and 
     collected beginning in fiscal year 1996 applicable to persons 
     subject to the Federal Emergency Management Agency's 
     radiological emergency preparedness regulations. The 
     aggregate charges assessed pursuant to this section during 
     fiscal year 1996 shall approximate, but not be less than, 100 
     per centum of the amounts anticipated by the Federal 
     Emergency Management Agency to be obligated for its 
     radiological emergency preparedness program for such fiscal 
     year. The methodology for assessment and collection of fees 
     shall be fair and equitable, and shall reflect the full 
     amount of costs of providing radiological emergency planning, 
     preparedness, response and associated services. Such fees 
     will be assessed in a manner that reflects the use of agency 
     resources for classes of regulated persons and the 
     administrative costs of collecting such fees. Fees received 
     pursuant to this section shall be deposited in the general 
     fund of the Treasury as offsetting receipts. Assessment and 
     collection of such fees are only authorized during fiscal 
     year 1996.

                    General Services Administration


                      Consumer Information Center

       For necessary expenses of the Consumer Information Center, 
     including services authorized by 5 U.S.C. 3109, $2,061,000, 
     to be deposited into the Consumer Information Center Fund: 
     Provided, That the appropriations, revenues and collections 
     deposited into the fund shall be available for necessary 
     expenses of Consumer Information Center activities in the 
     aggregate amount of $7,500,000. Administrative expenses of 
     the Consumer Information Center in fiscal year 1996 shall not 
     exceed $2,602,000. Appropriations, revenues, and collections 
     accruing to this fund during fiscal year 1996 in excess of 
     $7,500,000 shall remain in the fund and shall not be 
     available for expenditure except as authorized in 
     appropriations Acts.

             National Aeronautics and Space Administration


                           human space flight

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of human space flight research and 
     development activities, including research; development; 
     operations; services; maintenance; construction of facilities 
     including repair, rehabilitation, and modification of real 
     and personal property, and acquisition or condemnation of 
     real property, as authorized by law; space flight, spacecraft 
     control and communications activities including operations, 
     production, and services; and purchase, lease, charter, 
     maintenance, and operation of mission and administrative 
     aircraft; $5,456,600,000, to remain available until September 
     30, 1997.


                  science, aeronautics and technology

       For necessary expenses, not otherwise provided for, for the 
     conduct and support of science, aeronautics, and technology 
     research and development activities, including research; 
     development; operations; services; maintenance; construction 
     of facilities including repair, rehabilitation and 
     modification of real and personal property, and acquisition 
     or condemnation of real property, as authorized by law; space 
     flight, spacecraft control and communications activities 
     including operations, production, and services; and purchase, 
     lease, charter, maintenance, and operation of mission and 
     administrative aircraft; $5,845,900,000, to remain available 
     until September 30, 1997.


                            mission support

       For necessary expenses, not otherwise provided for, in 
     carrying out mission support for human space flight programs 
     and science, aeronautical, and technology programs, including 
     research operations and support; space communications 
     activities including operations, production, and services; 
     maintenance; construction of facilities including repair, 
     rehabilitation, and modification of facilities, minor 
     construction of new facilities and additions to existing 
     facilities, facility planning and design, environmental 
     compliance and restoration, and acquisition or condemnation 
     of real property, as authorized by law; program management; 
     personnel and related costs, including uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902); travel 
     expenses; purchase, lease, charter, maintenance, and 
     operation of mission and administrative aircraft; not to 
     exceed $35,000 for official reception and representation 
     expenses; and purchase (not to exceed thirty-three for 
     replacement only) and hire of passenger motor vehicles; 
     $2,502,200,000, to remain available until September 30, 1997.


                      Office of Inspector General

       For necessary expenses of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $16,000,000.


                       Administrative Provisions

                     (including transfer of funds)

       Notwithstanding the limitation on the availability of funds 
     appropriated for ``Human space flight'', ``Science, 
     aeronautics and technology'', or ``Mission support'' by this 
     appropriations Act, when any activity has been initiated by 
     the incurrence of obligations for construction of facilities 
     as authorized by law, the amount available for such activity 
     shall remain available until expended. This provision does 
     not apply to the amounts appropriated in ``Mission support'' 
     pursuant to the authorization for repair, rehabilitation and 
     modification of facilities, minor construction of new 
     facilities and additions to existing facilities, and facility 
     planning and design.
       Notwithstanding the limitation on the availability of funds 
     appropriated for ``Human space flight'', ``Science, 
     aeronautics and technology'', or ``Mission support'' by this 
     appropriations Act, the amounts appropriated for construction 
     of facilities shall remain available until September 30, 
     1998.
       Notwithstanding the limitation on the availability of funds 
     appropriated for ``Mission support'' and ``Office of 
     Inspector General'', amounts made available by this Act for 
     personnel and related costs and travel expenses of the 
     National Aeronautics and Space Administration shall remain 
     available until September 30, 1996 and may be used to enter 
     into contracts for training, investigations, cost associated 
     with personnel relocation, and for other services, to be 
     provided during the next fiscal year.
       The unexpired balances of prior appropriations to NASA for 
     activities for which funds are provided under this Act may be 
     transferred to the new account established for the 
     appropriation that provides funds for such activity under 
     this Act. Balances so transferred may be merged with funds in 
     the newly established account and thereafter may be accounted 
     for as one fund to be available for the same purposes and 
     under the same terms and conditions.
       Upon the determination by the Administrator that such 
     action is necessary, the Administrator may, with the approval 
     of the Office of Management and Budget, transfer not to 
     exceed $50,000,000 of funds made available in this Act to the 
     National Aeronautics and Space Administration between such 
     appropriations or any subdivision thereof, to be merged with 
     and to be available for the same purposes, and for the same 
     time period, as the appropriation to which transferred: 
     Provided, That such authority to transfer may not be used 
     unless for higher priority items, based on unforeseen 
     requirements, than those for which originally appropriated: 
     Provided further, That the Administrator of the National 
     Aeronautics and Space Administration shall notify the 
     Congress promptly of all transfers made pursuant to this 
     authority.

                  National Credit Union Administration


                       Central Liquidity Facility

       During fiscal year 1996, gross obligations of the Central 
     Liquidity Facility for the principal amount of new direct 
     loans to member credit unions as authorized by the National 
     Credit Union Central Liquidity Facility Act (12 U.S.C. 1795) 
     shall not exceed $600,000,000: Provided, That administrative 
     expenses of the Central Liquidity Facility in fiscal year 
     1996 shall not exceed $560,000.

                      National Science Foundation


                    research and related activities

       For necessary expenses in carrying out the purposes of the 
     National Science Foundation Act of 1950, as amended (42 
     U.S.C. 1861-1875), and the Act to establish a National Medal 
     of Science (42 U.S.C. 1880-1881); services as authorized by 5 
     U.S.C. 3109; maintenance and operation of aircraft and 
     purchase of flight services for research support; acquisition 
     of aircraft; $2,274,000,000, of which not to exceed 
     $235,000,000 shall remain available until expended for Polar 
     research and operations support, and for reimbursement to 
     other Federal agencies for operational and science support 
     and logistical and other related activities for the United 
     States Antarctic program; the balance to remain available 
     until

[[Page H1936]]

     September 30, 1997: Provided, That receipts for scientific 
     support services and materials furnished by the National 
     Research Centers and other National Science Foundation 
     supported research facilities may be credited to this 
     appropriation: Provided further, That to the extent that the 
     amount appropriated is less than the total amount authorized 
     to be appropriated for included program activities, all 
     amounts, including floors and ceilings, specified in the 
     authorizing Act for those program activities or their 
     subactivities shall be reduced proportionally.


                        major research equipment

       For necessary expenses in carrying out major construction 
     projects, and related expenses, pursuant to the purposes of 
     the National Science Foundation Act of 1950, as amended (42 
     U.S.C. 1861-1875), $70,000,000, to remain available until 
     expended.


                    Academic Research Infrastructure

       For necessary expenses in carrying out an academic research 
     infrastructure program pursuant to the purposes of the 
     National Science Foundation Act of 1950, as amended (42 
     U.S.C. 1861-1875), including services as authorized by 5 
     U.S.C. 3109 and rental of conference rooms in the District of 
     Columbia, $100,000,000, to remain available until September 
     30, 1997.


                     education and human resources

       For necessary expenses in carrying out science and 
     engineering education and human resources programs and 
     activities pursuant to the purposes of the National Science 
     Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), 
     including services as authorized by 5 U.S.C. 3109 and rental 
     of conference rooms in the District of Columbia, 
     $599,000,000, to remain available until September 30, 1997: 
     Provided, That to the extent that the amount of this 
     appropriation is less than the total amount authorized to be 
     appropriated for included program activities, all amounts, 
     including floors and ceilings, specified in the authorizing 
     Act for those program activities or their subactivities shall 
     be reduced proportionally.


                         salaries and expenses

       For necessary salaries and expenses in carrying out the 
     purposes of the National Science Foundation Act of 1950, as 
     amended (42 U.S.C. 1861-1875); services authorized by 5 
     U.S.C. 3109; hire of passenger motor vehicles; not to exceed 
     $9,000 for official reception and representation expenses; 
     uniforms or allowances therefor, as authorized by law (5 
     U.S.C. 5901-5902); rental of conference rooms in the District 
     of Columbia; reimbursement of the General Services 
     Administration for security guard services; $127,310,000: 
     Provided, That contracts may be entered into under salaries 
     and expenses in fiscal year 1996 for maintenance and 
     operation of facilities, and for other services, to be 
     provided during the next fiscal year.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $4,490,000, to remain available until 
     September 30, 1997.


          national science foundation headquarters relocation

       For necessary support of the relocation of the National 
     Science Foundation, $5,200,000: Provided, That these funds 
     shall be used to reimburse the General Services 
     Administration for services and related acquisitions in 
     support of relocating the National Science Foundation.

                 Neighborhood Reinvestment Corporation


          payment to the neighborhood reinvestment corporation

       For payment to the Neighborhood Reinvestment Corporation 
     for use in neighborhood reinvestment activities, as 
     authorized by the Neighborhood Reinvestment Corporation Act 
     (42 U.S.C. 8101-8107), $38,667,000.

                        Selective Service System


                         salaries and expenses

       For necessary expenses of the Selective Service System, 
     including expenses of attendance at meetings and of training 
     for uniformed personnel assigned to the Selective Service 
     System, as authorized by law (5 U.S.C. 4101-4118) for 
     civilian employees; and not to exceed $1,000 for official 
     reception and representation expenses; $22,930,000: Provided, 
     That during the current fiscal year, the President may exempt 
     this appropriation from the provisions of 31 U.S.C. 1341, 
     whenever he deems such action to be necessary in the interest 
     of national defense: Provided further, That none of the funds 
     appropriated by the Act may be expended for or in connection 
     with the induction of any person into the Armed Forces of the 
     United States.

                                TITLE IV

                              CORPORATIONS

       Corporations and agencies of the Department of Housing and 
     Urban Development which are subject to the Government 
     Corporation Control Act, as amended, are hereby authorized to 
     make such expenditures, within the limits of funds and 
     borrowing authority available to each such corporation or 
     agency and in accord with law, and to make such contracts and 
     commitments without regard to fiscal year limitations as 
     provided by section 104 of the Act as may be necessary in 
     carrying out the programs set forth in the budget for 1996 
     for such corporation or agency except as hereinafter 
     provided: Provided, That collections of these corporations 
     and agencies may be used for new loan or mortgage purchase 
     commitments only to the extent expressly provided for in this 
     Act (unless such loans are in support of other forms of 
     assistance provided for in this or prior appropriations 
     Acts), except that this proviso shall not apply to the 
     mortgage insurance or guaranty operations of these 
     corporations, or where loans or mortgage purchases are 
     necessary to protect the financial interest of the United 
     States Government.

