[Congressional Record Volume 142, Number 39 (Wednesday, March 20, 1996)]
[Senate]
[Pages S2441-S2545]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  BALANCED BUDGET DOWNPAYMENT ACT, II

  The text 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, as passed by the Senate on March 19, 1996, is as 
follows:

       Resolved, That the bill from the House of Representatives 
     (H.R. 3019) entitled ``An Act making appropriations for 
     fiscal year 1996 to make a further downpayment toward a 
     balanced budget, and for other purposes.'', do pass with the 
     following amendment:
       Strike out all after the enacting clause and insert: 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 the Government for the fiscal year 
     1996, and for other purposes, namely:

                    TITLE I--OMNIBUS 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 as 
     follows, to be effective as if it had been enacted into law 
     as the regular appropriations Act:

                                 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 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,

[[Page S2442]]

     That the obligated and unobligated balances of funds 
     previously appropriated to the General Administration, 
     Salaries and Expenses appropriation for the Executive Office 
     for Immigration Review and the Office of the Pardon Attorney 
     shall be merged with this appropriation.


  violent crime reduction programs, administrative review and appeals

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


                      office of inspector general

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

                    United States Parole Commission


                         salaries and expenses

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

                            Legal Activities


            salaries and expenses, general legal activities

                     (including transfer of funds)

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


       violent crime reduction programs, general legal activities

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


               salaries and expenses, antitrust division

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


             salaries and expenses, united states attorneys

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


       violent crime reduction programs, united states attorneys

       For activities authorized by sections 190001(d), 40114 and 
     130005 of Public Law 103-322, $30,000,000, to remain 
     available until expended, which shall be derived from the 
     Violent Crime Reduction Trust Fund, of which $20,269,000 
     shall be available to help meet increased demands for 
     litigation and related activities, $500,000 to implement a 
     program to appoint additional Federal Victim's Counselors, 
     and $9,231,000 for expeditious deportation of denied asylum 
     applicants.


                   united states trustee system fund

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


      salaries and expenses, foreign claims settlement commission

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


         salaries and expenses, united states marshals service

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


    violent crime reduction programs, united states marshals service

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


                       federal prisoner detention

                     (including transfer of funds)

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


                     fees and expenses of witnesses

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


           salaries and expenses, Community Relations Service

       For necessary expenses of the Community Relations Service, 
     established by title X of the Civil Rights Act of 1964, 
     $5,319,000: Provided, That notwithstanding any other 
     provision of this title, upon a determination by the Attorney 
     General that emergent circumstances require additional 
     funding for conflict prevention and resolution activities of 
     the Community Relations

[[Page S2443]]

     Service, the Attorney General may transfer such amounts to 
     the Community Relations Service, from available 
     appropriations for the current fiscal year for the Department 
     of Justice, as may be necessary to respond to such 
     circumstances: Provided further, That any transfer pursuant 
     to this section shall be treated as a reprogramming 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.


                         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; $750,168,000, of which not to exceed $1,800,000 for 
     research and $15,000,000 for transfer to the Drug Diversion 
     Control Fee Account for operating expenses shall remain 
     available until expended, and of which not to exceed 
     $4,000,000 for purchase of evidence and payments for 
     information, not to exceed $4,000,000 for contracting for ADP 
     and telecommunications equipment, and not to exceed 
     $2,000,000 for technical and laboratory equipment shall 
     remain available until September 30, 1997, and of which not 
     to exceed $50,000 shall be available for official reception 
     and representation expenses.


                    violent crime reduction programs

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

                 Immigration and Naturalization Service


                         salaries and expenses

       For expenses, not otherwise provided for, necessary for the 
     administration and enforcement of the laws relating to 
     immigration, naturalization, and alien registration, 
     including not to exceed $50,000 to meet unforeseen 
     emergencies of a confidential character, to be expended under 
     the direction of, and to be accounted for solely under the 
     certificate of, the Attorney General; purchase for police-
     type use (not to exceed 813 of which 177 are for replacement 
     only) without regard to the general purchase price limitation 
     for the current fiscal year, and hire of passenger motor 
     vehicles; acquisition, lease, maintenance and operation of 
     aircraft; and research related to immigration enforcement; 
     $1,394,825,000, of which $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

[[Page S2444]]

     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.


                    violent crime reduction programs

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


                        BUILDINGS AND FACILITIES

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


                FEDERAL PRISON INDUSTRIES, INCORPORATED

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


   LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, 
                              INCORPORATED

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

                       Office of Justice Programs


                           JUSTICE ASSISTANCE

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


          violent crime reduction programs, justice assistance

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


               state and local law enforcement assistance

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


   violent crime reduction programs, state and local law enforcement 
                               assistance

       For assistance (including amounts for administrative costs 
     for management and administration, which amounts shall be 
     transferred to and merged with the ``Justice Assistance'' 
     account) authorized by the Violent Crime Control and Law 
     Enforcement Act of 1994, Public Law 103-322 (``the 1994 
     Act''); the Omnibus Crime Control and Safe Streets Act of 
     1968, as amended (``the 1968 Act''); and the Victims of Child 
     Abuse Act of 1990, as amended (``the 1990 Act''); 
     $3,005,200,000, to remain available until expended, which 
     shall be derived from the Violent Crime Reduction Trust Fund; 
     of which $1,903,000,000 shall be for Local Law Enforcement 
     Block Grants, pursuant to H.R. 728 as passed by the House of 
     Representatives on February 14, 1995 for the purposes set 
     forth in paragraphs (A), (B), (D), (F), and (I) of section 
     101(a)(2) of H.R. 728 and for establishing crime prevention 
     programs involving cooperation between community residents 
     and law enforcement personnel in order to control, detect, or 
     investigate crime or the prosecution of criminals: Provided, 
     That recipients are encouraged to use these funds to hire 
     additional law enforcement officers: Provided further, That 
     no less than $975,000,000 of this amount shall be available 
     for Public Safety and Community Policing grants pursuant to 
     title I of the 1994 Act: Provided further, That no less than 
     $20,000,000 shall be for the District of Columbia 
     Metropolitan Police Department to be used at the discretion 
     of the police chief for law enforcement purposes, conditioned 
     upon prior written consultation and notification being given 
     to the chairman and ranking members of the House and Senate 
     Committees on the Judiciary and Appropriations: Provided 
     further, That no less than $25,000,000 of this amount shall 
     be for drug courts pursuant to title V of the 1994 Act: 
     Provided further, That not less than $20,000,000 of this 
     amount shall be for Boys & Girls Clubs of America for the 
     establishment of Boys & Girls Clubs in public housing 
     facilities and other areas in cooperation with State and 
     local law enforcement: Provided further, That not less than 
     $80,000,000 of such

[[Page S2445]]

     amount shall be for crime prevention block grants pursuant to 
     subtitle B of title III of the 1994 Act: 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 programs of Police Corps education, training 
     and service as set forth in sections 200101-200113 of the 
     1994 Act; $25,000,000 for grants to upgrade criminal records, 
     as authorized by section 106(b) of the Brady Handgun Violence 
     Prevention Act of 1993, as amended, and section 4(b) of the 
     National Child Protection Act of 1993; $147,000,000 as 
     authorized by section 1001 of title I of the 1968 Act, which 
     shall be available to carry out the provisions of subpart 1, 
     part E of title I of the 1968 Act, notwithstanding section 
     511 of said Act, for the Edward Byrne Memorial State and 
     Local Law Enforcement Assistance Programs; $300,000,000 for 
     the State Criminal Alien Assistance Program, as authorized by 
     section 242(j) of the Immigration and Nationality Act, as 
     amended; $617,500,000 for Violent Offender Incarceration and 
     Truth in Sentencing Incentive Grants pursuant to subtitle A 
     of title II of the Violent Crime Control and Law Enforcement 
     Act of 1994 (as amended by section 114 of this Act), of which 
     $200,000,000 shall be available for payments to States for 
     incarceration of criminal aliens, and of which $12,500,000 
     shall be available for the Cooperative Agreement Program; 
     $1,000,000 for grants to States and units of local government 
     for projects to improve DNA analysis, as authorized by 
     section 1001(a)(22) of the 1968 Act; $9,000,000 for Improved 
     Training and Technical Automation Grants, as authorized by 
     section 210501(c)(1) of the 1994 Act; $1,000,000 for Law 
     Enforcement Family Support Programs, as authorized by section 
     1001(a)(21) of the 1968 Act; $500,000 for Motor Vehicle Theft 
     Prevention Programs, as authorized by section 220002(h) of 
     the 1994 Act; $1,000,000 for Gang Investigation Coordination 
     and Information Collection, as authorized by section 150006 
     of the 1994 Act; $200,000 for grants as authorized by section 
     32201(c)(3) of the 1994 Act: Provided further, That funds 
     made available in fiscal year 1996 under subpart 1 of part E 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968, as amended, may be obligated for programs to assist 
     States in the litigation processing of death penalty Federal 
     habeas corpus petitions: Provided further, That any 1995 
     balances for these programs shall be transferred to and 
     merged with this appropriation: Provided further, That if a 
     unit of local government uses any of the funds made available 
     under this title to increase the number of law enforcement 
     officers, the unit of local government will achieve a net 
     gain in the number of law enforcement officers who perform 
     nonadministrative public safety service.


                       WEED AND SEED PROGRAM FUND

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


                       juvenile justice programs

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Juvenile Justice and Delinquency 
     Prevention Act of 1974, as amended, including salaries and 
     expenses in connection therewith to be transferred to and 
     merged with the appropriations for Justice Assistance, 
     $144,000,000, to remain available until expended, as 
     authorized by section 299 of part I of title II and section 
     506 of title V of the Act, as amended by Public Law 102-586, 
     of which: (1) $100,000,000 shall be available for expenses 
     authorized by parts A, B, and C of title II of the Act; (2) 
     $10,000,000 shall be available for expenses authorized by 
     sections 281 and 282 of part D of title II of the Act for 
     prevention and treatment programs relating to juvenile gangs; 
     (3) $10,000,000 shall be available for expenses authorized by 
     section 285 of part E of title II of the Act; (4) $4,000,000 
     shall be available for expenses authorized by part G of title 
     II of the Act for juvenile mentoring programs; and (5) 
     $20,000,000 shall be available for expenses authorized by 
     title V of the Act for incentive grants for local delinquency 
     prevention programs.
       In addition, for grants, contracts, cooperative agreements, 
     and other assistance authorized by the Victims of Child Abuse 
     Act of 1990, as amended, $4,500,000, to remain available 
     until expended, as authorized by section 214B, of the Act: 
     Provided, That balances of amounts appropriated prior to 
     fiscal year 1995 under the authorities of this account shall 
     be transferred to and merged with this account.


                    public safety officers benefits

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

               General Provisions--Department of Justice

       Sec. 101. In addition to amounts otherwise made available 
     in this title for official reception and representation 
     expenses, a total of not to exceed $45,000 from funds 
     appropriated to the Department of Justice in this title shall 
     be available to the Attorney General for official reception 
     and representation expenses in accordance with distributions, 
     procedures, and regulations established by the Attorney 
     General.
       Sec. 102. Subject to section 102(b) of the Department of 
     Justice and Related Agencies Appropriations Act, 1993, as 
     amended by section 112 of this Act, authorities contained in 
     Public Law 96-132, ``The Department of Justice Appropriation 
     Authorization Act, Fiscal Year 1980'', shall remain in effect 
     until the termination date of this Act or until the effective 
     date of a Department of Justice Appropriation Authorization 
     Act, whichever is earlier.
       Sec. 103. None of the funds appropriated by this title 
     shall be available to pay for an abortion, except where the 
     life of the mother would be endangered if the fetus were 
     carried to term, or in the case of rape: Provided, That 
     should this prohibition be declared unconstitutional by a 
     court of competent jurisdiction, this section shall be null 
     and void.
       Sec. 104. None of the funds appropriated under this title 
     shall be used to require any person to perform, or facilitate 
     in any way the performance of, any abortion.
       Sec. 105. Nothing in the preceding section shall remove the 
     obligation of the Director of the Bureau of Prisons to 
     provide escort services necessary for a female inmate to 
     receive such service outside the Federal facility: Provided, 
     That nothing in this section in any way diminishes the effect 
     of section 104 intended to address the philosophical beliefs 
     of individual employees of the Bureau of Prisons.
       Sec. 106. Notwithstanding any other provision of law, not 
     to exceed $10,000,000 of the funds made available in this Act 
     may be used to establish and publicize a program under which 
     publicly-advertised, extraordinary rewards may be paid, which 
     shall not be subject to spending limitations contained in 
     sections 3059 and 3072 of title 18, United States Code: 
     Provided, That any reward of $100,000 or more, up to a 
     maximum of $2,000,000, may not be made without the personal 
     approval of the President or the Attorney General and such 
     approval may not be delegated.
       Sec. 107. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Justice in this Act, including those derived from the Violent 
     Crime Reduction Trust Fund, may be transferred between such 
     appropriations, but no such appropriation, except ``salaries 
     and expenses, Community Relations Service'' or as otherwise 
     specifically provided, shall be increased by more than 10 
     percent by any such transfers: Provided, That any transfer 
     pursuant to this section shall be treated as a reprogramming 
     of funds under section 605 of this Act and shall not be 
     available for obligation or expenditure except in compliance 
     with the procedures set forth in that section.
       Sec. 108. For fiscal year 1996 and each fiscal year 
     thereafter, amounts in the Federal Prison System's Commissary 
     Fund, Federal Prisons, which are not currently needed for 
     operations, shall be kept on deposit or invested in 
     obligations of, or guaranteed by, the United States and all 
     earnings on such investment shall be deposited in the 
     Commissary Fund.
       Sec. 109. (a) Section 524(c)(8)(E) of title 28, United 
     States Code, is amended by deleting ``1994'' and inserting 
     ``1995'' in place thereof.
       (b) Section 524(c)(9) is amended to read as follows: ``(9) 
     Following the completion of procedures for the forfeiture of 
     property pursuant to any law enforced or administered by the 
     Department, the Attorney General is authorized, at his 
     discretion, to warrant clear title to any subsequent 
     purchaser or transferee of such property.''.
       Sec. 110. Hereafter, notwithstanding any other provision of 
     law--
       (1) No transfers may be made from Department of Justice 
     accounts other than those authorized in this Act, or in 
     previous or subsequent appropriations Acts for the Department 
     of Justice, or in part II of title 28 of the United States 
     Code, or in section 10601 of title 42 of the United States 
     Code; and
       (2) No appropriation account within the Department of 
     Justice shall have its allocation of funds controlled by 
     other than an apportionment issued by the Office of 
     Management and Budget or an allotment advice issued by the 
     Department of Justice.
       Sec. 111. (a) Section 1930(a)(6) of title 28, United States 
     Code, is amended by striking ``a plan is confirmed or''.
       (b) Section 589a(b)(5) of such title is amended by striking 
     ``;'' and inserting, ``until a reorganization plan is 
     confirmed;''.
       (c) Section 589a(f) of such title is amended--
       (1) in paragraph (2) by striking ``.'' and inserting, 
     ``until a reorganization plan is confirmed;'', and
       (2) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) 100 percent of the fees collected under section 
     1930(a)(6) of this title after a reorganization plan is 
     confirmed.''.
       Sec. 112. Public Law 102-395, section 102 is amended as 
     follows: (1) in subsection (b)(1) strike ``years 1993, 1994, 
     and 1995'' and insert

[[Page S2446]]

     ``year 1996''; (2) in subsection (b)(1)(C) strike ``years 
     1993, 1994, and 1995'' and insert ``year 1996''; and (3) in 
     subsection (b)(5)(A) strike ``years 1993, 1994, and 1995'' 
     and insert ``year 1996''.
       Sec. 113. Public Law 101-515 (104 Stat. 2112; 28 U.S.C. 534 
     note) is amended by inserting ``and criminal justice 
     information'' after ``for the automation of finger-print 
     identification''.
       Sec. 114. (a) Grant Program.--Subtitle A of title II of the 
     Violent Crime Control and Law Enforcement Act of 1994 is 
     amended to read as follows:
 ``Subtitle A--Violent Offender Incarceration and Truth-in-Sentencing 
                            Incentive Grants

     ``SEC. 20101. DEFINITIONS.

