[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.
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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
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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.
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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?
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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
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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.
____________________