                      Resolution Trust Corporation


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $11,400,000.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501. Where appropriations in titles I, II, and III of 
     this Act are expendable for travel expenses and no specific 
     limitation has been placed thereon, the expenditures for such 
     travel expenses may not exceed the amounts set forth therefor 
     in the budget estimates submitted for the appropriations: 
     Provided, That this section shall not apply to travel 
     performed by uncompensated officials of local boards and 
     appeal boards of the Selective Service System; to travel 
     performed directly in connection with care and treatment of 
     medical beneficiaries of the Department of Veterans Affairs; 
     to travel performed in connection with major disasters or 
     emergencies declared or determined by the President under the 
     provisions of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act; to travel performed by the Offices 
     of Inspector General in connection with audits and 
     investigations; or to payments to interagency motor pools 
     where separately set forth in the budget schedules: Provided 
     further, That if appropriations in titles I, II, and III 
     exceed the amounts set forth in budget estimates initially 
     submitted for such appropriations, the expenditures for 
     travel may correspondingly exceed the amounts therefor set 
     forth in the estimates in the same proportion.
       Sec. 502. Appropriations and funds available for the 
     administrative expenses of the Department of Housing and 
     Urban Development and the Selective Service System shall be 
     available in the current fiscal year for purchase of 
     uniforms, or allowances therefor, as authorized by law (5 
     U.S.C. 5901-5902); hire of passenger motor vehicles; and 
     services as authorized by 5 U.S.C. 3109.
       Sec. 503. Funds of the Department of Housing and Urban 
     Development subject to the Government Corporation Control Act 
     or section 402 of the Housing Act of 1950 shall be available, 
     without regard to the limitations on administrative expenses, 
     for legal services on a contract or fee basis, and for 
     utilizing and making payment for services and facilities of 
     Federal National Mortgage Association, Government National 
     Mortgage Association, Federal Home Loan Mortgage Corporation, 
     Federal Financing Bank, Resolution Trust Corporation, Federal 
     Reserve banks or any member thereof, Federal Home Loan banks, 
     and any insured bank within the meaning of the Federal 
     Deposit Insurance Corporation Act, as amended (12 U.S.C. 
     1811-1831).
       Sec. 504. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 505. No funds appropriated by this Act may be 
     expended--
       (1) pursuant to a certification of an officer or employee 
     of the United States unless--
       (A) such certification is accompanied by, or is part of, a 
     voucher or abstract which describes the payee or payees and 
     the items or services for which such expenditure is being 
     made, or
       (B) the expenditure of funds pursuant to such 
     certification, and without such a voucher or abstract, is 
     specifically authorized by law; and
       (2) unless such expenditure is subject to audit by the 
     General Accounting Office or is specifically exempt by law 
     from such audit.
       Sec. 506. None of the funds provided in this Act to any 
     department or agency may be expended for the transportation 
     of any officer or employee of such department or agency 
     between his domicile and his place of employment, with the 
     exception of any officer or employee authorized such 
     transportation under title 31, United States Code, section 
     1344.
       Sec. 507. None of the funds provided in this Act may be 
     used for payment, through grants or contracts, to recipients 
     that do not share in the cost of conducting research 
     resulting from proposals not specifically solicited by the 
     Government: Provided, That the extent of cost sharing by the 
     recipient shall reflect the mutuality of interest of the 
     grantee or contractor and the Government in the research.
       Sec. 508. None of the funds provided in this Act may be 
     used, directly or through grants, to pay or to provide 
     reimbursement for payment of the salary of a consultant 
     (whether retained by the Federal Government or a grantee) at 
     more than the daily equivalent of the rate paid for Level IV 
     of the Executive Schedule, unless specifically authorized by 
     law.
       Sec. 509. None of the funds in this Act shall be used to 
     pay the expenses of, or otherwise compensate, non-Federal 
     parties intervening in regulatory or adjudicatory 
     proceedings. Nothing herein affects the authority of the 
     Consumer Product Safety Commission pursuant to section 7 of 
     the Consumer Product Safety Act (15 U.S.C. 2056 et seq.).
       Sec. 510. Except as otherwise provided under existing law 
     or under an existing Executive order issued pursuant to an 
     existing

[[Page H1937]]

     law, the obligation or expenditure of any appropriation under 
     this Act for contracts for any consulting service shall be 
     limited to contracts which are (1) a matter of public record 
     and available for public inspection, and (2) thereafter 
     included in a publicly available list of all contracts 
     entered into within twenty-four months prior to the date on 
     which the list is made available to the public and of all 
     contracts on which performance has not been completed by such 
     date. The list required by the preceding sentence shall be 
     updated quarterly and shall include a narrative description 
     of the work to be performed under each such contract.
       Sec. 511. Except as otherwise provided by law, no part of 
     any appropriation contained in this Act shall be obligated or 
     expended by any executive agency, as referred to in the 
     Office of Federal Procurement Policy Act (41 U.S.C. 401 et 
     seq.) for a contract for services unless such executive 
     agency (1) has awarded and entered into such contract in full 
     compliance with such Act and the regulations promulgated 
     thereunder, and (2) requires any report prepared pursuant to 
     such contract, including plans, evaluations, studies, 
     analyses and manuals, and any report prepared by the agency 
     which is substantially derived from or substantially includes 
     any report prepared pursuant to such contract, to contain 
     information concerning (A) the contract pursuant to which the 
     report was prepared, and (B) the contractor who prepared the 
     report pursuant to such contract.
       Sec. 512. Except as otherwise provided in section 506, none 
     of the funds provided in this Act to any department or agency 
     shall be obligated or expended to provide a personal cook, 
     chauffeur, or other personal servants to any officer or 
     employee of such department or agency.
       Sec. 513. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     procure passenger automobiles as defined in 15 U.S.C. 2001 
     with an EPA estimated miles per gallon average of less than 
     22 miles per gallon.
       Sec. 514. Such sums as may be necessary for fiscal year 
     1996 pay raises for programs funded by this Act shall be 
     absorbed within the levels appropriated in this Act.
       Sec. 515. None of the funds appropriated in title I of this 
     Act shall be used to enter into any new lease of real 
     property if the estimated annual rental is more than $300,000 
     unless the Secretary submits, in writing, a report to the 
     Committees on Appropriations of the Congress and a period of 
     30 days has expired following the date on which the report is 
     received by the Committees on Appropriations.
       Sec. 516. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.
       Sec. 517. None of the funds appropriated in this Act may be 
     used to implement any cap on reimbursements to grantees for 
     indirect costs, except as published in Office of Management 
     and Budget Circular A-21.
       Sec. 518. None of the funds made available in this Act may 
     be used for any program, project, or activity, when it is 
     made known to the Federal entity or official to which the 
     funds are made available that the program, project, or 
     activity is not in compliance with any Federal law relating 
     to risk assessment, the protection of private property 
     rights, or unfunded mandates.
       Sec. 519. In fiscal year 1996, the Director of the Federal 
     Emergency Management Agency shall sell the disaster housing 
     inventory of mobile homes and trailers, and the proceeds 
     thereof shall be deposited in the Treasury.
       Sec. 520. Such funds as may be necessary to carry out the 
     orderly termination of the Office of Consumer Affairs shall 
     be made available from funds appropriated to the Department 
     of Health and Human Services for fiscal year 1996.
       This Act may be cited as the ``Departments of Veterans 
     Affairs and Housing and Urban Development, and Independent 
     Agencies Appropriations Act, 1996''.
       Sec. 102. Unless otherwise provided for in this title of 
     this Act or in the applicable appropriations Act, 
     appropriations and funds made available and authority granted 
     pursuant to this title of this Act shall be available until 
     (a) the enactment into law of an appropriation for any 
     project or activity provided for in this title of this Act, 
     or (b) the enactment into law of the applicable 
     appropriations Act by both Houses without any provision for 
     such project or activity, or (c) September 30, 1996, 
     whichever first occurs.
       Sec. 103. Appropriations made and authority granted 
     pursuant to this title of this Act shall cover all 
     obligations or expenditures incurred for any program, 
     project, or activity during the period for which funds or 
     authority for such project or activity are available under 
     this title of this Act.
       Sec. 104. Expenditures made pursuant to this title of this 
     Act shall be charged to the applicable appropriation, fund, 
     or authorization whenever a bill in which such applicable 
     appropriation, fund, or authorization is contained is enacted 
     into law.
       Sec. 105. Upon enactment of this Act, the following 
     provisions of Public Law 104-99, Public Law 104-92, and 
     Public Law 104-91 that would continue to have effect after 
     March 15, 1996, are superseded: section 101 of Public Law 
     104-92; section 101(a) of Public Law 104-91, as amended, 
     except the paragraphs dealing with funding of National 
     Institutes of Health activities and Centers for Disease 
     Control and Prevention activities, and except for the general 
     provisions enacted in the amendment to Public Law 104-91 
     included in Public Law 104-99; and sections 123, 124, and 201 
     of Public Law 104-99.
       Sec. 106. Section 119 of Public Law 104-99 is hereby 
     repealed.
       Sec. 107. Title I of Public Law 104-52 is hereby amended by 
     deleting ``, not to exceed $1,406,000,'' under the heading 
     ``customs services at small airports''.
       Sec. 108. Title I of Public Law 104-52 is hereby amended by 
     adding the following new section under the heading 
     ``administrative provisions--internal revenue service'':
       ``Sec. 3. The funds provided in this Act shall be used to 
     provide a level of service, staffing, and funding for 
     Taxpayer Services Division operations which is not less than 
     that provided in fiscal year 1995.''.
       Sec. 109. Title III of Public Law 104-52 is hereby amended 
     by adding the following proviso before the last period under 
     the heading ``office of national drug control policy, 
     salaries and expenses'': ``: Provided, That of the amounts 
     available to the Counter-Drug Technology Assessment Center, 
     no less than $1,000,000 shall be dedicated to conferences on 
     model state drug laws''.
       Sec. 110. Subsection (b) of section 347 of Public Law 104-
     50 is hereby amended by inserting after ``(4) section 7204, 
     relating to antidiscrimination;'' the following: ``(5) 
     chapter 71, relating to labor-management relations;'' and by 
     renumbering items (5), (6), and (7) as items (6), (7), and 
     (8) respectively.

     SEC. 111. EXPORTATION OF DRUGS AND DEVICES.