       ``As used in this subtitle--
       ``(1) the term `indeterminate sentencing' means a system by 
     which--
       ``(A) the court may impose a sentence of a range defined by 
     statute; and
       ``(B) an administrative agency, generally the parole board, 
     or the court, controls release within the statutory range;
       ``(2) the term `sentencing guidelines' means a system of 
     sentences which--
       ``(A) is established for use by a sentencing court in 
     determining the sentence to be imposed in a criminal case; 
     and
       ``(B) increases certainty in sentencing, thereby providing 
     assurances to victims of the sentence to be served;
       ``(3) 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
       ``(4) 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 
     Violent Offender Incarceration grants under section 20103(a) 
     and Truth-in-Sentencing Incentive grants under section 
     20103(b) to eligible States--
       ``(1) to build or expand correctional facilities to 
     increase the bed capacity for the confinement of persons 
     convicted of a part 1 violent crime or adjudicated delinquent 
     for an act which if committed by an adult, would be a part 1 
     violent crime;
       ``(2) to build or expand temporary or permanent 
     correctional facilities, including facilities on military 
     bases, prison barges, and boot camps, for the confinement of 
     convicted nonviolent offenders and criminal aliens, for the 
     purpose of freeing suitable existing prison space for the 
     confinement of persons convicted of a part 1 violent crime; 
     and
       ``(3) to build or expand jails.
       ``(b) Regional Compacts.--
       ``(1) In general.--Subject to paragraph (2), States may 
     enter into regional compacts to carry out this subtitle. Such 
     compacts shall be treated as States under this subtitle.
       ``(2) Requirement.--To be recognized as a regional compact 
     for eligibility for a grant under section 20103 (a) or (b), 
     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) Applicability.--Notwithstanding the eligibility 
     requirements of section 20103, 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 
     section 20103 of this subtitle.

     ``SEC. 20103. GRANT ELIGIBILITY.

       ``(a) Violent Offender Incarceration Grants.--To be 
     eligible to receive a grant under this subtitle, a State 
     shall submit an application to the Attorney General that 
     provides assurances that the State has implemented, or will 
     implement, correctional policies and programs, including 
     truth-in-sentencing laws that ensure that violent offenders 
     serve a substantial portion of the sentences imposed, that 
     are designed to provide sufficiently severe punishment for 
     violent offenders, including violent juvenile offenders, and 
     that the prison time served is appropriately related to the 
     determination that the inmate is a violent offender and for a 
     period of time deemed necessary to protect the public.
       ``(b) Truth-in-Sentencing Incentives.--
       ``(1) Eligibility.--To be eligible to receive an additional 
     grant award under this subsection, a State shall submit an 
     application to the Attorney General that demonstrates that--
       ``(A) such State has implemented truth-in-sentencing laws 
     that--
       ``(i) 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); or
       ``(ii) result in persons convicted of a part 1 violent 
     crime serving on average not less than 85 percent of the 
     sentence imposed (not counting time not actually served, such 
     as administrative or statutory incentives for good behavior);
       ``(B) 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 (not counting time not 
     actually served, such as administrative or statutory 
     incentives for good behavior);
       ``(C) 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, persons convicted of a part 1 violent crime in 
     such State on average serve not less than 85 percent of the 
     sentence established under the State's sentencing guidelines 
     (not counting time not actually served, such as 
     administrative or statutory incentives for good behavior); or
       ``(D) the number of new court commitments to prison for 
     part 1 violent crimes has increased by 10 percent or more 
     over the most recent 3-year period.
       ``(2) Exception.--Notwithstanding paragraph (1), a State 
     may provide that the Governor of the State may allow for the 
     earlier release of--
       ``(A) a geriatric prisoner; or
       ``(B) 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. 20104. 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 20105 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 section 20103.
       ``(b) Additional Requirement.--To be eligible to receive a 
     grant under section 20103, 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 section 20103, certifies to the Attorney 
     General that exigent circumstances exist that require the 
     State to expend funds to build or expand facilities to 
     confine juvenile offenders other than juvenile offenders 
     adjudicated delinquent for an act which, if committed by an 
     adult, would be a part 1 violent crime, 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.
       ``(e) Definition.--In a case in which a State defines a 
     part 1 violent crime differently than the definition provided 
     in the Uniform Crime Reports, the Attorney General shall 
     determine and designate whether the definition by such State 
     is substantially similar to the definition provided in the 
     Uniform Crime Reports.

     ``SEC. 20105. FORMULA FOR GRANTS.

       ``In determining the amount of funds that may be granted to 
     each State eligible to receive a grant under section 20103, 
     the Attorney General shall apply the following formula:
       ``(1) Minimum amount for grants under section 20103(a).--Of 
     the amount set aside for grants for section 20103(a), 0.75 
     percent shall be allocated to each eligible State, except 
     that the United States Virgin Islands, American Samoa, Guam, 
     and the Commonwealth of the Northern Mariana Islands shall 
     each be allocated 0.05 percent.
       ``(2) Minimum amount for grants under section 20103(b).--Of 
     the amount set aside for additional grant awards under 
     section 20103(b)--
       ``(A) if fewer than 20 States are awarded grants under 
     section 20103(b), 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 
     Commonwealth of the Northern Mariana Islands shall each be 
     allocated 0.05 percent; and
       ``(B) if 20 or more States are awarded grants under section 
     20103(b), 2.0 percent of the amounts awarded shall be 
     allocated to each eligible State, except that the United 
     States Virgin Islands, American Samoa, Guam, and the 
     Commonwealth of the Northern Mariana Islands shall each be 
     allocated 0.04 percent.
       ``(3) Allocation of additional amounts.--
       ``(A) Allocation of remaining amounts under section 
     20103(a).--The amounts remaining after the application of 
     paragraph (1) shall be allocated to each eligible State in 
     the ratio that the population of such State bears to the 
     population of all States.
       ``(B) Distribution of remaining amounts under section 
     20103(b).--The amounts remaining after the application of 
     paragraph (2) shall be allocated to each eligible State in 
     the ratio that the average annual number of part 1 violent 
     crimes reported by such State to the Federal Bureau of 
     Investigation for the 3 years preceding the year in which the 
     determination is made bears to the average annual number of 
     part 1 violent crimes reported by all such States to the 
     Federal Bureau of Investigation for the 3 years preceding the 
     year in which the determination is made.
       ``(C) 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

[[Page S2447]]

     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. 20106. 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. 20107. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--
       ``(1) Authorizations.--There are authorized to be 
     appropriated to carry out this subtitle--
       ``(A) $997,500,000 for fiscal year 1996;
       ``(B) $1,330,000,000 for fiscal year 1997;
       ``(C) $2,527,000,000 for fiscal year 1998;
       ``(D) $2,660,000,000 for fiscal year 1999; and
       ``(E) $2,753,100,000 for fiscal year 2000.
       ``(2) Distribution.--
       ``(A) In general.--Subject to section 20108, of the amount 
     appropriated pursuant to paragraph (1), the Attorney General 
     shall reserve--
       ``(i) in fiscal year 1996, 50 percent for grants under 
     section 20103(a), and 50 percent for additional incentive 
     awards under section 20103(b);
       ``(ii) in fiscal year 1997, 30 percent for grants under 
     section 20103(a), and 70 percent for additional incentive 
     awards under section 20103(b);
       ``(iii) in fiscal year 1998, 20 percent for grants under 
     section 20103(a), and 80 percent for additional incentive 
     awards under section 20103(b);
       ``(iv) in fiscal year 1999, 15 percent for grants under 
     section 20103(a), and 85 percent for additional incentive 
     awards under section 20103(b); and
       ``(v) in fiscal year 2000, 10 percent for grants under 
     section 20103(a), and 90 percent for additional incentive 
     awards under section 20103(b);
       ``(B) Distribution of minimum amounts.--The Attorney 
     General shall distribute minimum amounts allocated under 
     section 20105 (1) and (2) to an eligible State not later than 
     30 days after receiving an application that demonstrates that 
     such State qualifies for a Violent Offender Incarceration 
     grant under section 20103(a) or a Truth-in-Sentencing 
     Incentive grant under section 20103(b).
       ``(b) Limitations on Funds.--
       ``(1) Uses of funds.--Except as provided in section 20110, 
     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. 20108. PAYMENTS FOR INCARCERATION ON TRIBAL LANDS.

       ``(a) Reservation of Funds.--Notwithstanding any other 
     provision of this subtitle, from amounts appropriated under 
     section 20107 to carry out section 20103, 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. 20109. 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 20103, 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 20107, 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. 20110. 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 20107 for 
     each of fiscal years 1996 through 2000 such sums as may be 
     necessary to carry out this section.

     ``SEC. 20111. 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 section 20103, 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 20109 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--Violent Offender Incarceration and Truth-in-Sentencing 
                            Incentive Grants

``Sec. 20101. Definitions.
``Sec. 20102. Authorization of Grants.
``Sec. 20103. Grant eligibility.
``Sec. 20104. Special rules.
``Sec. 20105. Formula for grants.
``Sec. 20106. Accountability.
``Sec. 20107. Authorization of appropriations.
``Sec. 20108. Payments for Incarceration on Tribal Lands.
``Sec. 20109. Payments to eligible States for incarceration of criminal 
              aliens.
``Sec. 20110. Support of Federal prisoners in non-Federal institutions.
``Sec. 20111. Report by the Attorney General.''.
       Sec. 115. Notwithstanding provisions of 41 U.S.C. 353 or 
     any other provision of law, the Federal Prison System may 
     enter into contracts and other agreements with private 
     entities for a period not to exceed 3 years and 7 additional 
     option years for the confinement of Federal prisoners.
       Sec. 116. The pilot debt collection project authorized by 
     Public Law 99-578, as amended, is extended through September 
     30, 1997.
       Sec. 117. The definition of ``educational expenses'' in 
     Section 200103 of the Violent Crime Control and Law 
     Enforcement Act of 1994, Public Law 103-322 is amended to 
     read as follows:
       ``educational expenses'' means expenses that are directly 
     attributable to--
       (A) a course of education leading to the award of the 
     baccalaureate degree; or
       (B) a course of graduate study following award of a 
     baccalaureate degree,
     including the cost of tuition, fees, books, supplies, 
     transportation, room and board and miscellaneous expenses.
       Sec. 118. (a) State Compatibility With Federal Bureau of 
     Investigation Systems.--(1) The Attorney General shall make 
     funds available to the chief executive officer of each State 
     to carry out the activities described in paragraph (2).
       (2) Uses.--The executive officer of each State shall use 
     the funds made available under this subsection in conjunction 
     with units of local government, other States, or combinations 
     thereof, to carry out all or part of a program to establish, 
     develop, update, or upgrade--
       (A) computerized identification systems that are compatible 
     and integrated with the databases of the National Crime 
     Information Center of the Federal Bureau of Investigation;

[[Page S2448]]

       (B) ballistics identification programs that are compatible 
     and integrated with the Drugfire Program of the Federal 
     Bureau of Investigation;
       (C) the capability to analyze deoxyribonucleic acid (DNA) 
     in a forensic laboratory in ways that are compatible and 
     integrated with the combined DNA Identification System 
     (CODIS) of the Federal Bureau of Investigation; and
       (D) automated fingerprint identification systems that are 
     compatible and integrated with the Integrated Automated 
     Fingerprint Identification System (IAFIS) of the Federal 
     Bureau of Investigation.
       (b) Eligibility.--To be eligible to receive a grant under 
     this section, a State shall require that each person 
     convicted of a felony of a sexual nature shall provide a 
     sample of blood, saliva, or other specimen necessary to 
     conduct a DNA analysis consistent with the standards 
     established for DNA testing by the Director of the Federal 
     Bureau of Investigation.
       (c) Interstate Compacts.--A State may enter into a compact 
     or compacts with another State or States to carry out this 
     section.
       (d) Allocation.--The Attorney General shall allocate the 
     funds appropriated under subsection (e) to each State based 
     on the following formula:
       (1) .25 percent shall be allocated to each of the 
     participating States.
       (2) Of the total funds remaining after the allocation under 
     paragraph (1), each State shall be allocated an amount that 
     bears the same ratio to the amount of such funds as the 
     population of such State bears to the population of all 
     States.
       (e) Appropriation.--$11,800,000 is appropriated to carry 
     out the provisions in this section and shall remain available 
     until expended.
       This title may be cited as the ``Department of Justice 
     Appropriations Act, 1996''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative


                         salaries and expenses

       For necessary expenses of the Office of the United States 
     Trade Representative, including the hire of passenger motor 
     vehicles and the employment of experts and consultants as 
     authorized by 5 U.S.C. 3109, $20,889,000, of which $2,500,000 
     shall remain available until expended: Provided, That not to 
     exceed $98,000 shall be available for official reception and 
     representation expenses.

                     International Trade Commission


                         salaries and expenses

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

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     operations and administration

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

                         Export Administration


                     operations and administration

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

                  Economic Development Administration


                economic development assistance programs

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


                         salaries and expenses

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

                  Minority Business Development Agency


                     minority business development

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

                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 charge Federal agencies for 
     spectrum management, analysis, and operations, and related 
     services: Provided further, That 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 related services 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

[[Page S2449]]

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


                   information infrastructure grants

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

                      Patent and Trademark Office


                         salaries and expenses

       For necessary expenses of the Patent and Trademark Office 
     provided for by law, including defense of suits instituted 
     against the Commissioner of Patents and Trademarks; 
     $82,324,000, to remain available until expended: Provided, 
     That the funds made available under this heading are to be 
     derived from deposits in the Patent and Trademark Office Fee 
     Surcharge Fund as authorized by law: Provided further, That 
     the amounts made available under the Fund shall not exceed 
     amounts deposited; and such fees as shall be collected 
     pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, shall 
     remain available until expended.

                         Science and Technology

             National Institute of Standards and Technology


             scientific and technical research and services

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


                     industrial technology services

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


                  construction of research facilities

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

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities

                     (including transfer of funds)

       For necessary expenses of activities authorized by law for 
     the National Oceanic and Atmospheric Administration, 
     including acquisition, maintenance, operation, and hire of 
     aircraft; not to exceed 358 commissioned officers on the 
     active list; grants, contracts, or other payments to 
     nonprofit organizations for the purposes of conducting 
     activities pursuant to cooperative agreements; and 
     alteration, modernization, and relocation of facilities as 
     authorized by 33 U.S.C. 883i; $1,802,677,000, 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 $1,799,677,000: 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

[[Page S2450]]

     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       Sec. 206. (a) Should legislation be enacted to dismantle or 
     reorganize the Department of Commerce, the Secretary of 
     Commerce, no later than 90 days thereafter, shall submit to 
     the Committees on Appropriations of the House and the Senate 
     a plan for transferring funds provided in this Act to the 
     appropriate successor organizations: Provided, That the plan 
     shall include a proposal for transferring or rescinding funds 
     appropriated herein for agencies or programs terminated under 
     such legislation: Provided further, That such plan shall be 
     transmitted in accordance with section 605 of this Act.
       (b) The Secretary of Commerce or the appropriate head of 
     any successor organization(s) may use any available funds to 
     carry out legislation dismantling or reorganizing the 
     Department of Commerce to cover the costs of actions relating 
     to the abolishment, reorganization or transfer of functions 
     and any related personnel action, including voluntary 
     separation incentives if authorized by such legislation: 
     Provided, That the authority to transfer funds between 
     appropriations accounts that may be necessary to carry out 
     this section is provided in addition to authorities included 
     under section 205 of this Act: Provided further, That use of 
     funds to carry out this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section: 
     Provided further, That no monies appropriated under this Act 
     or any other law shall be used by the Secretary of Commerce 
     to issue final determinations under 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 Endangered Species 
     Act, and may be used to issue emergency listings under 
     section 4(b)(7) of the Endangered Species Act.
       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.
       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,

[[Page S2451]]

     $17,914,000; of which $1,800,000 shall remain available 
     through September 30, 1997, to provide education and training 
     to Federal court personnel; and of which not to exceed $1,000 
     is authorized for official reception and representation 
     expenses.

                       Judicial Retirement Funds


                    payment to judiciary trust funds

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

                  United States Sentencing Commission


                         salaries and expenses

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

                   General Provisions--The Judiciary

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

           TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    diplomatic and consular programs

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


                         salaries and expenses

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


                        capital investment fund

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


                      office of inspector general

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


                       representation allowances

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


              protection of foreign missions and officials

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


           security and maintenance of united states missions

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


           emergencies in the diplomatic and consular service

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


                   repatriation loans program account

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


              payment to the american institute in taiwan

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


     payment to the foreign service retirement and disability fund

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

              International Organizations and Conferences


              contributions to international organizations

       For expenses, not otherwise provided for, necessary to meet 
     annual obligations of membership in international 
     multilateral organizations, pursuant to treaties ratified 
     pursuant to the advice and consent of the Senate, conventions 
     or specific Acts of Congress, $700,000,000: Provided,

[[Page S2452]]

     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, 
     $35,700,000, of which not to exceed $50,000 shall be for 
     official reception and representation expenses as authorized 
     by the Act of September 26, 1961, as amended (22 U.S.C. 2551 
     et seq.).