       (a) Reference.--Whenever in this section (other than 
     subsection (f)) an amendment or repeal is expressed in terms 
     of an amendment to, or repeal of, a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of the Federal Food, Drug, and 
     Cosmetic Act.
       (b) Section 801(d).--Section 801(d) (21 U.S.C. 381(d)) is 
     amended by adding at the end the following:
       ``(3) No component, part, or accessory of a drug (including 
     a biological product or a drug in bulk form), device, food, 
     or food additive shall be excluded from importation into the 
     United States under subsection (a), if such component, part, 
     or accessory will be incorporated into the drug, device, 
     food, or food additive that will be exported from the United 
     States in accordance with subsection (e)(1) or section 802 or 
     section 351(h) of the Public Health Service Act. A person 
     shall maintain a record of the import and export of such 
     drug, device, food, or food additive.''.
       (c) Section 801(e)(1).--Section 801(e)(1) (21 U.S.C. 
     381(e)(1)) is amended--
       (1) by amending the matter preceding subparagraph (A) to 
     read as follows:
       ``(e)(1) A food, drug (including a biological product), 
     device, or cosmetic intended for export shall not be deemed 
     to be adulterated or misbranded, to be in violation of 
     section 404, 505, or 512, or to be an unlicensed biological 
     product under section 351 of the Public Health Service Act 
     if--''; and
       (2) by striking the second sentence.
       (d) Section 801(e)(2).--Section 801(e)(2) (21 U.S.C. 
     381(e)(2)) is amended to read as follows:
       ``(2) Any person who exports a drug or device under this 
     subsection or section 802 may request that the Secretary 
     certify in writing that the export is legal upon a showing 
     that the requirements for the export of such drug or device 
     have been satisfied. The Secretary shall issue such a written 
     export certification within 10 days of the receipt of a 
     request for such certification. A fee for such certification 
     may be charged but shall not exceed $100 for each. The fees 
     shall be retained by the agency to be used to cover expenses.
       (e) Section 802.--Section 802 (21 U.S.C. 382) is amended to 
     read as follows:
       ``Sec. 802. (a) A drug (including a biological product) 
     intended for human or animal use or a device intended for 
     human use--
       ``(1) which, in the case of a drug--
       ``(A)(i) requires approval by the Secretary under section 
     505 or section 512 before it may be introduced or delivered 
     for introduction into interstate commerce; or
       ``(ii) requires licensing by the Secretary under section 
     351 of the Public Health Service Act or by the Secretary of 
     Agriculture under the Act of March 4, 1913 (known as the 
     Virus-Serum Toxin Act) before it may be introduced or 
     delivered for introduction into interstate commerce; and
       ``(B) does not have such approval or license, which is not 
     exempt from such sections or Act, and which is introduced or 
     delivered for introduction into interstate commerce, or
       ``(2) which, in the case of a device--
       ``(A) does not comply with an applicable requirement under 
     section 514 or 515,
       ``(B) is exempt from section 514 or 515 under section 
     520(g), or
       ``(C) is a banned device under section 516,
     may only be exported under subsection (b) or (c).
       ``(b) Except as otherwise provided in this section, a drug 
     (including a biological product) or device, referred to in 
     subsection (a), may be exported to any country, if the drug 
     or device complies with the laws in any of the following--
       ``(1) Australia, Canada, Israel, Japan. New Zealand, 
     Switzerland, or South Africa; or
       ``(2) a country in the European Union or a country in the 
     European Economic Area (the

[[Page H1938]]

     countries in the European Union and the European Free Trade 
     Association and where such drug, device, food or food 
     additive is exported for the purpose of marketing, the 
     drug, device, food or food additive has valid marketing 
     authorization by the appropriate approval authority from 
     the country in which it shall be marketed.
       ``(c)(1) A person who intends to export an unapproved drug 
     (including a biological product) or device not eligible for 
     export under subsection (b) shall submit to the Secretary a 
     notification of intent to export which shall--
       ``(A) identify the drug or device to be exported and the 
     intended use of the product in the county to which it is to 
     be exported; and
       ``(B) contain a certification by such person that such 
     person will export the drug or device only to a country where 
     the drug or device is permitted for general use, 
     investigational research, or non-clinical experimental 
     research.
       ``(2) Within 45 days of the receipt under paragraph (1) of 
     a notification of an intent to export, the Secretary shall 
     issue to the person who submitted such notice an order 
     denying the request for export if--
       ``(A) the notification does not meet the requirements of 
     paragraph (1); or
       ``(B) the proposed intended use of the exported drug or 
     device poses an imminent hazard to the health of individuals, 
     taking into account the risks of not using the product in 
     diagnosis or treatment, and the finding of such hazard is 
     based upon credible scientific evidence.

     If the Secretary does not respond to such a notice within 45 
     days of its receipt, the person who submitted such notice may 
     proceed with the export of the drug or device covered by such 
     notice.
       ``(3) if the Secretary denies a request for export of a 
     drug or device under paragraph (2), the Secretary shall 
     immediately prohibit the export of the drug or device and 
     afford such person an opportunity for an informal hearing on 
     the denial. If the denial is based upon a finding of imminent 
     hazard, such informal hearing shall be before the 
     Commissioner and the Secretary may not delegate the authority 
     of the Commissioner.
       ``(d) A drug or device intended for formulation, filling, 
     packaging, labeling, or other processing in anticipation of 
     market authorization in any country described in subsection 
     (b) may be exported in accordance with the laws of that 
     country.''.
       (f) Partially Processed Biological Products.--Subsection 
     (h) of section 351 of the Public Health Service Act (42 
     U.S.C. 262) is amended to read as follows:
       ``(h) A partially-processed biological product which--
       ``(1) is not in a form applicable to the prevention, 
     treatment, or cure of diseases or injuries of man;
       ``(2) is not intended for sale in the United States; and
       ``(3) is intended for further manufacture into final dosage 
     form outside the United States,

     shall be subject to no restriction on the export of the 
     product under this Act or the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321 et seq.) if the product meets the 
     requirements of section 801(e)(1) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 381(e)(1)).''.

                                TITLE II

                 EMERGENCY PEACEKEEPING APPROPRIATIONS

                               CHAPTER I

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    diplomatic and consular programs

       For an additional amount for ``Diplomatic and Consular 
     Programs'' to provide for administrative expenses related to 
     activities in Bosnia and Herzegovina, $2,000,000, 
     notwithstanding section 15 of the State Department Basic 
     Authorities Act of 1956: Provided, That the entire amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                            RELATED AGENCIES

                    United States Information Agency


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $1,000,000, to remain available until expended, to be used 
     for United States Information Agency activities in Bosnia and 
     Herzegovina, notwithstanding section 701 of the United States 
     Information and Educational Exchange Act of 1948: Provided, 
     That the entire amount is designated by Congress as an 
     emergency requirement pursuant to section 251(b)(2)(D)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

                               CHAPTER II

       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS

                  FUNDS APPROPRIATED TO THE PRESIDENT

                  AGENCY FOR INTERNATIONAL DEVELOPMENT

          Assistance for Eastern Europe and the Baltic States


                     (Including Transfers of Funds)

       For an additional amount for ``Assistance for Eastern 
     Europe and the Baltic States'' for Bosnia and Herzegovina, 
     including demining assistance, $197,000,000, to remain 
     available until December 31, 1996: Provided, That of the 
     funds appropriated under this heading by this Act that are 
     made available for the economic revitalization program in 
     Bosnia and Herzegovina, not less than 75 percent shall be 
     obligated and expended for programs, projects, and 
     activities, within the sector assigned to American forces of 
     the military Implementation Force (IFOR) established by the 
     North Atlantic Council pursuant to the General Framework 
     Agreement for Peace in Bosnia and Herzegovina: Provided 
     further, That none of the funds appropriated under this 
     heading by this Act shall be made available for the 
     construction of new housing or residences in Bosnia and 
     Herzegovina: Provided further, That not to exceed $5,000,000 
     of the funds appropriated under this heading in Public Law 
     104-107 may be transferred to ``Debt Restructuring'' to be 
     made available only for the cost, as defined in section 502 
     of the Congressional Budget Act of 1974, of modifying direct 
     loans and loan guarantees, notwithstanding any other 
     provision of law: Provided further, That $5,000,000 shall be 
     transferred to ``Foreign Military Financing Program'' for 
     demining activities for Bosnia and Herzegovina: Provided 
     further, That $2,000,000 of the funds appropriated under this 
     heading in Public Law 104-107 shall be transferred to 
     ``Operating Expenses of the Agency for International 
     Development'' for administrative expenses: Provided further, 
     That the additional amount appropriated herein is designated 
     by Congress as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That, 
     notwithstanding any other provision of law including any 
     provision of Public Law 104-107, funds appropriated under 
     this heading by this Act that are made available for economic 
     revitalization shall not be available for obligation and 
     expenditure unless the President determines and certifies to 
     the Congress that the Government of the Federation of Bosnia 
     and Herzegovina has substantially complied with article III 
     of Annex 1-A of the General Framework Agreement for Peace in 
     Bosnia and Herzegovina concerning the withdrawal of foreign 
     forces, including advisers, freedom fighters, trainers, 
     volunteers, and personnel from neighboring and other nations: 
     Provided further, That with regard to funds appropriated 
     under this heading by this Act (and local currencies 
     generated by such funds) that are made available for economic 
     revitalization, the Administrator of the Agency for 
     International Development shall provide written approval for 
     grants and loans prior to the obligation and expenditure of 
     funds for such purposes: Provided further, That with regard 
     to funds appropriated under this heading by this Act (and 
     local currencies generated by such funds) that are made 
     available for economic revitalization, the Administrator of 
     the Agency for International Development shall provide 
     written approval for the use of funds that have been returned 
     or repaid to any lending facility and grantee under the 
     economic revitalization program prior to the use of such 
     returned or repaid funds.

                          MILITARY ASSISTANCE

                   Foreign Military Financing Program

       For an additional amount for ``Foreign Military Financing 
     Program'' for grants for Jordan pursuant to section 23 of the 
     Arms Export Control Act, $70,000,000: Provided, That such 
     funds may be used for Jordan to finance transfers by lease of 
     defense articles under chapter 6 of such Act.

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States

                         Subsidy Appropriation


                              (Rescission)

       Of the unobligated balances available under this heading, 
     $41,000,000 are rescinded.

                              CHAPTER III

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

       For an additional amount for ``North Atlantic Treaty 
     Organization Security Investment Program'', $37,500,000 to 
     remain available until expended: Provided, That the Secretary 
     of Defense may make additional contributions for the North 
     Atlantic Treaty Organization as provided in section 2806 of 
     title 10, United States Code: Provided further, That such 
     amount is designated by Congress as an emergency requirement 
     pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER IV

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $262,200,000, Provided, That such amount is designated by 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $11,800,000: Provided, That

[[Page H1939]]

     such amount is designated by Congress as an emergency 
     requirement pursuant to section 251(b)(2)(D)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $2,700,000: Provided, That such amount is designated 
     by Congress as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $33,700,000: Provided, That such amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $235,200,000: Provided, That such amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $900,000: Provided, That such amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $130,200,000: Provided, That such amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $79,800,000: Provided, That such amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                              PROCUREMENT

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $26,000,000: Provided, That such amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                              RESCISSIONS

                              PROCUREMENT

                     Missile Procurement, Air Force


                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-335, $310,000,000 are rescinded.

                      Other Procurement, Air Force


                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-335, $265,000,000 are rescinded.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army


                              (rescission)

       Of the funds made available under this heading in Public 
     Law 104-61, $9,750,000 are rescinded: Provided, That this 
     reduction shall be applied proportionally to each budget 
     activity, activity group and subactivity group and each 
     program, project, and activity within this appropriation 
     account.

            Research, Development, Test and Evaluation, Navy


                              (rescission)

       Of the funds made available under this heading in Public 
     Law 104-61, $17,500,000 are rescinded: Provided, That this 
     reduction shall be applied proportionally to each budget 
     activity, activity group and subactivity group and each 
     program, project, and activity within this appropriation 
     account.

         Research, Development, Test and Evaluation, Air Force


                             (rescissions)

       Of the funds made available under this heading in Public 
     Law 103-335, $245,000,000 are rescinded.
       Of the funds made available under this heading in Public 
     Law 104-61, $22,450,000 are rescinded: Provided, That this 
     reduction shall be applied proportionally to each budget 
     activity, activity group and subactivity group and each 
     program, project, and activity within this appropriation 
     account.

        Research, Development, Test and Evaluation, Defense-Wide


                              (rescission)

       Of the funds made available under this heading in Public 
     Law 104-61, $20,300,000 are rescinded: Provided, That this 
     reduction shall be applied proportionally to each budget 
     activity, activity group and subactivity group and each 
     program, project, and activity within this appropriation 
     account: Provided further, That no reduction may be taken 
     against the funds made available to the Department of Defense 
     for Ballistic Missile Defense.

                    GENERAL PROVISIONS--THIS CHAPTER


                          (transfer of funds)

       Sec. 2001. Section 8005 of the Department of Defense 
     Appropriations Act, 1996 (Public Law 104-61), is amended by 
     striking out ``$2,400,000,000'' and inserting in lieu thereof 
     ``$3,400,000,000''.

                               CHAPTER V

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 2002. No part of any appropriation contained in this 
     title shall remain available for obligation beyond the 
     current fiscal years unless expressly so provided herein.

                               TITLE III

                 EMERGENCY SUPPLEMENTAL APPROPRIATIONS

                               CHAPTER I

                       DEPARTMENT OF AGRICULTURE

                 Natural Resources Conservation Service


               Watershed and Flood Prevention Operations

       For an additional amount for ``Watershed and flood 
     prevention operations'' to repair damage to waterways and 
     watersheds resulting from flooding in the Pacific Northwest, 
     Northeast blizzards and floods, and other natural disasters, 
     $73,200,000, to remain available until expended: Provided, 
     That the entire amount is designated by Congress as an 
     emergency requirement pursuant to section 251(b)(2)(D)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

                    Consolidated Farm Service Agency


                     emergency conservation program

       For an additional amount for ``Emergency conservation 
     program'' for expenses resulting from flooding in the Pacific 
     Northwest, Northeast blizzards and floods, and other natural 
     disasters, $24,800,000, to remain available until expended: 
     Provided, That the entire amount is designated by Congress as 
     an emergency requirement pursuant to section 251(b)(2)(D)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

              Emergency Livestock Feed Assistance Program

       Notwithstanding any other provision of law, for expenses 
     resulting from flooding in the Pacific Northwest and other 
     natural disasters, not to exceed $10,000,000 of Commodity 
     Credit Corporation funds shall be available until expended 
     for implementation of cost sharing under provisions 
     consistent with the Emergency Livestock Feed Assistance 
     Program: Provided, That the entire amount is designated by 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

            Rural Housing and Community Development Service


              rural housing insurance fund program account

       For an additional amount for ``Rural housing insurance fund 
     program account'' for the additional cost of direct loans, 
     including the cost of modifying loans as defined in section 
     502 of the Congressional Budget Act of 1974, for emergency 
     expenses resulting from flooding in the Pacific Northwest, 
     Northeast blizzards and floods, Hurricane Marilyn, and other 
     natural disasters, to be available from funds in the rural 
     housing insurance fund as follows: $6,500,000 for section 502 
     direct loans and section 504 housing repair loans, to remain 
     available until expended: Provided, That the entire amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.


                 very low-income housing repair grants

       For an additional amount for ``Very low-income housing 
     repair grants'' under section 504 of the Housing Act of 1949, 
     as amended, for emergency expenses resulting from flooding in 
     the Pacific Northwest, Northeast blizzards and floods, 
     Hurricane Marilyn, and other natural disasters, $1,100,000, 
     to remain available until expended: Provided, That the entire 
     amount is designated by Congress as an emergency requirement 
     pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended.

                        Rural Utilities Service


              emergency community water assistance program

       For an additional amount for ``Emergency community water 
     assistance program'' for emergency expenses resulting from 
     flooding in the Pacific Northwest, Northeast blizzards and 
     floods, and other natural disasters, $5,000,000, to remain 
     available until expended, for the cost of emergency community 
     water assistance grants, as authorized by 7 U.S.C. 1926b: 
     Provided, That the entire amount is designated by Congress as 
     an emergency requirement pursuant to section 251(b)(2)(D)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.


                   rural utilities assistance program

       For an additional amount for ``Rural utilities assistance 
     program'' for the additional cost of direct loans and grants, 
     including the cost of modifying loans as defined in section 
     502 of the Congressional Budget Act of 1974, for emergency 
     expenses resulting from flooding in the Pacific Northwest, 
     Northeast blizzards and floods, and other natural disasters,

[[Page H1940]]

     $6,000,000, to remain available until expended: Provided, 
     That the entire amount is designated by Congress as an 
     emergency requirement pursuant to section 251(b)(2)(D)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

                               CHAPTER II

                     Small Business Administration


                     disaster loans program account

       For an additional amount for ``Disaster Loans Program 
     Account'' for the cost of direct loans authorized by section 
     7(b) of the Small Business Act, as amended, $72,300,000, to 
     remain available until expended: Provided, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974: Provided further, That the entire amount is designated 
     by Congress as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.
       For an additional amount for administrative expenses 
     directly related to carrying out the disaster loan program, 
     $27,700,000, to remain available until expended: Provided, 
     That these funds shall be available only upon notification to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate in accordance with standard 
     reprogramming procedures: Provided further, That the entire 
     amount is designated by Congress as an emergency requirement 
     pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended.

                              CHAPTER III

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                   operation and maintenance, general

       For an additional amount for ``Operation and Maintenance, 
     General'', for the Northeast and Northwest floods of 1996, 
     $30,000,000, to remain available until expended: Provided, 
     That the entire amount is designated by Congress as an 
     emergency requirement pursuant to section 251(b)(2)(D)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.


                 flood control and coastal emergencies

       For an additional amount for ``Flood Control and Coastal 
     Emergencies'', for the Northeast and Northwest floods of 1996 
     and other disasters, and to replenish funds transferred 
     pursuant to Public Law 84-99, $135,000,000, to remain 
     available until expended: Provided, That the entire amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(D)(2)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                          construction program

       For an additional amount for ``Construction Program'', 
     $9,000,000, to remain available until expended: Provided, 
     That the entire amount is designated by Congress as an 
     emergency requirement pursuant to section 251(b)(D)(2)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

                          DEPARTMENT OF ENERGY

                    POWER MARKETING ADMINISTRATIONS

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration


                          (transfer of funds)

       $5,500,000 of funds appropriated under this heading in the 
     Energy and Water Development Appropriations Act, 1995 (Public 
     Law 103-316), shall be transferred to the appropriation 
     account ``Operation and Maintenance, Alaska Power 
     Administration'', to remain available until expended, only 
     for necessary termination expenses.

                               CHAPTER IV

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                        construction and access

       For an additional amount for ``Construction and Access'', 
     $4,242,000, to remain available until expended, to repair 
     roads, culverts, bridges, facilities, fish and wildlife 
     protective structures, and recreation sites damaged by the 
     Pacific Northwest floods and other natural disasters: 
     Provided, That Congress hereby designates this amount as an 
     emergency requirement pursuant to section 251(b)(2)(D)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.


                   oregon and california grant lands

       For an additional amount for ``Oregon and California Grant 
     Lands'', $19,548,000, to remain available until expended, to 
     repair roads, culverts, bridges, facilities, fish and 
     wildlife protective structures, and recreation sites damaged 
     by the Pacific Northwest floods and other natural disasters: 
     Provided, That Congress hereby designates this amount as an 
     emergency requirement pursuant to section 251(b)(2)(D)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

                United States Fish and Wildlife Service


                              construction

       For an additional amount for ``Construction'', $20,505,000, 
     to remain available until expended, to make repairs 
     necessitated by hurricanes, floods and other natural 
     disasters: Provided, That Congress hereby designates this 
     amount as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                         National Park Service


                              construction

       For an additional amount for ``Construction'', $33,601,000, 
     to remain available until expended, to make repairs 
     necessitated by hurricanes, floods and other natural 
     disasters: Provided, That Congress hereby designates this 
     amount as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                    United States Geological Survey


                 surveys, investigations, and research

       For an additional amount for ``Surveys, Investigations, and 
     Research'', $1,176,000, to remain available until September 
     30, 1997, for expenses necessitated by hurricanes, floods and 
     other natural disasters: Provided, That Congress hereby 
     designates this amount as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                        Bureau of Indian Affairs


                      operation of indian programs

       For an additional amount for ``Operation of Indian 
     Programs'', $500,000, to remain available until September 30, 
     1997, for emergency operations and repairs necessitated by 
     winter floods: Provided, That Congress hereby designates this 
     amount as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.


                              construction

       For an additional amount for ``Construction'', $9,428,000, 
     to remain available until expended, for emergency repairs 
     necessitated by floods in the Pacific Northwest and other 
     natural disasters: Provided, That Congress hereby designates 
     this amount as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                 Territorial and International Affairs


                       assistance to territories

       For an additional amount for ``Assistance to Territories'', 
     $2,000,000, to remain available until expended, for recovery 
     efforts necessitated by Hurricane Marilyn: Provided, That 
     Congress hereby designates this amount as an emergency 
     requirement pursuant to section 251(b)(2)(D)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                         national forest system

       For an additional amount for ``National Forest System'', 
     $20,000,000, to remain available until September 30, 1997, 
     for expenses necessitated by floods and other natural 
     disasters: Provided, That Congress hereby designates this 
     amount as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.


                              construction

       For an additional amount for ``Construction'', $60,000,000, 
     to remain available until expended, for expenses necessitated 
     by floods and other natural disasters: Provided, That 
     Congress hereby designates this amount as an emergency 
     requirement pursuant to section 251(b)(2)(D)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That $20,000,000 of this amount 
     shall be available only to the extent an official budget 
     request, for a specific dollar amount, that includes 
     designation of the entire amount of the request as an 
     emergency requirement pursuant to section 251(b)(2)(D)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended, is transmitted by the President to the 
     Congress.

                               CHAPTER V

                      DEPARTMENT OF TRANSPORTATION

                     Federal Highway Administration


                          federal-aid highways

                          (highway trust fund)

       For the Emergency Fund authorized by section 125 of title 
     23, United States Code, to cover expenses arising from the 
     January 1996 flooding in the Mid-Atlantic, Northeast, and 
     Northwest States, and other disasters, $267,000,000, to be 
     derived from the Highway Trust Fund and to remain available 
     until expended: Provided, That such amount is designated by 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                      DEPARTMENT OF TRANSPORTATION

                     Federal Transit Administration


                      mass transit capital account

                (liquidation of contract authorization)

                          (highway trust fund)

       For an additional amount for payment of obligations 
     incurred in carrying out 49 U.S.C. 5338(b) administered by 
     the Federal Transit Administration, $375,000,000, to be 
     derived from the Highway Trust Fund and to remain available 
     until expended.

                       OTHER INDEPENDENT AGENCIES

                        Panama Canal Commission


                      panama canal revolving fund

       For an additional amount for administrative expenses, 
     $2,000,000, to be derived from the Panama Canal Revolving 
     Fund.

[[Page H1941]]

                               CHAPTER VI

                  FEDERAL EMERGENCY MANAGEMENT AGENCY

                            Disaster Relief


                     (including transfer of funds)

       For an additional amount for ``Disaster Relief'', 
     $150,000,000, to remain available until expended, which, in 
     whole or in part, may be transferred to the Disaster 
     Assistance Direct Loan Program Account for the cost of direct 
     loans as authorized under section 417 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.): Provided further, That such transfer 
     may be made to subsidize gross obligations for the principal 
     amount of direct loans not to exceed $170,000,000 under 
     section 417 of the Stafford Act: Provided further, That any 
     such transfer of funds shall be made only upon certification 
     by the Director of the Federal Emergency Management Agency 
     that all requirements of section 417 of the Stafford Act will 
     be complied with: Provided further, That the entire amount of 
     this appropriation shall be available only to the extent that 
     an official budget request for a specific dollar amount, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to Congress: Provided further, 
     That the entire amount is designated by Congress as an 
     emergency requirement pursuant to section 251(b)(2)(D)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

                              CHAPTER VII

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 3002. No part of any appropriation contained in this 
     title shall remain available for obligation beyond the 
     current fiscal year unless expressly so provided herein.