                    United States Information Agency


                         salaries and expenses

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


                            technology fund

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


               educational and cultural exchange programs

       For expenses of educational and cultural exchange programs, 
     as authorized by the Mutual Educational and Cultural Exchange 
     Act of 1961, as amended (22 U.S.C. 2451 et seq.), and 
     Reorganization Plan No. 2 of 1977 (91 Stat. 1636), 
     $200,000,000, to remain available until expended as 
     authorized by 22 U.S.C. 2455: Provided, That $1,800,000 of 
     this amount shall be available for the Mike Mansfield 
     Fellowship Program as authorized by section 252 of Public Law 
     103-236.


           eisenhower exchange fellowship program trust fund

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


                    israeli arab scholarship program

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


              american studies collections endowment fund

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


                 international broadcasting operations

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

[[Page S2453]]

     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. 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.
       Sec. 406. Section 36(a)(1) of the State Department 
     Authorities Act of 1956, as amended (22 U.S.C. 2708), is 
     amended to delete ``may pay a reward'' and insert in lieu 
     thereof ``shall establish and publicize a program under which 
     rewards may be paid''.
       Sec. 407. Section 8 of the Eisenhower Exchange Fellowship 
     Act of 1990 is amended in the last sentence by striking 
     ``fiscal year 1995'' and inserting ``fiscal year 1999''.
       Sec. 408. Sections 6(a) and 6(b) of Public Law 101-454 are 
     repealed. 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 1996-1998.
       Sec. 409. It is the sense of the Senate that none of the 
     funds appropriated or otherwise made available pursuant to 
     this Act should be used for the deployment of combat-equipped 
     forces of the Armed Forces of the United States for any 
     ground operations in Bosnia and Herzegovina unless--
       (1) Congress approves in advance the deployment of such 
     forces of the Armed Forces; or
       (2) the temporary deployment of such forces of the Armed 
     Forces of the United States into Bosnia and Herzegovina is 
     necessary to evacuate United Nations peacekeeping forces from 
     a situation of imminent danger, to undertake emergency air 
     rescue operations, or to provide for the airborne delivery of 
     humanitarian supplies, and the President reports as soon as 
     practicable to Congress after the initiation of the temporary 
     deployment, but in no case later than 48 hours after the 
     initiation of the deployment.
       Sec. 410. Any costs incurred by a Department or agency 
     funded under this title resulting from personnel actions 
     taken in response to funding reductions included in this 
     title shall be absorbed within the total budgetary resources 
     available to such Department or agency: Provided, That the 
     authority to transfer funds between appropriations accounts 
     as may be necessary to carry out this provision is provided 
     in addition to authorities included elsewhere in this Act: 
     Provided further, That use of funds to carry out this section 
     shall be treated as a reprogramming of funds under section 
     605 of this Act and shall not be available for obligation or 
     expenditure except in compliance with the procedures set 
     forth in that section.
       Sec. 411. Section 235 of the Foreign Relations 
     Authorization Act, Fiscal Years 1990 and 1991 (Public Law 
     101-246) is amended by inserting ``Tinian,'' after ``Sao 
     Tome,''.
       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 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

[[Page S2454]]

     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.

                     Competitiveness Policy Council


                         salaries and expenses

       For necessary expenses of the Competitiveness Policy 
     Council, $100,000.

                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; $195,709,000, of which not to 
     exceed $300,000 shall remain available until September 30, 
     1997, for research and policy studies: Provided, That 
     $136,400,000 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 $136,400,000 in 
     fiscal year 1996 shall remain available until expended, but 
     shall not be available for obligation until October 1, 1996: 
     Provided further, That the Commission shall amend its 
     schedule of regulatory fees set forth in section 1.1153 of 
     title 47, CFR, authorized by section 9 of title I of the 
     Communications Act of 1934, as amended by: (1) striking 
     ``$22,420'' in the Annual Regulatory Fee column for VHF 
     Commercial Markets 1 through 10 and inserting ``$32,000''; 
     (2) striking ``$19,925'' in the Annual Regulatory Fee column 
     for VHF Commercial Markets 11 through 25 and inserting 
     ``$26,000''; (3) striking ``$14,950'' in the Annual 
     Regulatory Fee column for VHF Commercial Markets 26 through 
     50 and inserting ``$17,000''; (4) striking ``$9,975'' in the 
     Annual Regulatory Fee column for VHF Commercial Markets 51 
     through 100 and inserting ``$9,000''; (5) striking ``$6,225'' 
     in the Annual Regulatory Fee column for VHF Commercial 
     Remaining Markets and inserting ``$2,500''; and (6) striking 
     ``$17,925'' in the Annual Regulatory Fee column for UHF 
     Commercial Markets 1 through 10 and inserting ``$25,000''; 
     (7) striking ``$15,950'' in the Annual Regulatory Fee column 
     for UHF Commercial Markets 11 through 25 and inserting 
     ``$20,000''; (8) striking ``$11,950'' in the Annual 
     Regulatory Fee column for UHF Commercial Markets 26 through 
     50 and inserting ``$13,000''; (9) striking ``$7,975'' in the 
     Annual Regulatory Fee column for UHF Commercial Markets 51 
     through 100 and inserting ``$7,000''; and (10) striking 
     ``$4,975'' in the Annual Regulatory Fee column for UHF 
     Commercial Remaining Markets and inserting ``$2,000'': 
     Provided further, That the FCC shall pay the travel-related 
     expenses of the Federal-State Joint Board on Universal 
     Service for those activities described in the 
     Telecommunications Act of 1996 (47 U.S.C. 254(a)(1)).

                      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, $300,000,000, of which $290,750,000 is for basic 
     field programs and required independent audits carried out in 
     accordance with section 509; $250,000 is for a payment to an 
     opposing party for attorney's fees and expenses relating to 
     civil actions named In the Matter of Baby Boy Doe, and Doe v. 
     Roe and Indian tribe, with docket numbers 19512 and 21723 
     (Idaho February 23, 1996); $1,500,000 is for the Office of 
     the Inspector General, of which such amounts as may be 
     necessary may be used to conduct additional audits of 
     recipients in accordance with section 509 of this Act; and 
     $7,500,000 is for management and administration: Provided, 
     That $198,750,000 of the total amount provided under this 
     heading for basic field programs shall not be available 
     except for the competitive award of grants and contracts 
     under section 503 of this Act.


         Administrative Provisions--Legal Services Corporation

       Sec. 501. (a) Funds appropriated under this Act to the 
     Legal Services Corporation for basic field programs shall be 
     distributed as follows:
       (1) The Corporation shall define geographic areas and make 
     the funds available for each geographic area on a per capita 
     basis relative to the number of individuals in poverty 
     determined by the Bureau of the Census to be within the 
     geographic area, except as provided in paragraph (2)(B). 
     Funds for such a geographic area may be

[[Page S2455]]

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

     Provided, That upon establishment of reasonable cause that an 
     injunction is necessary to prevent probable, serious harm to 
     such potential plaintiff, a court of competent jurisdiction 
     may enjoin the disclosure of the identity of any potential 
     plaintiff pending the outcome of such litigation or 
     negotiations after notice and an opportunity for a hearing is 
     provided to potential parties to the litigation or the 
     negotiations: Provided further, That other parties to the 
     litigation or negotiation shall have access to the statement 
     of facts referred to in subparagraph (B) only through the 
     discovery process after litigation has begun;
       (9) unless--
       (A) prior to the provision of financial assistance--
       (i) if the person or entity is a nonprofit organization, 
     the governing board of the person or entity has set specific 
     priorities in writing, pursuant to section 1007(a)(2)(C)(i) 
     of the Legal Services Corporation Act (42 U.S.C. 
     2996f(a)(2)(C)(i)), of the types of matters and cases to 
     which the staff of the nonprofit organization shall devote 
     time and resources; and
       (ii) the staff of such person or entity has signed a 
     written agreement not to undertake cases or matters other 
     than in accordance with the specific priorities set by such 
     governing board, except in emergency situations defined by 
     such board and in accordance with the written procedures of 
     such board for such situations; and
       (B) the staff of such person or entity provides to the 
     governing board on a quarterly basis, and to the Corporation 
     on an annual basis, information on all cases or matters 
     undertaken other than cases or matters undertaken in 
     accordance with such priorities;
       (10) unless--
       (A) prior to receiving the financial assistance, such 
     person or entity agrees to maintain records of time spent on 
     each case or matter with respect to which the person or 
     entity is engaged;
       (B) any funds, including Interest on Lawyers Trust Account 
     funds, received from a source other than the Corporation by 
     the person or entity, and disbursements of such funds, are 
     accounted for and reported as receipts and disbursements, 
     respectively, separate and distinct from Corporation funds; 
     and
       (C) the person or entity agrees (notwithstanding section 
     1006(b)(3) of the Legal Services Corporation Act (42 U.S.C. 
     2996e(b)(3)) 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--

[[Page S2456]]

       (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) Nothing in this section shall be construed to prohibit 
     a recipient from using funds derived from a source other than 
     the Legal Services Corporation to comment on public 
     rulemaking or to respond to a written request for information 
     or testimony from a Federal, State or local agency, 
     legislative body or committee, or a member of such an agency, 
     body, or committee, so long as the response is made only to 
     the parties that make the request and the recipient does not 
     arrange for the request to be made.
       (f) As used in this section:
       (1) The term ``controlled substance'' has the meaning given 
     the term in section 102 of the Controlled Substances Act (21 
     U.S.C. 802).
       (2) The term ``covered individual'' means any person who--
       (A) except as provided in subparagraph (B), meets the 
     requirements of this Act and the Legal Services Corporation 
     Act relating to eligibility for legal assistance; and
       (B) may or may not be financially unable to afford legal 
     assistance.
       (3) The term ``public housing project'' has the meaning as 
     used within, and the term ``public housing agency'' has the 
     meaning given the term, in section 3 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437a).
       Sec. 505. None of the funds appropriated in this Act to the 
     Legal Services Corporation or provided by the Corporation to 
     any entity or person may be used to pay membership dues to 
     any private or nonprofit organization.
       Sec. 506. None of the funds appropriated in this Act to the 
     Legal Services Corporation may be used by any person or 
     entity receiving financial assistance from the Corporation to 
     file or pursue a lawsuit against the Corporation.
       Sec. 507. None of the funds appropriated in this Act to the 
     Legal Services Corporation may be used for any purpose 
     prohibited or contrary to any of the provisions of 
     authorization legislation for fiscal year 1996 for the Legal 
     Services Corporation that is enacted into law. Upon the 
     enactment of such Legal Services Corporation reauthorization 
     legislation, funding provided in this Act shall from that 
     date be subject to the provisions of that legislation and any 
     provisions in this Act that are inconsistent with that 
     legislation shall no longer have effect.
       Sec. 508. (a) The requirements of section 504 shall apply 
     to the activities of a recipient described in section 504, or 
     an employee of such a recipient, during the provision of 
     legal assistance for a case or matter, if the recipient or 
     employee begins to provide the legal assistance on or after 
     the date of enactment of this Act.
       (b) If the recipient or employee began to provide legal 
     assistance for the case or matter prior to the date of 
     enactment of this Act--
       (1) each of the requirements of section 504 (other than 
     paragraphs (7), (11), and (15) of subsection (a) of such 
     section) shall, beginning on the date of enactment of this 
     Act, apply to the activities of the recipient or employee 
     during the provision of legal assistance for the case or 
     matter; and
       (2) the requirements of paragraphs (7), (11), and (15) of 
     section 504(a) shall apply--
       (A) beginning on the date of enactment of this Act, to the 
     activities of the recipient or employee during the provision 
     of legal assistance for any additional related claim for 
     which the recipient or employee begins to provide legal 
     assistance on or after such date; and
       (B) beginning July 1, 1996, to all other activities of the 
     recipient or employee during the provision of legal 
     assistance for the case or matter.
       (c) The Legal Services Corporation shall, every 60 days, 
     submit to the Committees on Appropriations of the Senate and 
     House of Representatives a report setting forth the status of 
     cases and matters referred to in subsection (b)(2).
       Sec. 509. (a) An audit of each person or entity receiving 
     financial assistance from the Legal Services Corporation 
     under this Act (referred to in this section as a 
     ``recipient'') shall be conducted in accordance with 
     generally accepted government auditing standards and guidance 
     established by the Office of the Inspector General 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 and report all instances of noncompliance to the 
     recipient. The recipient shall report any noncompliance found 
     by the auditor during the audit under this section within 5 
     calendar days to the Office of the Inspector General. If the 
     recipient fails to report the noncompliance, the auditor 
     shall report the noncompliance directly to the Office of the 
     Inspector General within 5 calendar days of the recipient's 
     failure to report.
       (c) The audits required under this section shall be 
     provided for by the recipients and performed by independent 
     public accountants. The cost of such audits shall be shared 
     on a pro rata basis among all of the recipient's funding 
     providers and the appropriate share shall be an allowable 
     charge to the Federal funds provided by

[[Page S2457]]

     the Legal Services Corporation. No audit costs may be charged 
     to the Federal funds when the audit required by this section 
     has not been made in accordance with the guidance promulgated 
     by the Office of the Inspector General.
       If the recipient fails to have an acceptable audit in 
     accordance with the guidance promulgated by the Office of the 
     Inspector General, the following sanctions shall be available 
     to the Corporation as recommended by the Office of the 
     Inspector General:
       (1) the withholding of a percentage of the recipient's 
     funding until the audit is completed satisfactorily.
       (2) the suspension of recipient's funding until an 
     acceptable audit is completed.
       (d) The Office of the Inspector General may remove, 
     suspend, or bar an independent public accountant, upon a 
     showing of good cause, from performing audit services 
     required by this section. The Office of the Inspector General 
     shall develop and issue rules of practice to implement this 
     paragraph.
       (e) Any independent public accountant performing an audit 
     under this section who subsequently ceases to be the 
     accountant for the recipient shall promptly notify the Office 
     of the Inspector General pursuant to such rules as the Office 
     of the Inspector General shall prescribe.
       (f) 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)).
       (g) The Office of the Inspector General is authorized to 
     conduct on-site monitoring, audits, and inspections in 
     accordance with Federal standards.
       (h) Notwithstanding section 1006(b)(3) of the Legal 
     Services Corporation Act (42 U.S.C. 2996e(b)(3)), financial 
     records, time records, retainer agreements, client trust fund 
     and eligibility records, and client names, for each recipient 
     shall be made available to any auditor or monitor of the 
     recipient, including any Federal department or agency that is 
     auditing or monitoring the activities of the Corporation or 
     of the recipient, and any independent auditor or monitor 
     receiving Federal funds to conduct such auditing or 
     monitoring, including any auditor or monitor of the 
     Corporation, except for reports or records subject to the 
     attorney-client privilege.
       (i) The Legal Services Corporation shall not disclose any 
     name or document referred to in subsection (h), 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.
       (j) The recipient management shall be responsible for 
     expeditiously resolving all reported audit reportable 
     conditions, findings, and recommendations, including those of 
     sub-recipients.
       (k) The Legal Services Corporation shall--
       (1) Follow up on significant reportable conditions, 
     findings, and recommendations found by the independent public 
     accountants and reported to Corporation management by the 
     Office of the Inspector General to ensure that instances of 
     deficiencies and noncompliance are resolved in a timely 
     manner, and
       (2) Develop procedures to ensure effective follow-up that 
     meet at a minimum the requirements of Office of Management 
     and Budget Circular Number A-50.
       (l) 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.

                      Ounce of Prevention Council

       For activities authorized by sections 30101 and 30102 of 
     Public Law 103-322 (including administrative costs), 
     $1,500,000, to remain available until expended, for the Ounce 
     of Prevention Grant Program: Provided, That the Council may 
     accept and use gifts and donations, both real and personal, 
     for the purpose of aiding or facilitating the authorized 
     activities of the Council, of which not to exceed $5,000 may 
     be used for official reception and representation expenses.

                   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.

[[Page S2458]]

       Sec. 602. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 603. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 604. If any provision of this Act or the application 
     of such provision to any person or circumstances shall be 
     held invalid, the remainder of the Act and the application of 
     each provision to persons or circumstances other than those 
     as to which it is held invalid shall not be affected thereby.
       Sec. 605 (a) None of the funds provided under this Act, or 
     provided under previous Appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 1996, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds which (1) creates new programs; (2) 
     eliminates a program, project, or activity; (3) increases 
     funds or personnel by any means for any project or activity 
     for which funds have been denied or restricted; (4) relocates 
     an office or employees; (5) reorganizes offices, programs, or 
     activities; or (6) contracts out or privatizes any functions 
     or activities presently performed by Federal employees; 
     unless the Appropriations Committees of both Houses of 
     Congress are notified fifteen days in advance of such 
     reprogramming of funds.
       (b) None of the funds provided under this Act, or provided 
     under previous Appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 1996, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming of funds in 
     excess of $500,000 or 10 percent, whichever is less, that (1) 
     augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or (3) results from any general 
     savings from a reduction in personnel which would result in a 
     change in existing programs, activities, or projects as 
     approved by Congress; unless the Appropriations Committees of 
     both Houses of Congress are notified fifteen days in advance 
     of such reprogramming of funds.
       Sec. 606. None of the funds made available in this Act may 
     be used for the construction, repair (other than emergency 
     repair), overhaul, conversion, or modernization of vessels 
     for the National Oceanic and Atmospheric Administration in 
     shipyards located outside of the United States.
       Sec. 607. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.
       Sec. 608. None of the funds made available in this Act may 
     be used to implement, administer, or enforce any guidelines 
     of the Equal Employment Opportunity Commission covering 
     harassment based on religion, when it is made known to the 
     Federal entity or official to which such funds are made 
     available that such guidelines do not differ in any respect 
     from the proposed guidelines published by the Commission on 
     October 1, 1993 (58 Fed. Reg. 51266).
       Sec. 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.
       Sec. 616. Section 201(a) of Public Law 104-99 is repealed.