                                TITLE IV

                 CONTINGENT SUPPLEMENTAL APPROPRIATIONS

                               CHAPTER I

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology


                     Industrial Technology Services

       For an additional amount for the Advanced Technology 
     Program, $100,000,000, to remain available until expended: 
     Provided, That amounts made available under this heading may 
     be used only for the purpose of providing continuation grants 
     for projects awarded in fiscal year 1994 and prior years and 
     related administrative expenses: Provided further, That none 
     of the funds made available under this heading may be used 
     for the purpose of carrying out additional program 
     competitions under the Advanced Technology Program.

                          DEPARTMENT OF STATE

              International Organizations and Conferences


              Contributions to International Organizations

       For an additional amount for ``Contributions to 
     International Organizations'', $158,000,000, subject to the 
     same terms and conditions as provided in the Department of 
     State and Related Agencies Appropriations Act, 1996: 
     Provided, That 50 percent of the funds appropriated in this 
     paragraph shall be withheld from obligation and expenditure 
     unless the Secretary of State certifies that the United 
     Nations has taken no action that would cause the United 
     Nations to exceed its no-growth budget for the biennium 1996-
     1997 adopted in December, 1995.


        contributions for international peacekeeping activities

       For an additional amount for ``Contributions for 
     International Peacekeeping Activities'', $200,000,000, 
     subject to the same terms and conditions as provided in the 
     Department of State and Related Agencies Appropriations Act, 
     1996.

                               CHAPTER II

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    training and employment services

       For an additional amount for ``Training and Employment 
     Services'', $111,800,000, of which $84,300,000 for title II, 
     part A, of the Job Training Partnership Act shall be 
     available for obligation for the period July 1, 1996 through 
     June 30, 1997 and $27,500,000 for the School-to-Work 
     Opportunities Act shall be available for obligation for the 
     period July 1, 1996, through September 30, 1997.


     state unemployment insurance and employment service operations

       For an additional amount for ``State Unemployment Insurance 
     and Employment Service Operations'', $33,000,000 to be 
     available for obligation for the period July 1, 1996 through 
     June 30, 1997.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

       Substance Abuse and Mental Health Services Administration


               substance abuse and mental health services

       For an additional amount for ``Substance Abuse and Mental 
     Health Services'', $100,000,000 for carrying out title XIX of 
     the Public Health Service Act with respect to substance abuse 
     services.

                        DEPARTMENT OF EDUCATION


                            education reform

       For an additional amount for ``Education Reform'', 
     $389,500,000 for carrying out activities authorized by the 
     Goals 2000: Educate America Act and titles II and III of the 
     School-to-Work Opportunities Act which shall become available 
     on July 1, 1996 and remain available through September 30, 
     1997: Provided, That none of the funds appropriated under 
     this heading shall be obligated or expended to carry out 
     section 304(a)(2)(A) of the Goals 2000: Educate America Act.


                    education for the disadvantaged

       For an additional amount for ``Education for the 
     Disadvantaged'', $961,000,000 for carrying out title I of the 
     Elementary and Secondary Education Act of 1965 which shall 
     become available on July 1, 1996 and remain available through 
     September 30, 1997: Provided, That $461,000,000 shall be 
     available for basic grants under section 1124, which shall be 
     allocated without regard to section 1124(d): Provided 
     further, That $500,000,000 shall be available for 
     concentration grants under section 1124(A): Provided further, 
     That no funds shall be reserved under section 1003(a).


                      school improvement programs

       For an additional amount for ``School Improvement 
     Programs'', $12,000,000 for carrying out title X of the 
     Elementary and Secondary Education Act of 1965.


            education research, statistics, and improvement

       For an additional amount for ``Education Research, 
     Statistics, and Improvement'', $23,000,000 for carrying out 
     section 3136 (K-12 technology learning challenges) of the 
     Elementary and Secondary Education Act of 1965.

                              CHAPTER III

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration


                      construction, major projects

       For an additional amount for ``Construction, Major 
     Projects'', $70,100,000, to remain available until expended.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs


               annual contributions for assisted housing

       For an additional amount for ``Annual Contributions for 
     Assisted Housing'', $150,000,000, to remain available until 
     expended: Provided, That of the total amount provided, 
     $75,000,000 shall be made available, as authorized by section 
     202 of the Housing Act of 1959; and $75,000,000 shall be for 
     supportive housing for persons with disabilities, as 
     authorized by section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act.


public housing demolition, site revitalization, and replacement housing 
                                 grants

       For an additional amount for ``Public Housing Demolition, 
     Site Revitalization, and Replacement Housing Grants'', 
     $220,000,000, to remain available until expended.


         payments for operation of low-income housing projects

       For an additional amount for ``Payments for Operation of 
     Low-Income Housing Projects'', $50,000,000.

                   Community Planning and Development


                      community development grants

       Of the amount provided under this heading in title I of 
     this Act, $80,000,000 shall be available for Economic 
     Development Initiative grants as authorized by section 108(q) 
     of the Housing and Community Development Act of 1974, as 
     amended, on a competitive basis.

             Corporation for National and Community Service


       national and community service programs operating expenses

                     (including transfer of funds)

       Upon the implementation of title IV of this Act, 
     notwithstanding the language under this heading in title I of 
     this Act or any other provision of law, effective October 1, 
     1995, and throughout the remainder of fiscal year 1996, 
     appropriations made available to the Corporation for National 
     and Community Services are in toto as provided for in title 
     IV of this Act as follows:
       For necessary expenses for the Corporation for National and 
     Community Service (referred to in the matter under this 
     heading as the ``Corporation'') in carrying out programs, 
     activities, and initiatives under the National and Community 
     Service Act of 1990 (referred to in the matter under this 
     heading as the ``Act'') (42 U.S.C. 12501 et seq.), 
     $383,500,000, of which $234,000,000 shall be available for 
     obligation from September 1, 1996, through September 30, 
     1997: Provided, That not more than $25,000,000 shall be 
     available for administrative expenses authorized under 
     section 501(a)(4) of the Act (42 U.S.C. 12681(a)(4)): 
     Provided further, That not more than $2,500 shall be for 
     official reception and representation expenses: Provided 
     further, That not more than $59,000,000, to remain available 
     without fiscal year limitation, shall be transferred to the 
     National Service Trust account for educational awards 
     authorized under subtitle D of title I of the Act (42 U.S.C. 
     12601 et seq.): Provided further, That not more than 
     $175,000,000 of the amount provided under this heading shall 
     be available for grants under the National Service Trust 
     program authorized under subtitle C of title I of the Act (42 
     U.S.C. 12571 et seq.)

[[Page H1942]]

     (relating to activities including the AmeriCorps program): 
     Provided further, That not more than $3,500,000 of the funds 
     made available under this heading shall be made available for 
     the Points of Light Foundation for activities authorized 
     under title III of the Act (42 U.S.C. 12661 et seq.): 
     Provided further, That not more than $40,000,000 of the funds 
     made available under this heading may be used to administer, 
     reimburse, or support any national service program authorized 
     under section 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)), 
     and none of such funds shall be available for national 
     service programs run by Federal agencies authorized under 
     section 121(b) of such Act (42 U.S.C. 12581(b)): Provided 
     further, That, to the maximum extent feasible, funds 
     appropriated in the preceding proviso shall be provided in a 
     manner that is consistent with the recommendations of peer 
     review panels in order to assure that priority is given to 
     programs that demonstrate quality, innovation, replicability, 
     and sustainability: Provided further, That not more than 
     $18,000,000 of the funds made available under this heading 
     shall be available for the National Civilian Community Corps 
     authorized under subtitle E of title I of the Act (42 U.S.C. 
     12611 et seq.): Provided further, That not more than 
     $43,000,000 shall be available for school-based and 
     community-based service-learning programs authorized under 
     subtitle B of title I of the Act (42 U.S.C. 12521 et seq.): 
     Provided further, That not more than $15,000,000 shall be 
     available for quality and innovation activities authorized 
     under subtitle H of title I of the Act (42 U.S.C. 12653 et 
     seq.): Provided further, That not more than $5,000,000 shall 
     be available for audits and other evaluations authorized 
     under section 179 of the Act (42 U.S.C. 12639), of which up 
     to $500,000 shall be available for a study by the National 
     Academy of Public Administration on the structure, 
     organization, and management of the Corporation and 
     activities supported by the Corporation, including an 
     assessment of the quality, innovation, replicability and 
     sustainability without Federal funds of such activities, and 
     the Federal and non-Federal cost of supporting participants 
     in community service activities: Provided further, That no 
     funds from any other appropriation, or from funds otherwise 
     made available to the Corporation, shall be used to pay for 
     personnel compensation and benefits, travel, or any other 
     administrative expense for the Board of Directors, the Office 
     of the Chief Executive Officer, the Office of the Managing 
     Director, the Office of the Chief Financial Officer, the 
     Office of National and Community Service Programs, the 
     Civilian Community Corps, or any field office or staff of the 
     Corporation working on the National and Community Service or 
     National Civilian Community Corps programs: Provided further, 
     That to the maximum extent practicable, the Corporation shall 
     increase significantly the level of matching funds and in-
     kind contributions provided by the private sector, shall 
     expand significantly the number of educational awards 
     provided under subtitle D of title I, and shall reduce the 
     total Federal cost per participant in all programs.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out provisions of the Inspector General Act of 
     1978, $2,000,000.

                    Environmental Protection Agency


                 environmental programs and management

       For an additional amount for ``Environmental Programs and 
     Management'', $150,000,000, to remain available until 
     September 30, 1997: Provided, That up to $40,000,000 of this 
     amount shall be available for enforcement activities under 
     this heading.


                        building and facilities

       For an additional amount for ``Buildings and Facilities'', 
     $50,000,000 for the construction of a new consolidated 
     research facility at Research Triangle Park, North Carolina, 
     to remain available until expended: Provided, That 
     notwithstanding any other provision of law, the Environmental 
     Protection Agency is authorized to establish and construct a 
     consolidated research facility at Research Triangle Park, 
     North Carolina, at a maximum total construction cost of 
     $232,000,000, and to obligate such monies as are made 
     available by this Act, and hereafter, for this purpose.


                     hazardous substance superfund

       For an additional amount for ``Hazardous Substance 
     Superfund'', $100,000,000, to remain available until 
     expended.


                   state and tribal assistance grants

       For an additional amount for ``State and Tribal Assistance 
     Grants'', $3,500,000, to remain available until expended for 
     a grant for water distribution systems in the South Buffalo/
     Kittaning, Pennsylvania area.

                   Executive Office of the President


  council on environmental quality and office of environmental quality

       For an additional amount for ``Council on Environmental 
     Quality and Office of Environmental Quality'', $500,000, 
     subject to the same terms and conditions as provided under 
     this heading in title I of this Act.

                      National Science Foundation


                    research and related activities

       For an additional amount for ``Research and Related 
     Activities'', $40,000,000, to remain available until 
     September 30, 1997.

                       DEPARTMENT OF THE TREASURY

           Community Development Financial Institutions Fund


                            program account

       For grants, loans, and technical assistance to qualifying 
     community development financial institutions, and 
     administrative expenses of the Fund, $25,000,000, to remain 
     available until September 30, 1997: Provided, That of the 
     funds made available under this heading not to exceed 
     $4,000,000 may be used for the cost of direct loans, and not 
     to exceed $400,000 may be used for administrative expenses to 
     carry out the direct loan program: Provided further, That the 
     cost of direct loans, including the cost of modifying such 
     loans, shall be defined as in section 502 of the 
     Congressional Budget Act of 1974: Provided further, That such 
     funds are available to subsidize gross obligation of the 
     principal amount of direct loans not to exceed $15,800,000: 
     Provided further, That none of these funds shall be used to 
     supplement existing resources provided to the Department for 
     activities such as external affairs, general counsel, 
     administration, finance, or office of inspector general: 
     Provided further, That none of these funds shall be available 
     for expenses of an Administrator as defined in section 104 of 
     the Community Development Banking and Financial Institutions 
     Act of 1994 (CDBFI Act): Provided further, That the number of 
     staff funded under this heading shall not exceed 10 full-time 
     equivalents: Provided further, That notwithstanding any other 
     provision of law, for purposes of administering the Community 
     Development Financial Institutions Fund, the Secretary of the 
     Treasury shall have all powers and rights of the 
     Administrator of the CDBFI Act and the Fund shall be within 
     the Department of the Treasury.

                               CHAPTER IV

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 4001. No part of any appropriation contained in this 
     title shall remain available for obligation beyond the 
     current fiscal year unless expressly so provided herein.
       Sec. 4002. Amounts appropriated in this title are available 
     for obligation only if and when reconciliation legislation is 
     enacted that expressly makes available for obligation these 
     amounts and that (1) makes available or causes to be made 
     available to the Committees on Appropriations of the House 
     and Senate increased budget authority and outlays for fiscal 
     year 1996 under the provisions of section 302(a) or 602(a) of 
     the Congressional Budget Act of 1974 in at least the amounts 
     included in this title, (2) credits to or causes to be 
     credited to the budget authority and outlays for fiscal year 
     1996 of the Committees on Appropriations of the House and 
     Senate under the provisions of section 302(a) or 602(a) of 
     the Congressional Budget Act of 1974 offsetting savings or 
     receipts in at least the amounts included in this title, or 
     (3) includes any combination of increased budget authority 
     and outlays or crediting of offsetting savings or receipts to 
     the spending authority for fiscal year 1996 of the Committees 
     on Appropriations of the House and Senate under the 
     provisions of section 302(a) or 602(a) of the Congressional 
     Budget Act of 1974 in at least the amounts included in this 
     title. Any amounts appropriated in this title that have not 
     been made available for obligation by the end of the fiscal 
     year 1996 are hereby rescinded.
       This Act may be cited as the ``Balanced Budget Down Payment 
     Act, II.''

  The CHAIRMAN. No further amendment is in order except the amendments 
printed in House Report 104-474 which may be offered only in the order 
printed in the report and by the Member designated in the report, shall 
be considered as read, shall not be subject to amendment except as 
specified in the report, and shall not be subject to a demand for 
division of the question. Debate time for each amendment shall be 
equally divided and controlled by the proponent and an opponent of the 
amendment.
  It is now in order to consider amendment No. 1 printed in House 
Report 104-474.


                    Amendment Offered by Mrs. Lowey

  Mrs. LOWEY. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mrs. Lowey:
       Page 372, strike section 509 (relating to State discretion 
     to not fund abortions under Medicaid).

  The CHAIRMAN. Pursuant to the rule, the gentlewoman from New York 
[Mrs. Lowey] and a Member opposed each will be recognized for 10 
minutes.
  The Chair recognizes the gentlewoman from New York [Mrs. Lowey].
  Mrs. LOWEY. Mr. Chairman, I ask unanimous consent to divide my time 
equally with the gentleman from Pennsylvania [Mr. Greenwood], and that 
he be permitted to control that time.
  The CHAIRMAN. Is there objection to the request of the gentlewoman 
from New York?
  There was no objection.
  Mrs. LOWEY. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise today to strike the extreme provision in this 
bill that

[[Page H1943]]

would allow States to deny Medicaid-funded abortions to victims of rape 
and incest. I understand that there may be some confusion about what 
this amendment does, so let me be very clear. This amendment preserves 
current law by leaving the underlying Hyde amendment in place.
  It is this bill that changes current law by giving States the right 
not to fund abortions in the case of rape and incest. Quite simply, 
this bill gives States the green light to eliminate Medicaid funding of 
abortions for the most vulnerable members of our society, impoverished 
victims of rape and incest. This provision callously victimizes victims 
and subjects women who have been raped to further indignity. It is 
draconian and it is unfair.
  Let me be very clear, this provision has nothing to do with States' 
rights. The States right argument is just a smoke screen. This is not 
about the rights of States. It is about the rights of women, the right 
to choose.
  The Medicaid statute does not give States the right to pick and 
choose which procedures they will cover and which they will not. A 
State's participation in Medicaid is voluntary, but once a State 
chooses to participate, it must comply with Federal statutory and 
regulatory requirements.
  Time after time, in case after case, the Federal courts have ruled 
that States must fund abortions in cases of rape and incest. Since 
1993, Federal courts in 13 States have rejected challenges brought by 
States that did not want to comply with the rape and incest language. 
There is not a single case in which a court has sided with States that 
did not want to comply.
  It is very simple. Under current law, States must fund Medicaid 
abortion in the case of rape, incest, and life of the pregnant woman. 
Just so we are clear, this is not just the way the Clinton 
administration has interpreted the law, it is the law, and it has been 
interpreted by the courts.
  This provision does not clarify existing law as its proponents claim. 
It overturns existing law. Mr. Chairman, American women have watched in 
horror as this extreme Congress has eroded their rights. This will be 
the 22d vote we have taken on the abortion issue, a new record, and of 
all these votes, of all the restrictions this Congress has imposed on 
American women, this one is the most cruel.
  This bill says to rape victims, you must have your rapist's child. It 
tells incest victims, you must have your father's child.
  This Congress must not turn its back on American women in their hour 
of greatest need. Let us have the decency to ensure that impoverished 
victims of rape and incest will have the right to choose. I urge 
support for the Lowey-Greenwood-Morella amendment.
  Mr. Chairman, I reserve the balance of my time.
  The CHAIRMAN. Is there a Member in opposition to the amendment?
  Mr. ISTOOK. Mr. Chairman, I am opposed to the amendment.
  The CHAIRMAN. The gentleman from Oklahoma [Mr. Istook] is recognized 
for 10 minutes.
  Mr. ISTOOK. Mr. Chairman, I yield myself 1\1/2\ minutes.
  Mr. Chairman, I was surprised to hear the statements of Bill Clinton 
and Al Gore attacked as extremist. For when Bill Clinton was Governor 
of Arkansas, he sent this letter in which he said he supported a 
constitutional amendment for the people of Arkansas to say abortion 
should not be funded with public money unless the life of the mother 
were at risk, and he wrote in the letter, ``I am opposed to abortion 
and to government funding of abortions.''
  Al Gore voted repeatedly for the same type of amendment that is in 
the bill that the gentlewoman from New York [Mrs. Lowey] seeks to 
strike. When he was a Senator in 1987, he wrote, ``During my 11 years 
in Congress, I have consistently opposed Federal funding for 
abortion.''
  Why is this now being attacked as extremist? We have had this vote 
before. We voted on this identical issue, this identical language, in 
August. Some people are not willing to abide by that decision and they 
are out here to try again.
  But 36 States have had their State laws overturned by a Clinton 
administration directive misinterpreting what Congress has done, and 
there is no other remedy to uphold the States which have provisions in 
their statutes and their constitutions against using public money for 
abortion except to save the life of the mother.
  The language which we desire to keep in the bill is the language that 
simply says if they wish to fund those rape and incest abortions, they 
may do so. If they do not wish to do so, they are not compelled to do 
so. I ask a ``no'' vote on the motion to strike.
  Mr. GREENWOOD. Mr. Chairman, I yield 1 minute to the gentlewoman from 
Maryland [Mrs. Morella].
  Mrs. MORELLA. Mr. Chairman, I thank the gentleman for yielding me the 
time.
  Mr. Chairman, I urge my colleagues to vote for our amendment.
  Let me clarify just what we are doing here--we are simply confirming 
the interpretation of the 1993 Hyde language regarding Medicaid funding 
for rape and incest only. That language requires States to provide 
Medicaid abortion coverage in rape and incest cases. This 
interpretation has been upheld in each and every Federal court that has 
considered the issue--including Federal courts in 13 States.
  The States rights plank is a facade; make no mistake about it. This 
is about Medicaid funding in cases of rape and incest only--in 1994, 
Federal funding covered only two abortions. These circumstances are 
very tragic and rare--but they are the result of violent, brutal crimes 
against women.
  We cannot all call for an end to violence against women in one breath 
and then in the next breath, vote to prevent victims of rape and 
incest, brutally violent crimes, to lose their rights to end such 
pregnancies.
  I urge my colleagues to vote for the Lowey-Greenwood-Morella 
amendment.
  Mrs. LOWEY. Mr. Chairman, I yield 30 seconds to the gentlewoman from 
Connecticut [Ms. DeLauro].
  Ms. DeLAURO. Mr. Chairman, the crimes of rape and incest are not 
about abortion, they are about violence and brutality. The language in 
this continuing resolution is cruel and it is senseless punishment for 
thousands of women who are victims of rape and incest.
  I only wish that this body would spend as much time working to 
prevent sexual assault, domestic violence, and tougher criminal 
prosecution of rapists as they do on the issue of choice. We should 
consider ways in which we can heal young girls and women who fall 
victim to these horrifying acts with the same ferociousness and 
vigilance as this body attacks a woman's right to choose.
  Mr. ISTOOK. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman 
from New Jersey [Mr. Smith].
  Mr. SMITH of New Jersey. Mr. Chairman, I thank the gentleman for 
yielding me the time.
  Mr. Chairman, I rise in strong opposition to the Lowey amendment, 
which strikes language in the bill that protects States from being 
forced to alter their State laws or constitutions to pay for abortions. 
We defeated this motion last August and I urge defeat of it again 
today.
  At least 12 States have been sued by the abortionists because of the 
administration's twisted interpretations of the 1993 Hyde amendment, 
which Members should recall allowed but did not require taxpayer 
funding for abortions in cases of rape and incest. A dozen more States 
acquiesced rather than face litigation from the abortion industry.
  The Clinton order has had some disastrous consequences in some 
States. For example, in Arkansas the people voted and approved a State 
constitutional amendment endorsed by then Gov. Bill Clinton to prohibit 
State funding of abortion except to save the life of the mother. A 
Federal judge, however, has set aside the entire constitutional 
amendment because in the view of the judge it conflicts with Federal 
law, thus ordering that State to pay for abortions on demand.
  I do not think anybody wants to be part of that, having that State 
being forced to underwrite and subsidize the cost for all abortions. 
The Clinton order has also invalidated the State laws of Iowa, 
Minnesota, Pennsylvania, Virginia, Wisconsin, and Wyoming that 
contained a requirement that rape or incest be reported to a law 
enforcement agency. I happen to believe that that is

[[Page H1944]]

a modest request when the death of the baby is being procured. We 
should be trying to apprehend and hopefully prosecute these people who 
commit these heinous crimes of rape, rather than let them get off the 
hook in terms of the reporting requirement.