                         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, 
     $95,500,000 are rescinded.

                            RELATED AGENCIES

                    United States Information Agency


                           radio construction

                              (rescission)

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

                  TITLE VIII--PRISON LITIGATION REFORM

     SEC. 801. SHORT TITLE.

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

     SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.

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

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

       ``(a) Requirements for Relief.--
       ``(1) Prospective relief.--(A) Prospective relief in any 
     civil action with respect to prison conditions shall extend 
     no further than necessary to correct the violation of the 
     Federal right of a particular plaintiff or plaintiffs. The 
     court shall not grant or approve any prospective relief 
     unless the court finds that such relief is narrowly drawn, 
     extends no further than necessary to correct the violation of 
     the Federal right, and is the least intrusive means necessary 
     to correct the violation of the Federal right. The court 
     shall give substantial weight to any adverse impact on public 
     safety or the operation of a criminal justice system caused 
     by the relief.
       ``(B) The court shall not order any prospective relief that 
     requires or permits a government official to exceed his or 
     her authority under State or local law or otherwise violates 
     State or local law, unless--
       ``(i) Federal law permits such relief to be ordered in 
     violation of State or local law;
       ``(ii) the relief is necessary to correct the violation of 
     a Federal right; and
       ``(iii) no other relief will correct the violation of the 
     Federal right.
       ``(C) Nothing in this section shall be construed to 
     authorize the courts, in exercising their remedial powers, to 
     order the construction of prisons or the raising of taxes, or 
     to repeal or detract from otherwise applicable limitations on 
     the remedial powers of the courts.
       ``(2) Preliminary injunctive relief.--In any civil action 
     with respect to prison conditions, to the extent otherwise 
     authorized by law, the court may enter a temporary 
     restraining order or an order for preliminary injunctive 
     relief. Preliminary injunctive relief must be narrowly drawn, 
     extend no further than necessary to correct the harm the 
     court finds requires preliminary relief, and be the least 
     intrusive means necessary to correct that harm. The court 
     shall give substantial weight to any adverse impact on public 
     safety or the operation of a criminal justice system caused 
     by the preliminary relief and shall respect the principles of 
     comity set out in paragraph (1)(B) in tailoring any 
     preliminary relief. Preliminary injunctive relief shall 
     automatically expire on the date that is 90 days after its 
     entry, unless the court makes the findings required under 
     subsection (a)(1) for the entry of prospective relief and 
     makes the order final before the expiration of the 90-day 
     period.

[[Page S2459]]

       ``(3) Prisoner release order.--(A) In any civil action with 
     respect to prison conditions, no prisoner release order shall 
     be entered unless--
       ``(i) a court has previously entered an order for less 
     intrusive relief that has failed to remedy the deprivation of 
     the Federal right sought to be remedied through the prisoner 
     release order; and
       ``(ii) the defendant has had a reasonable amount of time to 
     comply with the previous court orders.
       ``(B) In any civil action in Federal court with respect to 
     prison conditions, a prisoner release order shall be entered 
     only by a three-judge court in accordance with section 2284 
     of title 28, if the requirements of subparagraph (E) have 
     been met.
       ``(C) A party seeking a prisoner release order in Federal 
     court shall file with any request for such relief, a request 
     for a three-judge court and materials sufficient to 
     demonstrate that the requirements of subparagraph (A) have 
     been met.
       ``(D) If the requirements under subparagraph (A) have been 
     met, a Federal judge before whom a civil action with respect 
     to prison conditions is pending who believes that a prison 
     release order should be considered may sua sponte request the 
     convening of a three-judge court to determine whether a 
     prisoner release order should be entered.
       ``(E) The three-judge court shall enter a prisoner release 
     order only if the court finds by clear and convincing 
     evidence that--
       ``(i) crowding is the primary cause of the violation of a 
     Federal right; and
       ``(ii) no other relief will remedy the violation of the 
     Federal right.
       ``(F) Any State or local official or unit of government 
     whose jurisdiction or function includes the appropriation of 
     funds for the construction, operation, or maintenance of 
     program facilities, or the prosecution or custody of persons 
     who may be released from, or not admitted to, a prison as a 
     result of a prisoner release order shall have standing to 
     oppose the imposition or continuation in effect of such 
     relief and to seek termination of such relief, and shall have 
     the right to intervene in any proceeding relating to such 
     relief.
       ``(b) Termination of Relief.--
       ``(1) Termination of prospective relief.--(A) In any civil 
     action with respect to prison conditions in which prospective 
     relief is ordered, such relief shall be terminable upon the 
     motion of any party or intervener--
       ``(i) 2 years after the date the court granted or approved 
     the prospective relief;
       ``(ii) 1 year after the date the court has entered an order 
     denying termination of prospective relief under this 
     paragraph; or
       ``(iii) in the case of an order issued on or before the 
     date of enactment of the Prison Litigation Reform Act, 2 
     years after such date of enactment.
       ``(B) Nothing in this section shall prevent the parties 
     from agreeing to terminate or modify relief before the relief 
     is terminated under subparagraph (A).
       ``(2) Immediate termination of prospective relief.--In any 
     civil action with respect to prison conditions, a defendant 
     or intervener shall be entitled to the immediate termination 
     of any prospective relief if the relief was approved or 
     granted in the absence of a finding by the court that the 
     relief is narrowly drawn, extends no further than necessary 
     to correct the violation of the Federal right, and is the 
     least intrusive means necessary to correct the violation of 
     the Federal right.
       ``(3) Limitation.--Prospective relief shall not terminate 
     if the court makes written findings based on the record that 
     prospective relief remains necessary to correct a current or 
     ongoing violation of the Federal right, extends no further 
     than necessary to correct the violation of the Federal right, 
     and that the prospective relief is narrowly drawn and the 
     least intrusive means to correct the violation.
       ``(4) Termination or modification of relief.--Nothing in 
     this section shall prevent any party or intervener from 
     seeking modification or termination before the relief is 
     terminable under paragraph (1) or (2), to the extent that 
     modification or termination would otherwise be legally 
     permissible.
       ``(c) Settlements.--
       ``(1) Consent decrees.--In any civil action with respect to 
     prison conditions, the court shall not enter or approve a 
     consent decree unless it complies with the limitations on 
     relief set forth in subsection (a).
       ``(2) Private settlement agreements.--(A) Nothing in this 
     section shall preclude parties from entering into a private 
     settlement agreement that does not comply with the 
     limitations on relief set forth in subsection (a), if the 
     terms of that agreement are not subject to court enforcement 
     other than the reinstatement of the civil proceeding that the 
     agreement settled.
       ``(B) Nothing in this section shall preclude any party 
     claiming that a private settlement agreement has been 
     breached from seeking in State court any remedy available 
     under State law.
       ``(d) State Law Remedies.--The limitations on remedies in 
     this section shall not apply to relief entered by a State 
     court based solely upon claims arising under State law.
       ``(e) Procedure for Motions Affecting Prospective Relief.--
       ``(1) Generally.--The court shall promptly rule on any 
     motion to modify or terminate prospective relief in a civil 
     action with respect to prison conditions.
       ``(2) Automatic stay.--Any prospective relief subject to a 
     pending motion shall be automatically stayed during the 
     period--
       ``(A)(i) beginning on the 30th day after such motion is 
     filed, in the case of a motion made under paragraph (1) or 
     (2) of subsection (b); or
       ``(ii) beginning on the 180th day after such motion is 
     filed, in the case of a motion made under any other law; and
       ``(B) ending on the date the court enters a final order 
     ruling on the motion.
       ``(f) Special Masters.--
       ``(1) In general.--(A) In any civil action in a Federal 
     court with respect to prison conditions, the court may 
     appoint a special master who shall be disinterested and 
     objective and who will give due regard to the public safety, 
     to conduct hearings on the record and prepare proposed 
     findings of fact.
       ``(B) The court shall appoint a special master under this 
     subsection during the remedial phase of the action only upon 
     a finding that the remedial phase will be sufficiently 
     complex to warrant the appointment.
       ``(2) Appointment.--(A) If the court determines that the 
     appointment of a special master is necessary, the court shall 
     request that the defendant institution and the plaintiff each 
     submit a list of not more than 5 persons to serve as a 
     special master.
       ``(B) Each party shall have the opportunity to remove up to 
     3 persons from the opposing party's list.
       ``(C) The court shall select the master from the persons 
     remaining on the list after the operation of subparagraph 
     (B).
       ``(3) Interlocutory appeal.--Any party shall have the right 
     to an interlocutory appeal of the judge's selection of the 
     special master under this subsection, on the ground of 
     partiality.
       ``(4) Compensation.--The compensation to be allowed to a 
     special master under this section shall be based on an hourly 
     rate not greater than the hourly rate established under 
     section 3006A for payment of court-appointed counsel, plus 
     costs reasonably incurred by the special master. Such 
     compensation and costs shall be paid with funds appropriated 
     to the Judiciary.
       ``(5) Regular review of appointment.--In any civil action 
     with respect to prison conditions in which a special master 
     is appointed under this subsection, the court shall review 
     the appointment of the special master every 6 months to 
     determine whether the services of the special master continue 
     to be required under paragraph (1). In no event shall the 
     appointment of a special master extend beyond the termination 
     of the relief.
       ``(6) Limitations on powers and duties.--A special master 
     appointed under this subsection--
       ``(A) may be authorized by a court to conduct hearings and 
     prepare proposed findings of fact, which shall be made on the 
     record;
       ``(B) shall not make any findings or communications ex 
     parte;
       ``(C) may be authorized by a court to assist in the 
     development of remedial plans; and
       ``(D) may be removed at any time, but shall be relieved of 
     the appointment upon the termination of relief.
       ``(g) Definitions.--As used in this section--
       ``(1) the term `consent decree' means any relief entered by 
     the court that is based in whole or in part upon the consent 
     or acquiescence of the parties but does not include private 
     settlements;
       ``(2) the term `civil action with respect to prison 
     conditions' means any civil proceeding arising under Federal 
     law with respect to the conditions of confinement or the 
     effects of actions by government officials on the lives of 
     persons confined in prison, but does not include habeas 
     corpus proceedings challenging the fact or duration of 
     confinement in prison;
       ``(3) the term `prisoner' means any person subject to 
     incarceration, detention, or admission to any facility who is 
     accused of, convicted of, sentenced for, or adjudicated 
     delinquent for, violations of criminal law or the terms and 
     conditions of parole, probation, pretrial release, or 
     diversionary program;
       ``(4) the term `prisoner release order' includes any order, 
     including a temporary restraining order or preliminary 
     injunctive relief, that has the purpose or effect of reducing 
     or limiting the prison population, or that directs the 
     release from or nonadmission of prisoners to a prison;
       ``(5) the term `prison' means any Federal, State, or local 
     facility that incarcerates or detains juveniles or adults 
     accused of, convicted of, sentenced for, or adjudicated 
     delinquent for, violations of criminal law;
       ``(6) the term `private settlement agreement' means an 
     agreement entered into among the parties that is not subject 
     to judicial enforcement other than the reinstatement of the 
     civil proceeding that the agreement settled;
       ``(7) the term `prospective relief' means all relief other 
     than compensatory monetary damages;
       ``(8) the term `special master' means any person appointed 
     by a Federal court pursuant to Rule 53 of the Federal Rules 
     of Civil Procedure or pursuant to any inherent power of the 
     court to exercise the powers of a master, regardless of the 
     title or description given by the court; and
       ``(9) the term `relief' means all relief in any form that 
     may be granted or approved by the court, and includes consent 
     decrees but does not include private settlement 
     agreements.''.
       (b) Application of Amendment.--
       (1) In general.--Section 3626 of title 18, United States 
     Code, as amended by this section, shall apply with respect to 
     all prospective relief whether such relief was originally 
     granted or approved before, on, or after the date of the 
     enactment of this title.
       (2) Technical amendment.--Subsections (b) and (d) of 
     section 20409 of the Violent Crime Control and Law 
     Enforcement Act of 1994 are repealed.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of subchapter C of chapter 229 of title 18, United 
     States Code, is amended to read as follows:

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

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

       (a) Initiation of Civil Actions.--Section 3(c) of the Civil 
     Rights of Institutionalized Persons

[[Page S2460]]

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

     ``SEC. 7. SUITS BY PRISONERS.

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

     SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.

       (a) Filing Fees.--Section 1915 of title 28, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``(a) Any'' and inserting ``(a)(1) Subject 
     to subsection (b), any'';
       (B) by striking ``and costs'';
       (C) by striking ``makes affidavit'' and inserting ``submits 
     an affidavit that includes a statement of all assets such 
     prisoner possesses'';
       (D) by striking ``such costs'' and inserting ``such fees'';
       (E) by striking ``he'' each place it appears and inserting 
     ``the person'';
       (F) by adding immediately after paragraph
       (1), the following new paragraph:
       ``(2) A prisoner seeking to bring a civil action or appeal 
     a judgment in a civil action or proceeding without prepayment 
     of fees or security therefor, in addition to filing the 
     affidavit filed under paragraph (1), shall submit a certified 
     copy of the trust fund account statement (or institutional 
     equivalent) for the prisoner for the 6-month period 
     immediately preceding the filing of the complaint or notice 
     of appeal, obtained from the appropriate official of each 
     prison at which the prisoner is or was confined.''; and
       (G) by striking ``An appeal'' and inserting ``(3) An 
     appeal'';
       (2) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (c), (d), (e), and (f), respectively;
       (3) by inserting after subsection (a) the following new 
     subsection:
       ``(b)(1) Notwithstanding subsection (a), if a prisoner 
     brings a civil action or files an appeal in forma pauperis, 
     the prisoner shall be required to pay the full amount of a 
     filing fee. The court shall assess and, when funds exist, 
     collect, as a partial payment of any court fees required by 
     law, an initial partial filing fee of 20 percent of the 
     greater of--
       ``(A) the average monthly deposits to the prisoner's 
     account; or
       ``(B) the average monthly balance in the prisoner's account 
     for the 6-month period immediately preceding the filing of 
     the complaint or notice of appeal.
       ``(2) After payment of the initial partial filing fee, the 
     prisoner shall be required to make monthly payments of 20 
     percent of the preceding month's income credited to the 
     prisoner's account. The agency having custody of the prisoner 
     shall forward payments from the prisoner's account to the 
     clerk of the court each time the amount in the account 
     exceeds $10 until the filing fees are paid.
       ``(3) In no event shall the filing fee collected exceed the 
     amount of fees permitted by statute for the commencement of a 
     civil action or an appeal of a civil action or criminal 
     judgment.
       ``(4) In no event shall a prisoner be prohibited from 
     bringing a civil action or appealing a civil or criminal 
     judgment for the reason that the prisoner has no assets and 
     no means by which to pay the initial partial filing fee.'';
       (4) in subsection (c), as redesignated by paragraph (2), by 
     striking ``subsection (a) of this section'' and inserting 
     ``subsections (a) and (b) and the prepayment of any partial 
     filing fee as may be required under subsection (b)''; and
       (5) by amending subsection (e), as redesignated by 
     paragraph (2), to read as follows:
       ``(e)(1) The court may request an attorney to represent any 
     person unable to afford counsel.
       ``(2) Notwithstanding any filing fee, or any portion 
     thereof, that may have been paid, the court shall dismiss the 
     case at any time if the court determines that--
       ``(A) the allegation of poverty is untrue; or
       ``(B) the action or appeal--
       ``(i) is frivolous or malicious;
       ``(ii) fails to state a claim on which relief may be 
     granted; or
       ``(iii) seeks monetary relief against a defendant who is 
     immune from such relief.''.
       (b) Exception to Discharge of Debt in Bankruptcy 
     Proceeding.--Section 523(a) of title 11, United States Code, 
     is amended--
       (1) in paragraph (16), by striking the period at the end 
     and inserting ``; or''; and
       (2) by adding at the end the following new paragraph:
       ``(17) for a fee imposed by a court for the filing of a 
     case, motion, complaint, or appeal, or for other costs and 
     expenses assessed with respect to such filing, regardless of 
     an assertion of poverty by the debtor under section 1915 (b) 
     or

[[Page S2461]]

     (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 District of Columbia 
     Appropriations Act, 1996 at a rate of operations and to the 
     extent and in the manner provided as follows, to be effective 
     as if it had been enacted into law as the regular 
     appropriations Act:

                                 AN ACT

       Making appropriations for the government of the District of 
     Columbia and other activities chargeable in whole or in part 
     against the revenues of said District for the fiscal year 
     ending September 30, 1996, and for other purposes.