                              {time}  1500

  I would hope all States that have any kind of rape or incest would 
have that kind of requirement. These have been nullified by the Clinton 
order.
  Mr. GREENWOOD. Mr. Chairman, I yield 1 minute to the gentleman from 
Delaware [Mr. Castle].
  Mr. CASTLE. Mr. Chairman, it has been argued this is not an abortion 
issue, and it is true that the law today allows for abortion in cases 
of rape or incest. People argue it is a States rights issue. Let us 
take a look at that. If you are poor, a very poor woman in the middle 
of a large State, let us say Oklahoma, and you have a State law which 
does not allow you to get an abortion, if you have gone through rape or 
incest, it means that individual must live with having that child, 
having to raise that child in that society. If you are in another 
State, say Kansas, which does allow for that abortion to take place in 
cases of rape or incest, it means that they would be allowed to have an 
abortion. Is that fair to that poor woman in the first State, in the 
State of Oklahoma, in that particular instance? I think the answer is 
no.
  This is not a matter of States rights. This is a matter of the rights 
of the individual woman, the poor defenseless woman, to be able to live 
her life as she pleases, and I believe we need to support this 
amendment. It comes down to the issue of fairness.
  I urge everyone to support the amendment.
  Mrs. LOWEY. Mr. Chairman, I yield 1 minute to the gentlewoman from 
California [Ms. Waters].
  Ms. WATERS. Mr. Chairman, to force a woman who has been raped, 
violated, brutalized, to carry a pregnancy to term is unconscionable.
  This amendment is consistent with Hyde. To punish a poor woman simply 
because she is poor is absolutely the kind of public policy that we do 
not want to support.
  I would urge my colleagues in the name of fairness to support this 
amendment. It is only fair that we say to the States, do not make a 
woman suffer more, do not make a woman who has been violated in the 
worst way suffer more by carrying a pregnancy to term.
  I ask for an ``aye'' vote on this amendment.
  Mr. ISTOOK. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman 
from Nevada [Mrs. Vucanovich], a very respected Member of this House.
  Mrs. VUCANOVICH. Mr. Chairman, I wish to address the issue of State 
sovereignty. The Hyde amendment of 1993 allowed Federal reimbursement 
for Medicaid abortions in cases of rape and incest. The Clinton 
administration, however, has twisted the original intent of this 
amendment by forcing States to use Medicaid funds to pay for such 
procedures. In many cases, States are forced to violate their own 
constitutions or lose Federal Medicaid funding. We in the 104th 
Congress have labored mightily to restrain the power of the Federal 
Government and return power to the States. Let us not stand idly by 
while one of the most basic principles of State sovereignty is 
threatened.
  I call upon the President of the United States to respect the wishes 
of millions of Americans who oppose the use of their tax dollars to 
destroy innocent human life. I urge my fellow Members of Congress to 
support the omnibus appropriations bill and oppose the Lowey amendment. 
Colleagues, you are to decide the important questions upon which rest 
the happiness and liberty of millions yet unborn. Act worthy of 
yourselves.
  Mr. GREENWOOD. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, this is not about States rights. This is about State 
funds.
  We offered an amendment to this provision that would have, in fact, 
provided 100 percent Federal funds to take care of this small handful 
of abortions, and that offer was rejected by the proponents of this 
measure.
  What this is about is what becomes of young girls after they are 
sexually abused by their fathers and their stepfathers and become 
pregnant. What this is about is what becomes of women after they are 
brutally raped and become pregnant.
  Now, the authors of this provision do not believe that abortion is an 
appropriate response to becoming pregnant as a result of rape or 
incest, and I respect their right to hold that view.
  I also suspect, though, that the decision comes more easily to the 
authors because they are not the victims of these unspeakable crimes 
and it is not they who are forced to give birth to the children of 
their assailants.
  This vote is about who makes the decision in these tragic 
circumstances, the politicians or the victims. Eighty-four percent of 
Americans believe that this decision belongs in the hands of the 
victims and not the politicians.
  I would submit that any of us who put the term ``Representative'' 
before our names in this body have a duty to represent the 84 percent 
of the Americans who hold that view and support this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. ISTOOK. Mr. Chairman, I yield 2 minutes to the gentleman from 
Colorado [Mr. Allard], which, because its people have twice voted not 
to fund abortions except in the case of life of the mother, may have to 
lose $700 million a year in Federal funding unless we defeat this 
motion and keep this language in the bill.
  Mr. ALLARD. Mr. Chairman, I oppose the Lowey amendment and rise in 
support of the Istook language guaranteeing States the right to 
determine appropriate restrictions on the use of Medicaid funds for 
abortion.
  Recently, the State of Colorado was denied this right in Federal 
court, presenting a substantial problem for our State. The Colorado 
Constitution prohibits the use of public funds for abortions, unless 
the life of the mother is threatened. Therefore, the State is put in 
the position of violating our State constitution or discontinuing the 
use of Medicaid funds.
  At a time when we are shifting power back to the States, we should 
guarantee States the right to place restrictions on the use of Medicaid 
funds for abortion. This is particularly appropriate in light of the 
Federal-State matching grant nature of Medicaid. The Istook language 
simply reiterates Congress' intent in the Hyde amendment.
  Colorado is not the only State that challenges the Clinton 
administration's interpretation of the Hyde amendment. The States of 
Alabama, Arizona, Arkansas, Delaware, Florida, Georgia, Illinois, 
Indiana, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, 
Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North 
Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, 
Tennessee, Texas, and Utah also prohibit the use of Medicaid funds for 
abortion in all cases except when the life of the mother is endangered.
  The funds involved are taxpayer dollars, and the people of Colorado 
and other States should determine whether Federal abortion funding 
restrictions are adequate or need to be strengthened.
  Mrs. LOWEY. Mr. Chairman, I yield such time as she may consume to the 
gentlewoman from New York [Mrs. Maloney].
  (Mrs. MALONEY asked and was given permission to revise and extend her 
remarks.)
  Mrs. MALONEY. Mr. Chairman, I call on colleagues to support the Lowey 
amendment.
  This amendment attempts to correct ruthless public policy contained 
in this bill.
  For poor women, this bill would make fathers out of rapists.
  If this is the new majority's idea of family values, then count me 
out.
  I think an overwhelming majority of the American people believe our 
government should help crime victims, not leave them to their own 
devices, especially with such horrible crimes as rape and incest.
  My Republican colleagues bristle when we use the word ``extreme.''
  But there is no other word to describe this policy.
  Support the Lowey amendment.
  Mr. ISTOOK. Mr. Chairman, I yield 20 seconds to the gentleman from 
Arkansas [Mr. Hutchinson].
  Mr. HUTCHINSON. Mr. Chairman, it is interesting, back on March 30, 
1993,

[[Page H1945]]

George Stephanopolos, said the President's proposal would try to 
preserve flexibility of the States to make these tough decisions, but, 
in fact, they issued an Executive order that resulted in the striking 
of a constitutional provision in our Arkansas Constitution, voted on by 
the people of the State of Arkansas, stripped because of a bureaucrat's 
order out of Washington, DC. That is wrong. That is why we need this 
provision.
  Mr. ISTOOK. Mr. Chairman, I yield 20 seconds to the gentleman from 
Arkansas [Mr. Dickey].
  Mr. DICKEY. Mr. Chairman, lives are at stake. There is no question 
about it. We in Arkansas have approved a constitutional amendment where 
we said we could not use Federal funds or State funds to take the lives 
of innocent children who are not represented in this discussion and who 
we need to protect.
  Mr. ISTOOK. Mr. Chairman, I yield 45 seconds to the gentleman from 
Florida [Mr. Weldon], a freshman Member.
  Mr. WELDON of Florida. Mr. Chairman, we are debating a continuing 
resolution that will keep the Government open through the rest of the 
year.
  Unfortunately, some have chosen to complicate this bill by offering 
an amendment to strike the Istook language. The Istook language allows 
States to make the decision as to whether they will use the State 
portion of their Medicare funding to pay for abortions in the case of 
rape or incest.
  Mr. Chairman, not only does the Istook amendment protect States 
rights, but specifically a particular State. We have already heard 
today the impact this will have on the State of Colorado.
  I strongly urge all of my colleagues to vote ``no'' on this Lowey 
amendment and support the original Istook language.
  Mr. ISTOOK. Mr. Chairman, I yield 30 seconds to my fellow colleague, 
the gentleman from Oklahoma [Mr. Largent], from the First Congressional 
District.
  Mr. LARGENT. Mr. Chairman, I thank the gentleman for yielding this 
time to me.
  I listened to the passionate but wrongheaded arguments for this Lowey 
amendment, and I rise in strong opposition to that argument. It is not 
a compelling argument.
  Folks, understand that the children that are being destroyed through 
the funding of abortions are not the perpetrators of the crime of rape 
and incest. They are the innocent, and by voting against this amendment 
we provide the protection that they need in the sanctity the womb.
  I urge a ``no'' vote on the Lowey amendment.
  Mr. ISTOOK. Mr. Chairman, I yield 1\1/2\ minutes to the great 
gentleman from, Illinois [Mr. Hyde], well known and esteemed in this 
body.
  (Mr. HYDE asked and was given permission to revise and extend his 
remarks.)
  Mr. HYDE. Mr. Chairman, we have just been called extremists, and list 
me in the front ranks of the extreme, if by earning that appellation I 
can defend the innocent unborn.
  It seems to me 1\1/2\ million abortions every year is pretty extreme. 
The U.S. Supreme Court has held in a Georgia case that you may not 
execute the rapist. The words of the court were that is a 
disproportionate penalty for the crime; disproportionate, do not 
execute the rapist, but you can execute the unborn in the womb.
  Nobody says a rape victim has an easy matter of it. That is tragic, 
and it is heart-rending.
  But why visit on the innocent unborn life execution that the court 
will not let you do to the rapist? That is a tragedy, and it calls for 
love and compassion and help, and we ought to provide that, but do not 
add insult to injury by executing the most innocent of human beings, an 
unborn child.
  I do not think we should be proud of the fact that we have a million 
and a half abortions. But most of the people arguing for the Lowey 
amendment I find supported the partial-birth abortion process. That is 
what is extreme. That is the edge of the envelope.
  If you want to protect human life, if you think abortions ought to be 
safe, legal, and rare, as the President says, how are you making them 
rare by forcing States to pay for them when the States do not want to 
and their laws do not want them to and even their constitution forbids 
it? That is extreme.

                              {time}  1515

  Mr. GREENWOOD. Mr. Chairman, I yield the balance of my time to the 
gentleman from Massachusetts [Mr. Torkildsen].
  The CHAIRMAN. The gentleman from Massachusetts [Mr. Torkildsen] is 
recognized for 1\1/2\ minutes.
  Mr. TORKILDSEN. Mr. Chairman, I thank the gentleman from Pennsylvania 
for yielding me time.
  Mr. Chairman, I rise in strong support of the Lowey-Greenwood-Morella 
motion to strike. As Yogi Berra said, it is deja vu all over again. 
This House is once again debating one of the most personal decisions 
any woman could ever have to make in this country, and this House 
really should not be interfering in that process.
  The Medicaid statute is crystal clear on the issue. Once a State 
elects to participate in the Medicaid Program, all necessary medical 
services must be covered. That is very clear and to the point.
  A rape is reported in our country every 5 minutes. It is a very sad 
statistic. Fortunately, most of these rapes do not result in 
pregnancies. But on the times that they do, when the woman is a victim 
of a crime, why make things worse with the adoption of the language 
that is in this bill?
  We should be voting to strike. We should be voting to keep our own 
motto of keeping government out of people's lives, and allowing people 
to make decisions that affect them more than any other individual.
  I urge all Members to vote for the motion to strike, and vote to put 
some sanity back in this most personal of decisions.
  Mrs. LOWEY. Mr. Chairman, I yield 45 seconds to the gentleman from 
Illinois [Mr. Durbin].
  Mr. DURBIN. Mr. Chairman, I wish those who take this floor and so 
casually dismiss the rights of victims of rape and incest could have 
sat with me across a table at a home for abused children to meet two 
17-year-old young women who had been victims of rape and incest, their 
young lives shattered by the violent and vicious crimes they had been 
subjected to.
  I pray to God that a young woman in that situation would have the 
strength to carry her baby and put it up for adoption. But neither the 
gentleman from Oklahoma [Mr. Istook] nor any member of the Republican 
majority has the right to say that she must do so under all 
circumstances. That is mean, it is extreme, it is wrong. We must be 
sensitive to the fact that many people, young women in particular, face 
shattering experiences because of these violent, vicious crimes. To 
take away their right to terminate that pregnancy early on, their right 
to choose, is wrong. This a decision for a woman, her doctor, and her 
conscience.
  The CHAIRMAN. The Chair wishes to inform the gentleman from 
Pennsylvania [Mr. Greenwood] that he has 15 seconds remaining.
  Mr. GREENWOOD. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, let me just close by asking the Members of this body to 
consider what weighs in the balance: The fertilized egg on the one 
hand, and, on the other hand, the lives of victims of the most 
unspeakable crimes. Who should make the decision in this instance? A 
Solomonic decision should be made by the victim.
  The CHAIRMAN. The gentleman from Oklahoma [Mr. Istook] has 1\1/2\ 
minutes remaining, and is entitled to close.
  Mr. ISTOOK. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, we are not here to talk about whether someone, no 
matter where they live, will have the ability to obtain an abortion 
under any circumstances. We are here solely on the question of whether 
taxpayers in different States will be compelled to use taxpayers' money 
to pay for abortions or whether the States can decide for themselves in 
a case of rape or incest if taxpayer money is to be used.
  Thirty-six States, through their people, many through public votes, 
have made the decision they do not wish taxpayer money to be used in 
those circumstances. I stand here on behalf of the people of those 36 
States that do not want to be dictated to from Washington, that want to 
be able to make those decisions.