                TITLE I--FISCAL YEAR 1996 APPROPRIATIONS

              Federal Payment to the District of Columbia

       For payment to the District of Columbia for the fiscal year 
     ending September 30, 1996, $660,000,000, as authorized by 
     section 502(a) of the District of Columbia Self-Government 
     and Governmental Reorganization Act, Public Law 93-198, as 
     amended (D.C. Code, sec. 47-3406.1).

                Federal Contribution to Retirement Funds

       For the Federal contribution to the Police Officers and 
     Fire Fighters', Teachers', and Judges' Retirement Funds, as 
     authorized by the District of Columbia Retirement Reform Act, 
     approved November 17, 1979 (93 Stat. 866; Public Law 96-122), 
     $52,070,000.

               Federal Contribution for Education Reform

       For a Federal contribution to Education Reform, $14,930,000 
     which shall be deposited into an escrow account of the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority, pursuant to section 205 of Public Law 
     104-8, approved April 17, 1995 (109 Stat. 131), and shall be 
     disbursed from such account pursuant to the instructions of 
     the Authority and in accordance with title II of this Act, 
     where applicable, as follows:
       $200,000 shall be available for payments to charter 
     schools;
       $300,000 shall be available for the Public Charter School 
     Board;
       $2,000,000 shall be transferred directly, notwithstanding 
     any other provision of law, to the United States Department 
     of Education for awarding grants to carry out Even Start 
     programs in the District of Columbia as provided for in 
     Subtitle C of title II of this Act;
       $1,250,000 shall be available to establish core curriculum, 
     content standards, and assessments;
       $500,000 shall be available for payment to the 
     Administrator of the General Services Administration for the 
     costs of developing engineering plans for donated work on 
     District of Columbia public school facilities;
       $100,000 shall be available to develop a plan for a 
     residential school;
       $860,000 shall be available for the District Education and 
     Learning Technologies Advancement Council;
       $1,450,000 shall be available to the District Employment 
     and Learning Center;
       $1,000,000 shall be available for a professional 
     development program for teachers and administrators 
     administered by the nonprofit corporation selected under 
     section 2701 of title II of this Act;
       $1,450,000 shall be available for the Jobs for D.C. 
     Graduates Program;
       $70,000 shall be available for the Everybody Wins program: 
     Provided, That $35,000 of this

[[Page S2462]]

     amount shall not be available until the Superintendent 
     certifies to the Chairman of the District of Columbia 
     Financial Responsibility and Management Assistance Authority 
     that he has raised a like amount from private sources;
       $100,000 shall be available for the Fit Kids program: 
     Provided, That $50,000 of this amount shall not be available 
     until the Superintendent certifies to the Chairman of the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority that he has raised a like amount from 
     private sources;
       $400,000 shall be available to the District of Columbia 
     Public Schools to improve security (such as installing 
     electronic door locking devices) at such schools, including 
     at a minimum the following schools: Winston Education Center; 
     McKinley High School; Ballou High School; and Cardozo High 
     School; and
       $5,250,000 shall be available pursuant to a plan developed 
     by the Superintendent of the District of Columbia Public 
     Schools, in consultation with public and private entities, 
     for repair, modernization, maintenance and planning 
     consistent with subtitle A and subtitle F of title II of this 
     Act, the August 14, 1995 recommendations of the 
     ``Superintendent's Task Force on Education Infrastructure for 
     the 21st Century'' and the June 13, 1995 ``Accelerating 
     Education Reform in the District of Columbia: Building on 
     BESST'': Provided, That not more than $250,000 of this amount 
     may be available for planning: Provided further, That these 
     funds shall be available for repair, modernization, 
     maintenance of classroom buildings: Provided further, That 
     these funds shall remain available until expended.

                          Division of Expenses

       The following amounts are appropriated for the District of 
     Columbia for the current fiscal year out of the general fund 
     of the District of Columbia, except as otherwise specifically 
     provided.

                   Governmental Direction and Support

       Governmental direction and support, $149,130,000 and 1,498 
     full-time equivalent positions (end of year) (including 
     $117,464,000 and 1,158 full-time equivalent positions from 
     local funds, $2,464,000 and 5 full-time equivalent positions 
     from Federal funds, $4,474,000 and 71 full-time equivalent 
     positions from other funds, and $24,728,000 and 264 full-time 
     equivalent positions from intra-District funds): Provided, 
     That not to exceed $2,500 for the Mayor, $2,500 for the 
     Chairman of the Council of the District of Columbia, and 
     $2,500 for the City Administrator shall be available from 
     this appropriation for expenditures for official purposes: 
     Provided further, That any program fees collected from the 
     issuance of debt shall be available for the payment of 
     expenses of the debt management program of the District of 
     Columbia: Provided further, That no revenues from Federal 
     sources shall be used to support the operations or activities 
     of the Statehood Commission and Statehood Compact Commission: 
     Provided further, That the District of Columbia shall 
     identify the sources of funding for Admission to Statehood 
     from its own locally-generated revenues: Provided further, 
     That $29,500,000 is for pay-as-you-go capital projects of 
     which $1,500,000 shall be for a capital needs assessment 
     study, and $28,000,000 shall be for a new financial 
     management system, if so determined following the evaluation 
     and review process subsequently described in this paragraph, 
     of which $2,000,000 shall be used to develop a needs analysis 
     and assessment of the existing financial management 
     environment, and the remaining $26,000,000 shall be used to 
     procure the necessary hardware and installation of new 
     software, conversion, testing and training: Provided further, 
     That the $26,000,000 shall not be obligated or expended 
     until: (1) the District of Columbia Financial Responsibility 
     and Management Assistance Authority submits a report to the 
     Committees on Appropriations of the House and the Senate, the 
     Committee on Governmental Reform and Oversight of the House, 
     and the Committee on Governmental Affairs of the Senate 
     reporting the results of a needs analysis and assessment of 
     the existing financial management environment, specifying the 
     deficiencies in, and recommending necessary improvements to 
     or replacement of the District's financial management system 
     including a detailed explanation of each recommendation and 
     its estimated cost; and (2) 30 days lapse after receipt of 
     the report by Congress.

                  Economic Development and Regulation

       Economic development and regulation, $140,983,000 and 1,692 
     full-time equivalent positions (end-of-year) (including 
     $68,203,000 and 698 full-time equivalent positions from local 
     funds, $38,792,000 and 509 full-time equivalent positions 
     from Federal funds, $17,658,000 and 258 full-time equivalent 
     positions from other funds, and $16,330,000 and 227 full-time 
     equivalent positions from intra-District funds): Provided, 
     That the District of Columbia Housing Finance Agency, 
     established by section 201 of the District of Columbia 
     Housing Finance Agency Act, effective March 3, 1979 (D.C. Law 
     2-135; D.C. Code, sec. 45-2111), based upon its capability of 
     repayments as determined each year by the Council of the 
     District of Columbia from the Housing Finance Agency's annual 
     audited financial statements to the Council of the District 
     of Columbia, shall repay to the general fund an amount equal 
     to the appropriated administrative costs plus interest at a 
     rate of four percent per annum for a term of 15 years, with a 
     deferral of payments for the first three years: Provided 
     further, That notwithstanding the foregoing provision, the 
     obligation to repay all or part of the amounts due shall be 
     subject to the rights of the owners of any bonds or notes 
     issued by the Housing Finance Agency and shall be repaid to 
     the District of Columbia government only from available 
     operating revenues of the Housing Finance Agency that are in 
     excess of the amounts required for debt service, reserve 
     funds, and operating expenses: Provided further, That upon 
     commencement of the debt service payments, such payments 
     shall be deposited into the general fund of the District of 
     Columbia.

                       Public Safety and Justice

       Public safety and justice, including purchase of 135 
     passenger-carrying vehicles for replacement only, including 
     130 for police-type use and five for fire-type use, without 
     regard to the general purchase price limitation for the 
     current fiscal year, $963,848,000 and 11,544 full-time 
     equivalent positions (end-of-year) (including $940,631,000 
     and 11,365 full-time equivalent positions from local funds, 
     $8,942,000 and 70 full-time equivalent positions from Federal 
     funds, $5,160,000 and 4 full-time equivalent positions from 
     other funds, and $9,115,000 and 105 full-time equivalent 
     positions from intra-District funds): Provided, That the 
     Metropolitan Police Department is authorized to replace not 
     to exceed 25 passenger-carrying vehicles and the Fire 
     Department of the District of Columbia is authorized to 
     replace not to exceed five passenger-carrying vehicles 
     annually whenever the cost of repair to any damaged vehicle 
     exceeds three-fourths of the cost of the replacement: 
     Provided further, That not to exceed $500,000 shall be 
     available from this appropriation for the Chief of Police for 
     the prevention and detection of crime: Provided further, That 
     the Metropolitan Police Department shall provide quarterly 
     reports to the Committees on Appropriations of the House and 
     Senate on efforts to increase efficiency and improve the 
     professionalism in the department: Provided further, That 
     notwithstanding any other provision of law, or Mayor's Order 
     86-45, issued March 18, 1986, the Metropolitan Police 
     Department's delegated small purchase authority shall be 
     $500,000: Provided further, That the District of Columbia 
     government may not require the Metropolitan Police Department 
     to submit to any other procurement review process, or to 
     obtain the approval of or be restricted in any manner by any 
     official or employee of the District of Columbia government, 
     for purchases that do not exceed $500,000: Provided further, 
     That $250,000 is used for the Georgetown Summer Detail; 
     $200,000 is used for East of the River Detail; $100,000 is 
     used for Adams Morgan Detail; and $100,000 is used for the 
     Capitol Hill Summer Detail: Provided further, That the 
     Metropolitan Police Department shall employ an authorized 
     level of sworn officers not to be less than 3,800 sworn 
     officers for the fiscal year ending September 30, 1996: 
     Provided further, That funds appropriated for expenses under 
     the District of Columbia Criminal Justice Act, approved 
     September 3, 1974 (88 Stat. 1090; Public Law 93-412; D.C. 
     Code, sec. 11-2601 et seq.), for the fiscal year ending 
     September 30, 1996, shall be available for obligations 
     incurred under the Act in each fiscal year since inception in 
     the fiscal year 1975: Provided further, That funds 
     appropriated for expenses under the District of Columbia 
     Neglect Representation Equity Act of 1984, effective March 
     13, 1985 (D.C. Law 5-129; D.C. Code, sec. 16-2304), for the 
     fiscal year ending September 30, 1996, shall be available for 
     obligations incurred under the Act in each fiscal year since 
     inception in the fiscal year 1985: Provided further, That 
     funds appropriated for expenses under the District of 
     Columbia Guardianship, Protective Proceedings, and Durable 
     Power of Attorney Act of 1986, effective February 27, 1987 
     (D.C. Law 6-204; D.C. Code, sec. 21-2060), for the fiscal 
     year ending September 30, 1996, shall be available for 
     obligations incurred under the Act in each fiscal year since 
     inception in fiscal year 1989: Provided further, That not to 
     exceed $1,500 for the Chief Judge of the District of Columbia 
     Court of Appeals, $1,500 for the Chief Judge of the Superior 
     Court of the District of Columbia, and $1,500 for the 
     Executive Officer of the District of Columbia Courts shall be 
     available from this appropriation for official purposes: 
     Provided further, That the District of Columbia shall operate 
     and maintain a free, 24-hour telephone information service 
     whereby residents of the area surrounding Lorton prison in 
     Fairfax County, Virginia, can promptly obtain information 
     from District of Columbia government officials on all 
     disturbances at the prison, including escapes, riots, and 
     similar incidents: Provided further, That the District of 
     Columbia government shall also take steps to publicize the 
     availability of the 24-hour telephone information service 
     among the residents of the area surrounding the Lorton 
     prison: Provided further, That not to exceed $100,000 of this 
     appropriation shall be used to reimburse Fairfax County, 
     Virginia, and Prince William County, Virginia, for expenses 
     incurred by the counties during the fiscal year ending 
     September 30, 1996, in relation to the Lorton prison complex: 
     Provided further, That such reimbursements shall be paid in 
     all instances in which the District requests the counties to 
     provide police, fire, rescue, and related services to help 
     deal with escapes, fires, riots, and similar disturbances 
     involving the prison: Provided further, That the Mayor shall 
     reimburse the District of Columbia National Guard for 
     expenses incurred in connection with services that are 
     performed in emergencies by the National Guard in a militia 
     status and are requested by the Mayor, in amounts that shall 
     be jointly determined and certified as due and payable for 
     these services by the Mayor and the Commanding General of the 
     District of Columbia National Guard: Provided further, That 
     such sums as may be necessary for reimbursement to the 
     District of Columbia National Guard under the preceding 
     proviso shall be available from this appropriation, and the 
     availability of the sums shall be deemed as constituting 
     payment in advance for emergency services involved.

                        Public Education System

       Public education system, including the development of 
     national defense education programs,

[[Page S2463]]

     $795,201,000 and 11,670 full-time equivalent positions (end-
     of-year) (including $676,251,000 and 9,996 full-time 
     equivalent positions from local funds, $87,385,000 and 1,227 
     full-time equivalent positions from Federal funds, 
     $21,719,000 and 234 full-time equivalent positions from other 
     funds, and $9,846,000 and 213 full-time equivalent positions 
     from intra-District funds), to be allocated as follows: 
     $580,996,000 and 10,167 full-time equivalent positions 
     (including $498,310,000 and 9,014 full-time equivalent 
     positions from local funds $75,786,000 and 1,058 full-time 
     equivalent positions from Federal funds, $4,343,000 and 44 
     full-time equivalent positions from other funds, and 
     $2,557,000 and 51 full-time equivalent positions from intra-
     District funds), for the public schools of the District of 
     Columbia; $111,800,000 (including $111,000,000 from local 
     funds and $800,000 from intra-District funds) shall be 
     allocated for the District of Columbia Teachers' Retirement 
     Fund; $79,396,000 and 1,079 full-time equivalent positions 
     (including $45,377,000 and 572 full-time equivalent positions 
     from local funds, $10,611,000 and 156 full-time equivalent 
     positions from Federal funds, $16,922,000 and 189 full-time 
     equivalent positions from other funds, and $6,486,000 and 162 
     full-time equivalent positions from intra-District funds) for 
     the University of the District of Columbia; $20,742,000 and 
     415 full-time equivalent positions (including $19,839,000 and 
     408 full-time equivalent positions from local funds, $446,000 
     and 6 full-time equivalent positions from Federal funds, 
     $454,000 and 1 full-time equivalent position from other 
     funds, and $3,000 from intra-District funds) for the Public 
     Library; $2,267,000 and 9 full-time equivalent positions 
     (including $1,725,000 and 2 full-time equivalent positions 
     from local funds and $542,000 and 7 full-time equivalent 
     positions from Federal funds) for the Commission on the Arts 
     and Humanities: Provided, That the public schools of the 
     District of Columbia are authorized to accept not to exceed 
     31 motor vehicles for exclusive use in the driver education 
     program: Provided further, That not to exceed $2,500 for the 
     Superintendent of Schools, $2,500 for the President of the 
     University of the District of Columbia, and $2,000 for the 
     Public Librarian shall be available from this appropriation 
     for expenditures for official purposes: Provided further, 
     That this appropriation shall not be available to subsidize 
     the education of nonresidents of the District of Columbia at 
     the University of the District of Columbia, unless the Board 
     of Trustees of the University of the District of Columbia 
     adopts, for the fiscal year ending September 30, 1996, a 
     tuition rate schedule that will establish the tuition rate 
     for nonresident students at a level no lower than the 
     nonresident tuition rate charged at comparable public 
     institutions of higher education in the metropolitan area.