[[Page H1946]]

  So, Mr. Chairman, the people in the States of Alabama, Arizona, 
Arkansas, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, 
Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, 
Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, 
Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, 
Texas, Utah, Iowa, Minnesota, Pennsylvania, Virginia, Wisconsin, and 
Wyoming, say they should not be dictated to from Washington. If you are 
from one of those States and you vote for this motion to strike, you 
have voted to overturn the decision of your State. You have voted 
against the decision made by your people. If you are from any other 
State, it does not matter; this amendment does not affect you. But 
Members from those States should vote against the amendment, against 
the motion to strike, and uphold the authority of their people to 
determine where their tax money will be spent.
  Mr. FAZIO of California. Mr. Chairman, I rise in support of the Lowey 
amendment that deletes the Istook abortion riders that are included in 
this continuing resolution. These riders would not allow State to fund 
abortions via Medicaid in cases of rape and incest. In addition, the 
riders contain a provision that will reverse the policy that resident 
training programs for OB-GYN's include education about abortion 
techniques.
  Policies that force rape and incest victims to continue a resulting 
pregnancy to term threaten the health of the most vulnerable women. A 
Medicaid-eligible woman facing a pregnancy caused by rape and incest 
must be permitted to protect her health and to exercise her fundamental 
right to choose in whatever State she calls home.
  Under the guise of State's rights, the callous and discriminatory 
effect of the Istook riders will cause additional suffering for women 
who must already overcome poverty and sexual violence.
  In States that have funded coverage for abortion under the extreme 
circumstances of rape or incest, very few abortions have been funded.
  Women who have been raped often face additional victimization caused 
by the insensitivity of the police, medical personnel, and the criminal 
justice system. Now the sponsors of this rider want to allow States to 
force these women to continue these pregnancies and bear children 
against the will of the affected women.
  These riders are another example of legislation that, if considered 
on its own merits, would not pass muster. We should send a clean CR to 
the President, not one loaded down with questionable public policy like 
this. These policy riders are bad public policy. I urge my colleagues 
to support the Lowey amendment to strike the Istook riders.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise in support of the 
Lowey amendment to H.R. 3019 that would delete the provision of the 
bill that allows States to eliminate Medicaid funding of abortions for 
victims of rape and incest.
  The proponents of the provision argue that it gives the States the 
right to choose which abortion procedures it will fund, when this issue 
has already been settled by the Federal courts. The courts have held 
that the States participating in Medicaid must provide funding for 
abortions in case of rape and incest. I support this amendment because 
States should not be given the options of providing coverage of these 
services under the guise of States rights.
  As a woman, a mother, and Member of Congress, I strongly believe that 
anyone faced with making the decision to abort a fetus conceived during 
rape or incest has a tremendous burden to bear--but it is the woman's 
decision that must be made solely by her and in consultation with her 
family and physician. The Federal Government should have nothing to do 
with it.
  Consider the story of an 18-year-old high school senior from St. 
Paul, MN. Kristine G. became pregnant for the first time as a result of 
a date rape, which she did not report because the family of the man who 
raped her threatened her life. In addition, her attacker was a gang 
member and she feared for her life. Should she be denied the 
opportunity to get an abortion?
  To be a poor woman in America is difficult enough, to be raped and 
then denied access to medical services to end an unwanted pregnancy is 
the greatest injustice I can imagine. The majority of the American 
people believe that Medicaid funding of abortions for victims of rape 
and incest is appropriate.
  In 1993 Congress revised the Hyde amendment to title XIX funding for 
Medicaid Program making their intention clear that it should cover all 
``medically necessary services.'' I cannot imagine a service more 
necessary than an abortion for a victim of rape or incest.
  I urge my colleagues to stand up for American women. I urge my 
colleagues to do the right thing and vote in favor of this amendment.
  Mr. BEREUTER. Mr. Chairman, this Member rises today in opposition to 
the amendment by the gentlewoman from New York [Mrs. Lowey] that would 
strike the language in the bill that clarifies the congressional intent 
regarding the interpretation of the Hyde amendment.
  This Member was one of the first Members of Congress to speak against 
the 1993 Clinton administration directive that required States to fund 
Medicaid abortions in cases of rape or incest. This directive is an 
unjustified and incorrect interpretation of the law and of 
congressional intent. It is certainly not the intent of Congress to 
mandate States to fund Medicaid abortions in the case of rape or 
incest, regardless of State law. The 1993 Hyde amendment to public law 
is clearly not a mandate, but an enlargement on the limitation on the 
use of Federal funds, allowing States to use Medicaid funds to finance 
abortions in the case of rape or incest and of course to save the life 
on an indigent mother. The language in the bill we are considering 
today, once and for all, clarifies the original congressional intent in 
statute.
  Mr. Chairman, this Member urges his colleagues to oppose the Lowey 
amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from New York [Ms. Lowey].
  The question was taken; and the Chairman announced that the noes 
appeared to have it.


                             recorded vote

  Mrs. LOWEY. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 198, 
noes 222, not voting 11, as follows:

                             [Roll No. 51]

                               AYES--198

     Abercrombie
     Ackerman
     Andrews
     Baesler
     Baldacci
     Barrett (WI)
     Bass
     Becerra
     Beilenson
     Bentsen
     Berman
     Bilbray
     Bishop
     Blute
     Boehlert
     Bono
     Boucher
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Campbell
     Cardin
     Castle
     Clayton
     Clement
     Clyburn
     Coleman
     Collins (IL)
     Condit
     Conyers
     Coyne
     Cramer
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Dunn
     Durbin
     Edwards
     Ehrlich
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Fawell
     Fazio
     Fields (LA)
     Filner
     Flake
     Foglietta
     Foley
     Fowler
     Fox
     Frank (MA)
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frost
     Furse
     Ganske
     Gejdenson
     Gephardt
     Gibbons
     Gilchrest
     Gilman
     Gonzalez
     Gordon
     Greenwood
     Gunderson
     Gutierrez
     Harman
     Hefner
     Hilliard
     Hinchey
     Horn
     Houghton
     Hoyer
     Jackson (IL)
     Jackson-Lee (TX)
     Jacobs
     Jefferson
     Johnson (CT)
     Johnson, E. B.
     Johnston
     Kaptur
     Kelly
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kleczka
     Klug
     Kolbe
     Lantos
     Lazio
     Leach
     Levin
     Lewis (GA)
     Lincoln
     LoBiondo
     Lofgren
     Longley
     Lowey
     Luther
     Maloney
     Markey
     Martinez
     Martini
     Matsui
     McCarthy
     McDermott
     McHale
     McKinney
     McNulty
     Meehan
     Meek
     Menendez
     Metcalf
     Meyers
     Miller (CA)
     Minge
     Mink
     Moakley
     Molinari
     Moran
     Morella
     Nadler
     Neal
     Obey
     Olver
     Owens
     Pallone
     Pastor
     Payne (NJ)
     Payne (VA)
     Pelosi
     Peterson (FL)
     Pickett
     Pomeroy
     Porter
     Pryce
     Ramstad
     Rangel
     Reed
     Richardson
     Rivers
     Rose
     Roukema
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sawyer
     Saxton
     Schroeder
     Schumer
     Scott
     Serrano
     Shaw
     Shays
     Sisisky
     Skaggs
     Slaughter
     Spratt
     Stark
     Studds
     Tanner
     Thomas
     Thompson
     Thornton
     Thurman
     Torkildsen
     Torres
     Torricelli
     Towns
     Traficant
     Upton
     Velazquez
     Vento
     Visclosky
     Ward
     Waters
     Watt (NC)
     Waxman
     White
     Williams
     Wilson
     Wise
     Woolsey
     Wynn
     Yates
     Zeliff
     Zimmer

                               NOES--222

     Allard
     Archer
     Armey
     Bachus
     Baker (CA)
     Baker (LA)
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bateman
     Bereuter
     Bevill
     Bilirakis
     Bliley
     Boehner
     Bonilla
     Bonior
     Borski
     Brewster
     Browder
     Brownback
     Bryant (TN)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Chabot
     Chambliss
     Chenoweth
     Christensen
     Chrysler
     Clinger
     Coble
     Coburn

[[Page H1947]]


     Collins (GA)
     Combest
     Cooley
     Costello
     Cox
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Danner
     Davis
     de la Garza
     Deal
     DeLay
     Diaz-Balart
     Dickey
     Doolittle
     Dornan
     Doyle
     Dreier
     Duncan
     Ehlers
     Emerson
     English
     Ensign
     Everett
     Fields (TX)
     Flanagan
     Forbes
     Frisa
     Funderburk
     Gallegly
     Gekas
     Geren
     Gillmor
     Goodlatte
     Goodling
     Goss
     Graham
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hamilton
     Hancock
     Hansen
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayworth
     Hefley
     Heineman
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hoke
     Holden
     Hostettler
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Johnson, Sam
     Jones
     Kanjorski
     Kasich
     Kildee
     Kim
     King
     Kingston
     Klink
     Knollenberg
     LaFalce
     LaHood
     Largent
     Latham
     LaTourette
     Laughlin
     Lewis (CA)
     Lewis (KY)
     Lightfoot
     Linder
     Lipinski
     Livingston
     Lucas
     Manton
     Manzullo
     Mascara
     McCollum
     McCrery
     McDade
     McHugh
     McInnis
     McIntosh
     McKeon
     Mica
     Miller (FL)
     Mollohan
     Montgomery
     Moorhead
     Murtha
     Myrick
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Oberstar
     Ortiz
     Orton
     Oxley
     Packard
     Parker
     Paxon
     Peterson (MN)
     Petri
     Pombo
     Portman
     Poshard
     Quillen
     Quinn
     Radanovich
     Rahall
     Regula
     Riggs
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roth
     Royce
     Salmon
     Sanford
     Scarborough
     Schaefer
     Schiff
     Seastrand
     Sensenbrenner
     Shadegg
     Shuster
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Stearns
     Stenholm
     Stockman
     Stump
     Stupak
     Talent
     Tate
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Tejeda
     Thornberry
     Tiahrt
     Volkmer
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--11

     Bryant (TX)
     Chapman
     Clay
     Collins (MI)
     Ewing
     Ford
     Green
     Hayes
     Johnson (SD)
     Myers
     Stokes

                              {time}  1538

  Mr. COOLEY changed his vote from ``aye'' to ``no.''
  Messrs. THORNTON, MOAKLEY, CRAMER, and LONGLEY changed their vote 
from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                          personal explanation

  Mr. EWING. Mr. Chairman, on Rollcall No. 51, I was unavoidably 
detained. Had I been present, I would have voted ``no.''
  The CHAIRMAN. The Committee will rise informally in order that the 
House may receive a message.

                          ____________________