                            Education Reform

       Education reform, $14,930,000, to be allocated as follows:
       $200,000 shall be available for payments to charter schools 
     as authorized under Subtitle B of title II of this Act;
       $300,000 shall be available for the Public Charter School 
     Board as authorized under Subtitle B of title II of this Act;
       $2,000,000 shall be transferred directly, notwithstanding 
     any other provision of law, to the United States Department 
     of Education for awarding grants to carry out Even Start 
     programs in the District of Columbia as provided for in 
     Subtitle C of title II of this Act;
       $1,250,000 shall be available to establish core curriculum, 
     content standards, and assessments as authorized under 
     Subtitle D of title II of this Act;
       $500,000 shall be available for payment to the 
     Administrator of the General Services Administration for the 
     costs of developing engineering plans for donated work on 
     District of Columbia public school facilities as authorized 
     under Subtitle F of title II of this Act;
       $100,000 shall be available to develop a plan for a 
     residential school as authorized under Subtitle G of title II 
     of this Act;
       $860,000 shall be available for the District Education and 
     Learning Technologies Advancement Council as authorized under 
     Subtitle I of title II of this Act;
       $1,450,000 shall be available to the District Employment 
     and Learning Center as authorized under Subtitle I of title 
     II of this Act;
       $1,000,000 shall be available for a professional 
     development program for teachers and administrators 
     administered by the nonprofit corporation selected under 
     section 2701 of title II of this Act as authorized under 
     Subtitle I of title II of this Act;
       $1,450,000 shall be available for the Jobs for D.C. 
     Graduates Program as authorized under Subtitle I of title II 
     of this Act;
       $70,000 shall be available for the Everybody Wins program;
       $100,000 shall be available for the Fit Kids program;
       $400,000 shall be available to the District of Columbia 
     Public Schools to improve security (such as installing 
     electronic door locking devices) at such schools, including 
     at a minimum the following schools: Winston Education Center; 
     McKinley High School; Ballou High School; and Cardozo High 
     School; and
       $5,250,000 shall be available pursuant to a plan developed 
     by the Superintendent of the District of Columbia Public 
     Schools, in consultation with public and private entities, 
     for repair, modernization, maintenance and planning 
     consistent with subtitle A and subtitle F of title II of this 
     Act, the August 14, 1995 recommendations of the 
     ``Superintendent's Task Force on Education Infrastructure for 
     the 21st Century'' and the June 13, 1995 ``Accelerating 
     Education Reform in the District of Columbia: Building on 
     BESST'': Provided, That not more than $250,000 of this amount 
     may be available for planning: Provided further, That these 
     funds shall be available for repair, modernization, 
     maintenance of classroom buildings: Provided further, That 
     these funds shall remain available until expended:

     Provided, That the District of Columbia government shall 
     enter into negotiations with Gallaudet University to 
     transfer, at a fair market value rate, Hamilton School from 
     the District of Columbia to Gallaudet University with the 
     proceeds, if such a sale takes place, deposited into the 
     general fund of the District and used to improve public 
     school facilities in the same ward as the Hamilton School.

                         Human Support Services

       Human support services, $1,855,014,000 and 6,469 full-time 
     equivalent positions (end-of-year) (including $1,076,856,000 
     and 3,650 full-time equivalent positions from local funds, 
     $726,685,000 and 2,639 full-time equivalent positions from 
     Federal funds, $46,799,000 and 66 full-time equivalent 
     positions from other funds, and $4,674,000 and 114 full-time 
     equivalent positions from intra-District funds): Provided, 
     That $26,000,000 of this appropriation, to remain available 
     until expended, shall be available solely for District of 
     Columbia employees' disability compensation: Provided 
     further, That the District shall not provide free government 
     services such as water, sewer, solid waste disposal or 
     collection, utilities, maintenance, repairs, or similar 
     services to any legally constituted private nonprofit 
     organization (as defined in section 411(5) of Public Law 100-
     77, approved July 22, 1987) providing emergency shelter 
     services in the District, if the District would not be 
     qualified to receive reimbursement pursuant to the Stewart B. 
     McKinney Homeless Assistance Act, approved July 22, 1987 (101 
     Stat. 485; Public Law 100-77; 42 U.S.C. 11301 et seq.).

                              Public Works

       Public works, including rental of one passenger-carrying 
     vehicle for use by the Mayor and three passenger-carrying 
     vehicles for use by the Council of the District of Columbia 
     and purchase of passenger-carrying vehicles for replacement 
     only, $297,568,000 and 1,914 full-time equivalent positions 
     (end-of-year) (including $225,915,000 and 1,158 full-time 
     equivalent positions from local funds, $2,682,000 and 32 
     full-time equivalent positions from Federal funds, 
     $18,342,000 and 68 full-time equivalent positions from other 
     funds, and $50,629,000 and 656 full-time equivalent positions 
     from intra-District funds): Provided, That this appropriation 
     shall not be available for collecting ashes or miscellaneous 
     refuse from hotels and places of business.

           Washington Convention Center Fund Transfer Payment

       For payment to the Washington Convention Center Enterprise 
     Fund, $5,400,000 from local funds.

                    Repayment of Loans and Interest

       For reimbursement to the United States of funds loaned in 
     compliance with An Act to provide for the establishment of a 
     modern, adequate, and efficient hospital center in the 
     District of Columbia, approved August 7, 1946 (60 Stat. 896; 
     Public Law 79-648); section 1 of An Act to authorize the 
     Commissioners of the District of Columbia to borrow funds for 
     capital improvement programs and to amend provisions of law 
     relating to Federal Government participation in meeting costs 
     of maintaining the Nation's Capital City, approved June 6, 
     1958 (72 Stat. 183; Public Law 85-451; D.C. Code, sec. 9-
     219); section 4 of An Act to authorize the Commissioners of 
     the District of Columbia to plan, construct, operate, and 
     maintain a sanitary sewer to connect the Dulles International 
     Airport with the District of Columbia system, approved June 
     12, 1960 (74 Stat. 211; Public Law 86-515); sections 723 and 
     743(f) of the District of Columbia Self-Government and 
     Governmental Reorganization Act of 1973, approved December 
     24, 1973, as amended (87 Stat. 821; Public Law 93-198; D.C. 
     Code, sec. 47-321, note; 91 Stat. 1156; Public Law 95-131; 
     D.C. Code, sec. 9-219, note), including interest as required 
     thereby, $327,787,000 from local funds.

                Repayment of General Fund Recovery Debt

       For the purpose of eliminating the $331,589,000 general 
     fund accumulated deficit as of September 30, 1990, 
     $38,678,000 from local funds, as authorized by section 461(a) 
     of the District of Columbia Self-Government and Governmental 
     Reorganization Act, approved December 24, 1973, as amended 
     (105 Stat. 540; Public Law 102-106; D.C. Code, sec. 47-
     321(a)).

             Repayment of Interest on Short-Term Borrowing

       For repayment of interest on short-term borrowing, 
     $9,698,000 from local funds.

             Pay Renegotiation or Reduction in Compensation

       The Mayor shall reduce appropriations and expenditures for 
     personal services in the amount of $46,409,000, by decreasing 
     rates of compensation for District government employees; such 
     decreased rates are to be realized from employees who are 
     subject to collective bargaining agreements to the extent 
     possible through the renegotiation of existing collective 
     bargaining agreements: Provided, That, if a sufficient 
     reduction from employees who are subject to collective 
     bargaining agreements is not realized through renegotiating 
     existing agreements, the Mayor shall decrease rates of 
     compensation for such employees, notwithstanding the 
     provisions of any collective bargaining agreements: Provided 
     further, That the Congress hereby ratifies and approves 
     legislation enacted by the Council of the District of 
     Columbia during fiscal year 1995 to reduce the compensation 
     and benefits of all employees of the District of Columbia 
     government during that fiscal year: Provided further, That 
     notwithstanding any other provision of

[[Page S2464]]

     law, the legislation enacted by the Council of the District 
     of Columbia during fiscal year 1995 to reduce the 
     compensation and benefits of all employees of the District of 
     Columbia government during that fiscal year shall be deemed 
     to have been ratified and approved by the Congress during 
     fiscal year 1995.

                             Rainy Day Fund

       For mandatory unavoidable expenditures within one or 
     several of the various appropriation headings of this Act, to 
     be allocated to the budgets for personal services and 
     nonpersonal services as requested by the Mayor and approved 
     by the Council pursuant to the procedures in section 4 of the 
     Reprogramming Policy Act of 1980, effective September 16, 
     1980 (D.C. Law 3-100; D.C. Code, sec. 47-363), $4,563,000 
     from local funds: Provided, That the District of Columbia 
     shall provide to the Committees on Appropriations of the 
     House of Representatives and the Senate quarterly reports by 
     the 15th day of the month following the end of the quarter 
     showing how monies provided under this fund are expended with 
     a final report providing a full accounting of the fund due 
     October 15, 1996 or not later than 15 days after the last 
     amount remaining in the fund is disbursed.

                        Incentive Buyout Program

       For the purpose of funding costs associated with the 
     incentive buyout program, to be apportioned by the Mayor of 
     the District of Columbia within the various appropriation 
     headings in this Act from which costs are properly payable, 
     $19,000,000.

                         Outplacement Services

       For the purpose of funding outplacement services for 
     employees who leave the District of Columbia government 
     involuntarily, $1,500,000.

                         Boards and Commissions

       The Mayor shall reduce appropriations and expenditures for 
     boards and commissions under the various headings in this Act 
     in the amount of $500,000.

                   Government Re-Engineering Program

       The Mayor shall reduce appropriations and expenditures for 
     personal and nonpersonal services in the amount of 
     $16,000,000 within one or several of the various 
     appropriation headings in this Act.

                             Capital Outlay


                        (including rescissions)

       For construction projects, $168,222,000 (including 
     $82,850,000 from local funds and $85,372,000 from Federal 
     funds), as authorized by An Act authorizing the laying of 
     water mains and service sewers in the District of Columbia, 
     the levying of assessments therefor, and for other purposes, 
     approved April 22, 1904 (33 Stat. 244; Public Law 58-140; 
     D.C. Code, secs. 43-1512 through 43-1519); the District of 
     Columbia Public Works Act of 1954, approved May 18, 1954 (68 
     Stat. 101; Public Law 83-364); An Act to authorize the 
     Commissioners of the District of Columbia to borrow funds for 
     capital improvement programs and to amend provisions of law 
     relating to Federal Government participation in meeting costs 
     of maintaining the Nation's Capital City, approved June 6, 
     1958 (72 Stat. 183; Public Law 85-451; including acquisition 
     of sites, preparation of plans and specifications, conducting 
     preliminary surveys, erection of structures, including 
     building improvement and alteration and treatment of grounds, 
     to remain available until expended: Provided, That 
     $105,660,000 from local funds appropriated under this heading 
     in prior fiscal years is rescinded: Provided further, That 
     funds for use of each capital project implementing agency 
     shall be managed and controlled in accordance with all 
     procedures and limitations established under the Financial 
     Management System: Provided further, That all funds provided 
     by this appropriation title shall be available only for the 
     specific projects and purposes intended: Provided further, 
     That notwithstanding the foregoing, all authorizations for 
     capital outlay projects, except those projects covered by the 
     first sentence of section 23(a) of the Federal-Aid Highway 
     Act of 1968, approved August 23, 1968 (82 Stat. 827; Public 
     Law 90-495; D.C. Code, sec. 7-134, note), for which funds are 
     provided by this appropriation title, shall expire on 
     September 30, 1997, except authorizations for projects as to 
     which funds have been obligated in whole or in part prior to 
     September 30, 1997: Provided further, That upon expiration of 
     any such project authorization the funds provided herein for 
     the project shall lapse.

                    Water and Sewer Enterprise Fund

       For the Water and Sewer Enterprise Fund, $242,253,000 and 
     1,024 full-time equivalent positions (end-of-year) (including 
     $237,076,000 and 924 full-time equivalent positions from 
     local funds, $433,000 from other funds, and $4,744,000 and 
     100 full-time equivalent positions from intra-District 
     funds), of which $41,036,000 shall be apportioned and payable 
     to the debt service fund for repayment of loans and interest 
     incurred for capital improvement projects.
       For construction projects, $39,477,000 from Federal funds, 
     as authorized by An Act authorizing the laying of water mains 
     and service sewers in the District of Columbia, the levying 
     of assessments therefor, and for other purposes, approved 
     April 22, 1904 (33 Stat. 244; Public Law 58-140; D.C. Code, 
     sec. 43-1512 et seq.): Provided, That the requirements and 
     restrictions that are applicable to general fund capital 
     improvement projects and set forth in this Act under the 
     Capital Outlay appropriation title shall apply to projects 
     approved under this appropriation title.

              Lottery and Charitable Games Enterprise Fund

       For the Lottery and Charitable Games Enterprise Fund, 
     established by the District of Columbia Appropriation Act for 
     the fiscal year ending September 30, 1982, approved December 
     4, 1981 (95 Stat. 1174, 1175; Public Law 97-91), as amended, 
     for the purpose of implementing the Law to Legalize 
     Lotteries, Daily Numbers Games, and Bingo and Raffles for 
     Charitable Purposes in the District of Columbia, effective 
     March 10, 1981 (D.C. Law 3-172; D.C. Code, secs. 2-2501 et 
     seq. and 22-1516 et seq.), $229,950,000 and 88 full-time 
     equivalent positions (end-of-year) (including $7,950,000 and 
     88 full-time equivalent positions for administrative expenses 
     and $222,000,000 for non-administrative expenses from revenue 
     generated by the Lottery Board), to be derived from non-
     Federal District of Columbia revenues: Provided, That the 
     District of Columbia shall identify the source of funding for 
     this appropriation title from the District's own locally-
     generated revenues: Provided further, That no revenues from 
     Federal sources shall be used to support the operations or 
     activities of the Lottery and Charitable Games Control Board.

                    Cable Television Enterprise Fund

       For the Cable Television Enterprise Fund, established by 
     the Cable Television Communications Act of 1981, effective 
     October 22, 1983 (D.C. Law 5-36; D.C. Code, sec. 43-1801 et 
     seq.), $2,351,000 and 8 full-time equivalent positions (end-
     of-year) (including $2,019,000 and 8 full-time equivalent 
     positions from local funds and $332,000 from other funds), of 
     which $572,000 shall be transferred to the general fund of 
     the District of Columbia.

                             Starplex Fund

       For the Starplex Fund, $6,580,000 from other funds for the 
     expenses incurred by the Armory Board in the exercise of its 
     powers granted by An Act To Establish A District of Columbia 
     Armory Board, and for other purposes, approved June 4, 1948 
     (62 Stat. 339; D.C. Code, sec. 2-301 et seq.) and the 
     District of Columbia Stadium Act of 1957, approved September 
     7, 1957 (71 Stat. 619; Public Law 85-300; D.C. Code, sec. 2-
     321 et seq.): Provided, That the Mayor shall submit a budget 
     for the Armory Board for the forthcoming fiscal year as 
     required by section 442(b) of the District of Columbia Self-
     Government and Governmental Reorganization Act, approved 
     December 24, 1973 (87 Stat. 824; Public Law 93-198; D.C. 
     Code, sec. 47-301(b)).

                         D.C. General Hospital

       For the District of Columbia General Hospital, established 
     by Reorganization Order No. 57 of the Board of Commissioners, 
     effective August 15, 1953, $115,034,000, of which $56,735,000 
     shall be derived by transfer as intra-District funds from the 
     general fund, $52,684,000 is to be derived from the other 
     funds, and $5,615,000 is to be derived from intra-District 
     funds.

                         D.C. Retirement Board

       For the D.C. Retirement Board, established by section 121 
     of the District of Columbia Retirement Reform Act of 1989, 
     approved November 17, 1989 (93 Stat. 866; D.C. Code, sec. 1-
     711), $13,440,000 and 11 full-time equivalent positions (end-
     of-year) from the earnings of the applicable retirement funds 
     to pay legal, management, investment, and other fees and 
     administrative expenses of the District of Columbia 
     Retirement Board: Provided, That the District of Columbia 
     Retirement Board shall provide to the Congress and to the 
     Council of the District of Columbia a quarterly report of the 
     allocations of charges by fund and of expenditures of all 
     funds: Provided further, That the District of Columbia 
     Retirement Board shall provide the Mayor, for transmittal to 
     the Council of the District of Columbia, an item accounting 
     of the planned use of appropriated funds in time for each 
     annual budget submission and the actual use of such funds in 
     time for each annual audited financial report.

                      Correctional Industries Fund

       For the Correctional Industries Fund, established by the 
     District of Columbia Correctional Industries Establishment 
     Act, approved October 3, 1964 (78 Stat. 1000; Public Law 88-
     622), $10,516,000 and 66 full-time equivalent positions (end-
     of-year) (including $3,415,000 and 22 full-time equivalent 
     positions from other funds and $7,101,000 and 44 full-time 
     equivalent positions from intra-District funds).

              Washington Convention Center Enterprise Fund

       For the Washington Convention Center Enterprise Fund, 
     $37,957,000, of which $5,400,000 shall be derived by transfer 
     from the general fund.

District of Columbia Financial Responsibility and Management Assistance 
                               Authority

       For the District of Columbia Financial Responsibility and 
     Management Assistance Authority, established by section 
     101(a) of the District of Columbia Financial Responsibility 
     and Management Assistance Act of 1995, approved April 17, 
     1995 (109 Stat. 97; Public Law 104-8), $3,500,000.

             Personal and Nonpersonal Services Adjustments

       Notwithstanding any other provision of law, the Chief 
     Financial Officer established under section 302 of Public Law 
     104-8, approved April 17, 1995 (109 Stat. 142) shall, on 
     behalf of the Mayor, adjust appropriations and expenditures 
     for personal and nonpersonal services, together with the 
     related full-time equivalent positions, in accordance with 
     the direction of the District of Columbia Financial 
     Responsibility and Management Assistance Authority such that 
     there is a net reduction of $165,837,000, within or among one 
     or several of the various appropriation headings in this Act, 
     pursuant to section 208 of Public Law 104-8, approved April 
     17, 1995 (109 Stat. 134).

                           General Provisions

       Sec. 101. 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

[[Page S2465]]

     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 102. Except as otherwise provided in this Act, all 
     vouchers covering expenditures of appropriations contained in 
     this Act shall be audited before payment by the designated 
     certifying official and the vouchers as approved shall be 
     paid by checks issued by the designated disbursing official.
       Sec. 103. Whenever in this Act, an amount is specified 
     within an appropriation for particular purposes or objects of 
     expenditure, such amount, unless otherwise specified, shall 
     be considered as the maximum amount that may be expended for 
     said purpose or object rather than an amount set apart 
     exclusively therefor.
       Sec. 104. Appropriations in this Act shall be available, 
     when authorized by the Mayor, for allowances for privately 
     owned automobiles and motorcycles used for the performance of 
     official duties at rates established by the Mayor: Provided, 
     That such rates shall not exceed the maximum prevailing rates 
     for such vehicles as prescribed in the Federal Property 
     Management Regulations 101-7 (Federal Travel Regulations).
       Sec. 105. Appropriations in this Act shall be available for 
     expenses of travel and for the payment of dues of 
     organizations concerned with the work of the District of 
     Columbia government, when authorized by the Mayor: Provided, 
     That the Council of the District of Columbia and the District 
     of Columbia Courts may expend such funds without 
     authorization by the Mayor.
       Sec. 106. There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making refunds and for the payment of judgments that have 
     been entered against the District of Columbia government: 
     Provided, That nothing contained in this section shall be 
     construed as modifying or affecting the provisions of section 
     11(c)(3) of title XII of the District of Columbia Income and 
     Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat. 
     78; Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
       Sec. 107. Appropriations in this Act shall be available for 
     the payment of public assistance without reference to the 
     requirement of section 544 of the District of Columbia Public 
     Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-
     101; D.C. Code, sec. 3-205.44), and for the non-Federal share 
     of funds necessary to qualify for Federal assistance under 
     the Juvenile Delinquency Prevention and Control Act of 1968, 
     approved July 31, 1968 (82 Stat. 462; Public Law 90-445, 42 
     U.S.C. 3801 et seq.).
       Sec. 108. 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. 109. No funds appropriated in this Act for the 
     District of Columbia government for the operation of 
     educational institutions, the compensation of personnel, or 
     for other educational purposes may be used to permit, 
     encourage, facilitate, or further partisan political 
     activities. Nothing herein is intended to prohibit the 
     availability of school buildings for the use of any community 
     or partisan political group during non-school hours.
       Sec. 110. The annual budget for the District of Columbia 
     government for the fiscal year ending September 30, 1997, 
     shall be transmitted to the Congress no later than April 15, 
     1996 or as provided for under the provisions of Public Law 
     104-8, approved April 17, 1995.
       Sec. 111. None of the funds appropriated in this Act shall 
     be made available to pay the salary of any employee of the 
     District of Columbia government whose name, title, grade, 
     salary, past work experience, and salary history are not 
     available for inspection by the House and Senate Committees 
     on Appropriations, the House Committee on Government Reform 
     and Oversight, District of Columbia Subcommittee, the 
     Subcommittee on Oversight of Government Management, of the 
     Senate Committee on Governmental Affairs, and the Council of 
     the District of Columbia, or their duly authorized 
     representative: Provided, That none of the funds contained in 
     this Act shall be made available to pay the salary of any 
     employee of the District of Columbia government whose name 
     and salary are not available for public inspection.
       Sec. 112. There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making payments authorized by the District of Columbia 
     Revenue Recovery Act of 1977, effective September 23, 1977 
     (D.C. Law 2-20; D.C. Code, sec. 47-421 et seq.).
       Sec. 113. No part of this appropriation shall be used for 
     publicity or propaganda purposes or implementation of any 
     policy including boycott designed to support or defeat 
     legislation pending before Congress or any State legislature.
       Sec. 114. At the start of the fiscal year, the Mayor shall 
     develop an annual plan, by quarter and by project, for 
     capital outlay borrowings: Provided, That within a reasonable 
     time after the close of each quarter, the Mayor shall report 
     to the Council of the District of Columbia and the Congress 
     the actual borrowings and spending progress compared with 
     projections.
       Sec. 115. The Mayor shall not borrow any funds for capital 
     projects unless the Mayor has obtained prior approval from 
     the Council of the District of Columbia, by resolution, 
     identifying the projects and amounts to be financed with such 
     borrowings.
       Sec. 116. The Mayor shall not expend any moneys borrowed 
     for capital projects for the operating expenses of the 
     District of Columbia government.
       Sec. 117. None of the funds appropriated by this Act may be 
     obligated or expended by reprogramming except pursuant to 
     advance approval of the reprogramming granted according to 
     the procedure set forth in the Joint Explanatory Statement of 
     the Committee of Conference (House Report No. 96-443), which 
     accompanied the District of Columbia Appropriation Act, 1980, 
     approved October 30, 1979 (93 Stat. 713; Public Law 96-93), 
     as modified in House Report No. 98-265, and in accordance 
     with the Reprogramming Policy Act of 1980, effective 
     September 16, 1980 (D.C. Law 3-100; D.C. Code, sec. 47-361 et 
     seq.): Provided, That for the fiscal year ending September 
     30, 1996 the above shall apply except as modified by Public 
     Law 104-8.
       Sec. 118. None of the Federal funds provided in this Act 
     shall be obligated or expended to provide a personal cook, 
     chauffeur, or other personal servants to any officer or 
     employee of the District of Columbia.
       Sec. 119. None of the Federal Funds provided in this Act 
     shall be obligated or expended to procure passenger 
     automobiles as defined in the Automobile Fuel Efficiency Act 
     of 1980, approved October 10, 1980 (94 Stat. 1824; Public Law 
     96-425; 15 U.S.C. 2001(2)), with an Environmental Protection 
     Agency estimated miles per gallon average of less than 22 
     miles per gallon: Provided, That this section shall not apply 
     to security, emergency rescue, or armored vehicles.
       Sec. 120. (a) Notwithstanding section 422(7) of the 
     District of Columbia Self-Government and Governmental 
     Reorganization Act of 1973, approved December 24, 1973 (87 
     Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(7)), the 
     City Administrator shall be paid, during any fiscal year, a 
     salary at a rate established by the Mayor, not to exceed the 
     rate established for level IV of the Executive Schedule under 
     5 U.S.C. 5315.
       (b) For purposes of applying any provision of law limiting 
     the availability of funds for payment of salary or pay in any 
     fiscal year, the highest rate of pay established by the Mayor 
     under subsection (a) of this section for any position for any 
     period during the last quarter of calendar year 1995 shall be 
     deemed to be the rate of pay payable for that position for 
     September 30, 1995.
       (c) Notwithstanding section 4(a) of the District of 
     Columbia Redevelopment Act of 1945, approved August 2, 1946 
     (60 Stat. 793; Public Law 79-592; D.C. Code, sec. 5-803(a)), 
     the Board of Directors of the District of Columbia 
     Redevelopment Land Agency shall be paid, during any fiscal 
     year, per diem compensation at a rate established by the 
     Mayor.
       Sec. 121. Notwithstanding any other provisions of law, the 
     provisions of the District of Columbia Government 
     Comprehensive Merit Personnel Act of 1978, effective March 3, 
     1979 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et seq.), 
     enacted pursuant to section 422(3) of the District of 
     Columbia Self-Government and Governmental Reorganization Act 
     of 1973, approved December 24, 1973 (87 Stat. 790; Public Law 
     93-198; D.C. Code, sec. 1-242(3)), shall apply with respect 
     to the compensation of District of Columbia employees: 
     Provided, That for pay purposes, employees of the District of 
     Columbia government shall not be subject to the provisions of 
     title 5 of the United States Code.
       Sec. 122. The Director of the Department of Administrative 
     Services may pay rentals and repair, alter, and improve 
     rented premises, without regard to the provisions of section 
     322 of the Economy Act of 1932 (Public Law 72-212; 40 U.S.C. 
     278a), upon a determination by the Director, that by reason 
     of circumstances set forth in such determination, the payment 
     of these rents and the execution of this work, without 
     reference to the limitations of section 322, is advantageous 
     to the District in terms of economy, efficiency, and the 
     District's best interest.
       Sec. 123. No later than 30 days after the end of the first 
     quarter of the fiscal year ending September 30, 1996, the 
     Mayor of the District of Columbia shall submit to the Council 
     of the District of Columbia the new fiscal year 1996 revenue 
     estimates as of the end of the first quarter of fiscal year 
     1996. These estimates shall be used in the budget request for 
     the fiscal year ending September 30, 1997. The officially 
     revised estimates at midyear shall be used for the midyear 
     report.
       Sec. 124. No sole source contract with the District of 
     Columbia government or any agency thereof may be renewed or 
     extended without opening that contract to the competitive 
     bidding process as set forth in section 303 of the District 
     of Columbia Procurement Practices Act of 1985, effective 
     February 21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3), 
     except that the District of Columbia Public Schools may renew 
     or extend sole source contracts for which competition is not 
     feasible or practical, provided that the determination as to 
     whether to invoke the competitive bidding process has been 
     made in accordance with duly promulgated Board of Education 
     rules and procedures.
       Sec. 125. For purposes of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, approved December 12, 1985 (99 
     Stat. 1037; Public Law 99-177), as amended, the term 
     ``program, project, and activity'' shall be synonymous with 
     and refer specifically to each account appropriating Federal 
     funds in this Act, and any sequestration order shall be 
     applied to each of the accounts rather than to the aggregate 
     total of those accounts: Provided, That sequestration orders 
     shall not be applied to any account that is specifically 
     exempted from sequestration by the Balanced Budget and 
     Emergency Deficit Control Act of 1985, approved December 12, 
     1985 (99 Stat. 1037; Public Law 99-177), as amended.
       Sec. 126. In the event a sequestration order is issued 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985, approved December 12, 1985 (99 Stat. 1037: 
     Public Law 99-177), as amended, after the amounts 
     appropriated to the District of Columbia for the fiscal year 
     involved have been paid to the District of Columbia, the 
     Mayor of the District of Columbia shall pay to the Secretary 
     of the Treasury, within 15 days after receipt of a request 
     therefor from the Secretary of the Treasury, such

[[Page S2466]]

     amounts as are sequestered by the order: Provided, That the 
     sequestration percentage specified in the order shall be 
     applied proportionately to each of the Federal appropriation 
     accounts in this Act that are not specifically exempted from 
     sequestration by the Balanced Budget and Emergency Deficit 
     Control Act of 1985, approved December 12, 1985 (99 Stat. 
     1037; Public Law 99-177), as amended.
       Sec. 127. For the fiscal year ending September 30, 1996, 
     the District of Columbia shall pay interest on its quarterly 
     payments to the United States that are made more than 60 days 
     from the date of receipt of an itemized statement from the 
     Federal Bureau of Prisons of amounts due for housing District 
     of Columbia convicts in Federal penitentiaries for the 
     preceding quarter.
       Sec. 128. Nothing in this Act shall be construed to 
     authorize any office, agency or entity to expend funds for 
     programs or functions for which a reorganization plan is 
     required but has not been approved by the Council pursuant to 
     section 422(12) of the District of Columbia Self-Government 
     and Governmental Reorganization Act of 1973, approved 
     December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C. 
     Code, sec. 1-242(12)) and the Governmental Reorganization 
     Procedures Act of 1981, effective October 17, 1981 (D.C. Law 
     4-42; D.C. Code, sec. 1-299.1 to 1-299.7). Appropriations 
     made by this Act for such programs or functions are 
     conditioned on the approval by the Council, prior to October 
     1, 1995, of the required reorganization plans.
       Sec. 129. (a) An entity of the District of Columbia 
     government may accept and use a gift or donation during 
     fiscal year 1996 if--
       (1) the Mayor approves the acceptance and use of the gift 
     or donation: Provided, That the Council of the District of 
     Columbia may accept and use gifts without prior approval by 
     the Mayor; and
       (2) the entity uses the gift or donation to carry out its 
     authorized functions or duties.
       (b) Each entity of the District of Columbia government 
     shall keep accurate and detailed records of the acceptance 
     and use of any gift or donation under subsection (a) of this 
     section, and shall make such records available for audit and 
     public inspection.
       (c) For the purposes of this section, the term ``entity of 
     the District of Columbia government'' includes an independent 
     agency of the District of Columbia.
       (d) This section shall not apply to the District of 
     Columbia Board of Education, which may, pursuant to the laws 
     and regulations of the District of Columbia, accept and use 
     gifts to the public schools without prior approval by the 
     Mayor.
       Sec. 130. None of the Federal funds provided in this Act 
     may be used by the District of Columbia to provide for 
     salaries, expenses, or other costs associated with the 
     offices of United States Senator or United States 
     Representative under section 4(d) of the District of Columbia 
     Statehood Constitutional Convention Initiatives of 1979, 
     effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-
     113(d)).

             Prohibition Against Use of Funds for Abortions

       Sec. 131. None of the funds appropriated under this Act 
     shall be expended for any abortion except where the life of 
     the mother would be endangered if the fetus were carried to 
     term or where the pregnancy is the result of an act of rape 
     or incest.

                  Prohibition on Domestic Partners Act

       Sec. 132. No funds made available pursuant to any provision 
     of this Act shall be used to implement or enforce any system 
     of registration of unmarried, cohabiting couples whether they 
     are homosexual, lesbian, or heterosexual, including but not 
     limited to registration for the purpose of extending 
     employment, health, or governmental benefits to such couples 
     on the same basis that such benefits are extended to legally 
     married couples; nor shall any funds made available pursuant 
     to any provision of this Act otherwise be used to implement 
     or enforce D.C. Act 9-188, signed by the Mayor of the 
     District of Columbia on April 15, 1992.

Compensation for the Commission on Judicial Disabilities and Tenure and 
                 for the Judicial Nomination Commission

       Sec. 133. Sections 431(f) and 433(b)(5) of the District of 
     Columbia Self-Government and Governmental Reorganization Act, 
     approved December 24, 1973 (87 Stat. 813; Public Law 93-198; 
     D.C. Code, secs. 11-1524 and title 11, App. 433), are amended 
     to read as follows:
       (a) Section 431(f) (D.C. Code, sec. 11-1524) is amended to 
     read as follows:
       ``(f) Members of the Tenure Commission shall serve without 
     compensation for services rendered in connection with their 
     official duties on the Commission.''.
       (b) Section 433(b)(5) (title 11, App. 433) is amended to 
     read as follows:
       ``(5) Members of the Commission shall serve without 
     compensation for services rendered in connection with their 
     official duties on the Commission.''.

                          Multiyear Contracts

       Sec. 134. Section 451 of the District of Columbia Self-
     Government and Governmental Reorganization Act of 1973, 
     approved December 24, 1973 (87 Stat. 803; Public Law 93-198; 
     D.C. Code, sec. 1-1130), is amended by adding a new 
     subsection (c) to read as follows:
       ``(c)(1) The District may enter into multiyear contracts to 
     obtain goods and services for which funds would otherwise be 
     available for obligation only within the fiscal year for 
     which appropriated.
       ``(2) If the funds are not made available for the 
     continuation of such a contract into a subsequent fiscal 
     year, the contract shall be cancelled or terminated, and the 
     cost of cancellation or termination may be paid from--
       ``(A) appropriations originally available for the 
     performance of the contract concerned;
       ``(B) appropriations currently available for procurement of 
     the type of acquisition covered by the contract, and not 
     otherwise obligated; or
       ``(C) funds appropriated for those payments.
       ``(3) No contract entered into under this section shall be 
     valid unless the Mayor submits the contract to the Council 
     for its approval and the Council approves the contract (in 
     accordance with criteria established by act of the Council). 
     The Council shall be required to take affirmative action to 
     approve the contract within 45 days. If no action is taken to 
     approve the contract within 45 calendar days, the contract 
     shall be deemed disapproved.''.

  Calculated Real Property Tax Rate Rescission and Real Property Tax 
                                 Freeze

       Sec. 135. The District of Columbia Real Property Tax 
     Revision Act of 1974, approved September 3, 1974 (88 Stat. 
     1051; D.C. Code, sec. 47-801 et seq.), is amended as follows:
       (1) Section 412 (D.C. Code, sec. 47-812) is amended as 
     follows:
       (A) Subsection (a) is amended by striking the third and 
     fourth sentences and inserting the following sentences in 
     their place: ``If the Council does extend the time for 
     establishing the rates of taxation on real property, it must 
     establish those rates for the tax year by permanent 
     legislation. If the Council does not establish the rates of 
     taxation of real property by October 15, and does not extend 
     the time for establishing rates, the rates of taxation 
     applied for the prior year shall be the rates of taxation 
     applied during the tax year.''.
       (B) A new subsection (a-2) is added to read as follows:
       ``(a-2) Notwithstanding the provisions of subsection (a) of 
     this section, the real property tax rates for taxable real 
     property in the District of Columbia for the tax year 
     beginning October 1, 1995, and ending September 30, 1996, 
     shall be the same rates in effect for the tax year beginning 
     October 1, 1993, and ending September 30, 1994.''.
       (2) Section 413(c) (D.C. Code, sec. 47-815(c)) is repealed.

                           Prisons Industries

       Sec. 136. Title 18 U.S.C. 1761(b) is amended by striking 
     the period at the end and inserting the phrase ``or not-for-
     profit organizations.'' in its place.

                         Reports on Reductions

       Sec. 137. Within 120 days of the effective date of this 
     Act, the Mayor shall submit to the Congress and the Council a 
     report delineating the actions taken by the executive to 
     effect the directives of the Council in this Act, including--
       (1) negotiations with representatives of collective 
     bargaining units to reduce employee compensation;
       (2) actions to restructure existing long-term city debt;
       (3) actions to apportion the spending reductions 
     anticipated by the directives of this Act to the executive 
     for unallocated reductions; and
       (4) a list of any position that is backfilled including 
     description, title, and salary of the position.

           Monthly Reporting Requirements--Board of Education

       Sec. 138. The Board of Education shall submit to the 
     Congress, Mayor, and Council of the District of Columbia no 
     later than fifteen (15) calendar days after the end of each 
     month a report that sets forth--
       (1) current month expenditures and obligations, year-to-
     date expenditures and obligations, and total fiscal year 
     expenditure projections vs. budget broken out on the basis of 
     control center, responsibility center, agency reporting code, 
     and object class, and for all funds, including capital 
     financing;
       (2) a breakdown of FTE positions and staff for the most 
     current pay period broken out on the basis of control center, 
     responsibility center, and agency reporting code within each 
     responsibility center, for all funds, including capital 
     funds;
       (3) a list of each account for which spending is frozen and 
     the amount of funds frozen, broken out by control center, 
     responsibility center, detailed object, and agency reporting 
     code, and for all funding sources;
       (4) a list of all active contracts in excess of $10,000 
     annually, which contains; the name of each contractor; the 
     budget to which the contract is charged broken out on the 
     basis of control center, responsibility center, and agency 
     reporting code; and contract identifying codes used by the 
     D.C. Public Schools; payments made in the last month and 
     year-to-date, the total amount of the contract and total 
     payments made for the contract and any modifications, 
     extensions, renewals; and specific modifications made to each 
     contract in the last month;
       (5) all reprogramming requests and reports that are 
     required to be, and have been, submitted to the Board of 
     Education; and
       (6) changes made in the last month to the organizational 
     structure of the D.C. Public Schools, displaying previous and 
     current control centers and responsibility centers, the names 
     of the organizational entities that have been changed, the 
     name of the staff member supervising each entity affected, 
     and the reasons for the structural change.

                     Monthly Reporting Requirement


                 university of the district of columbia

       Sec. 139. The University of the District of Columbia shall 
     submit to the Congress, Mayor, and Council of the District of 
     Columbia no later than fifteen (15) calendar days after the 
     end of each month a report that sets forth--
       (1) current month expenditures and obligations, year-to-
     date expenditures and obligations, and total fiscal year 
     expenditure projections vs. budget broken out on the basis of 
     control center, responsibility center, and object class, and 
     for all funds, including capital financing;

[[Page S2467]]

       (2) a breakdown of FTE positions and all employees for the 
     most current pay period broken out on the basis of control 
     center and responsibility center, for all funds, including 
     capital funds;
       (3) a list of each account for which spending is frozen and 
     the amount of funds frozen, broken out by control center, 
     responsibility center, detailed object, and for all funding 
     sources;
       (4) a list of all active contracts in excess of $10,000 
     annually, which contains: the name of each contractor; the 
     budget to which the contract is charged broken out on the 
     basis of control center and responsibility center, and 
     contract identifying codes used by the University of the 
     District of Columbia; payments made in the last month and 
     year-to-date, the total amount of the contract and total 
     payments made for the contract and any modifications, 
     extensions, renewals; and specific modifications made to each 
     contract in the last month;
       (5) all reprogramming requests and reports that have been 
     made by the University of the District of Columbia within the 
     last month in compliance with applicable law; and
       (6) changes in the last month to the organizational 
     structure of the University of the District of Columbia, 
     displaying previous and current control centers and 
     responsibility centers, the names of the organizational 
     entities that have been changed, the name of the staff member 
     supervising each entity affected, and the reasons for the 
     structural change.

                     Annual Reporting Requirements

       Sec. 140. (a) The Board of Education of the District of 
     Columbia and the University of the District of Columbia shall 
     annually compile an accurate and verifiable report on the 
     positions and employees in the public school system and the 
     university, respectively. The annual report shall set forth--
       (1) the number of validated schedule A positions in the 
     District of Columbia Public Schools and the University of the 
     District of Columbia for fiscal year 1995, fiscal year 1996, 
     and thereafter on full-time equivalent basis, including a 
     compilation of all positions by control center, 
     responsibility center, funding source, position type, 
     position title, pay plan, grade, and annual salary; and
       (2) a compilation of all employees in the District of 
     Columbia Public Schools and the University of the District of 
     Columbia as of the preceding December 31, verified as to its 
     accuracy in accordance with the functions that each employee 
     actually performs, by control center, responsibility center, 
     agency reporting code, program (including funding source), 
     activity, location for accounting purposes, job title, grade 
     and classification, annual salary, and position control 
     number.
       (b) The annual report required by subsection (a) of this 
     section shall be submitted to the Congress, the Mayor and 
     Council of the District of Columbia, by not later than 
     February 8 of each year.

                  Annual Budgets and Budget Revisions

       Sec. 141. (a) Not later than October 1, 1995, or within 15 
     calendar days after the date of the enactment of the District 
     of Columbia Appropriations Act, 1996, whichever occurs later, 
     and each succeeding year, the Board of Education and the 
     University of the District of Columbia shall submit to the 
     Congress, the Mayor, and Council of the District of Columbia, 
     a revised appropriated funds operating budget for the public 
     school system and the University of the District of Columbia 
     for such fiscal year that is in the total amount of the 
     approved appropriation and that realigns budgeted data for 
     personal services and other-than-personal services, 
     respectively, with anticipated actual expenditures.
       (b) The revised budget required by subsection (a) of this 
     section shall be submitted in the format of the budget that 
     the Board of Education and the University of the District of 
     Columbia submit to the Mayor of the District of Columbia for 
     inclusion in the Mayor's budget submission to the Council of 
     the District of Columbia pursuant to section 442 of the 
     District of Columbia Self-Government and Governmental 
     Reorganization Act, Public Law 93-198, as amended (D.C. Code, 
     sec. 47-301).

                            Budget Approval

       Sec. 142. The Board of Education the Board of Trustees of 
     the University of the District of Columbia, the Board of 
     Library Trustees, and the Board of Governors of the D.C. 
     School of Law shall vote on and approve their respective 
     annual or revised budgets before submission to the Mayor of 
     the District of Columbia for inclusion in the Mayor's budget 
     submission to the Council of the District of Columbia in 
     accordance with section 442 of the District of Columbia Self-
     Government and Governmental Reorganization Act, Public Law 
     93-198, as amended (D.C. Code, sec. 47-301), or before 
     submitting their respective budgets directly to the Council.

                   Public School Employee Evaluations

       Sec. 143. Notwithstanding any other provision of law, rule, 
     or regulation, the evaluation process and instruments for 
     evaluating District of Columbia Public Schools employees 
     shall be a non-negotiable item for collective bargaining 
     purposes.

                           Position Vacancies

       Sec. 144. (a) No agency, including an independent agency, 
     shall fill a position wholly funded by appropriations 
     authorized by this Act, which is vacant on October 1, 1995, 
     or becomes vacant between October 1, 1995, and September 30, 
     1996, unless the Mayor or independent agency submits a 
     proposed resolution of intent to fill the vacant position to 
     the Council. The Council shall be required to take 
     affirmative action on the Mayor's resolution within 30 
     legislative days. If the Council does not affirmatively 
     approve the resolution within 30 legislative days, the 
     resolution shall be deemed disapproved.
       (b) No reduction in the number of full-time equivalent 
     positions or reduction-in-force due to privatization or 
     contracting out shall occur if the District of Columbia 
     Financial Responsibility and Management Assistance Authority, 
     established by section 101(a) of the District of Columbia 
     Financial Responsibility and Management Assistance Act of 
     1995, approved April 17, 1995 (109 Stat. 97; Public Law 104-
     8), disallows the full-time equivalent position reduction 
     provided in this act in meeting the maximum ceiling of 35,984 
     for the fiscal year ending September 30, 1996.
       (c) This section shall not prohibit the appropriate 
     personnel authority from filling a vacant position with a 
     District government employee currently occupying a position 
     that is funded with appropriated funds.
       (d) This section shall not apply to local school-based 
     teachers, school-based officers, or school-based teachers' 
     aides; or court personnel covered by title 11 of the D.C. 
     Code, except chapter 23.

   Modifications of Board of Education Reduction-in-Force Procedures

       Sec. 145. The District of Columbia Government Comprehensive 
     Merit Personnel Act of 1978, effective March 3, 1979 (D.C. 
     Law 2-139; D.C. Code, sec. 1-601.1 et seq.), is amended as 
     follows:
       (a) Section 301 (D.C. Code, sec. 1-603.1) is amended as 
     follows:
       (1) A new paragraph (13A) is added to read as follows:
       ``(13A) `Nonschool-based personnel' means any employee of 
     the District of Columbia Public Schools who is not based at a 
     local school or who does not provide direct services to 
     individual students.''.
       (2) A new paragraph (15A) is added to read as follows:
       ``(15A) `School administrators' means principals, assistant 
     principals, school program directors, coordinators, 
     instructional supervisors, and support personnel of the 
     District of Columbia Public Schools.''.
       (b) Section 801A(b)(2) (D.C. Code, sec. 1-609.1(b)(2)) is 
     amended by adding a new subparagraph (L-i) to read as 
     follows:
       ``(L-i) Notwithstanding any other provision of law, the 
     Board of Education shall not issue rules that require or 
     permit nonschool-based personnel or school administrators to 
     be assigned or reassigned to the same competitive level as 
     classroom teachers;''
       (c) Section 2402 (D.C. Code, sec. 1-625.2) is amended by 
     adding a new subsection (f) to read as follows:
       ``(f) Notwithstanding any other provision of law, the Board 
     of Education shall not require or permit nonschool-based 
     personnel or school administrators to be assigned or 
     reassigned to the same competitive level as classroom 
     teachers.''.
       Sec. 146. (a) Notwithstanding any other provision of law, 
     rule, or regulation, an employee of the District of Columbia 
     Public Schools shall be--
       (1) classified as an Educational Service employee;
       (2) placed under the personnel authority of the Board of 
     Education; and
       (3) subject to all Board of Education rules.
       (b) School-based personnel shall constitute a separate 
     competitive area from nonschool-based personnel who shall not 
     compete with school-based personnel for retention purposes.
       Sec. 147. None of the funds provided in this Act may be 
     used directly or indirectly for the renovation of the 
     property located at 227 7th Street Southeast (commonly known 
     as Eastern Market), except that funds provided in this Act 
     may be used for the regular maintenance and upkeep of the 
     current structure and grounds located at such property.

                       Capital Project Employees

       Sec. 148. (a) Not later than 15 days after the end of every 
     fiscal quarter (beginning October 1, 1995), the Mayor shall 
     submit to the Council of the District of Columbia, the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority, and the Committees on Appropriations of 
     the House of Representatives and the Senate a report with 
     respect to the employees on the capital project budget for 
     the previous quarter.
       (b) Each report submitted pursuant to subsection (a) of 
     this section shall include the following information--
       (1) a list of all employees by position, title, grade and 
     step;
       (2) a job description, including the capital project for 
     which each employee is working;
       (3) the date that each employee began working on the 
     capital project and the ending date that each employee 
     completed or is projected to complete work on the capital 
     project; and
       (4) a detailed explanation justifying why each employee is 
     being paid with capital funds.

             Modification of Reduction-in-Force Procedures

       Sec. 149. The District of Columbia Government Comprehensive 
     Merit Personnel Act of 1978, effective March 3, 1979 (D.C. 
     Law 2-139; D.C. Code, sec. 1-601.1 et seq.), is amended as 
     follows:
       (a) Section 2401 (D.C. Code, sec. 1-625.1) is amended by 
     amending the third sentence to read as follows: ``A personnel 
     authority may establish lesser competitive areas within an 
     agency on the basis of all or a clearly identifiable segment 
     of an agency's mission or a division or major subdivision of 
     an agency.''.
       (b) A new section 2406 is added to read as follows:
       ``Sec. 2406. Abolishment of positions for Fiscal Year 1996.
       ``(a) Notwithstanding any other provision of law, 
     regulation, or collective bargaining agreement either in 
     effect or to be negotiated while this legislation is in 
     effect for the fiscal year

[[Page S2468]]

     ending September 30, 1996, each agency head is authorized, 
     within the agency head's discretion, to identify positions 
     for abolishment.
       ``(b) Prior to February 1, 1996, each personnel authority 
     shall make a final determination that a position within the 
     personnel authority is to be abolished.
       ``(c) Notwithstanding any rights or procedures established 
     by any other provision of this title, any District government 
     employee, regardless of date of hire, who encumbers a 
     position identified for abolishment shall be separated 
     without competition or assignment rights, except as provided 
     in this section.
       ``(d) An employee affected by the abolishment of a position 
     pursuant to this section who, but for this section would be 
     entitled to compete for retention, shall be entitled to 1 
     round of lateral competition pursuant to Chapter 24 of the 
     District of Columbia Personnel Manual, which shall be limited 
     to positions in the employee's competitive level.
       ``(e) Each employee who is a bona fide resident of the 
     District of Columbia shall have added 5 years to his or her 
     creditable service for reduction-in-force purposes. For 
     purposes of this subsection only, a nonresident District 
     employee who was hired by the District government prior to 
     January 1, 1980, and has not had a break in service since 
     that date, or a former employee of the U.S. Department of 
     Health and Human Services at Saint Elizabeths Hospital who 
     accepted employment with the District government on October 
     1, 1987, and has not had a break in service since that date, 
     shall be considered a District resident.
       ``(f) Each employee selected for separation pursuant to 
     this section shall be given written notice of at least 30 
     days before the effective date of his or her separation.
       ``(g) Neither the establishment of a competitive area 
     smaller than an agency, nor the determination that a specific 
     position is to be abolished, nor separation pursuant to his 
     section shall be subject to review except as follows--
       ``(1) an employee may file a complaint contesting a 
     determination or a separation pursuant to title XV of this 
     Act or section 303 of the Human Rights Act of 1977, effective 
     December 13, 1977 (D.C. Law 2-38; D.C. Code, sec. 1-2543); 
     and
       ``(2) an employee may file with the Office of Employee 
     Appeals an appeal contesting that the separation procedures 
     of subsections (d) and (f) of this section were not properly 
     applied.
       ``(h) An employee separated pursuant to this section shall 
     be entitled to severance pay in accordance with title XI of 
     this Act, except that the following shall be included in 
     computing creditable service for severance pay for employees 
     separated pursuant to this section--
       ``(1) four years for an employee who qualified for 
     veteran's preference under this act, and
       ``(2) three years for an employee who qualified for 
     residency preference under this Act.
       ``(i) Separation pursuant to this section shall not affect 
     an employee's rights under either the Agency Reemployment 
     Priority Program or the Displaced Employee Program 
     established pursuant to Chapter 24 of the District Personnel 
     Manual.
       ``(j) The Mayor shall submit to the Council a listing of 
     all positions to be abolished by agency and responsibility 
     center by March 1, 1996, or upon the delivery of termination 
     notices to individual employees.
       ``(k) Notwithstanding the provisions of section 1708 or 
     section 2402(d), the provisions of this act shall not be 
     deemed negotiable.
       ``(l) A personnel authority shall cause a 30-day 
     termination notice to be served, no later than September 1, 
     1996, on any incumbent employee remaining in any position 
     identified to be abolished pursuant to subsection (b) of this 
     section''.
       Sec. 150. (a) Ceiling on Total Operating Expenses.--
     Notwithstanding any other provision of law, the total amount 
     appropriated in this Act for operating expenses for the 
     District of Columbia for fiscal year 1996 under the caption 
     ``Division of Expenses'' shall not exceed $4,994,000,000 of 
     which $165,339,000 shall be from intra-District funds.
       (b) Acceptance and Use of Grants Not Included in Ceiling.--
       (1) In general.--Notwithstanding subsection (a), the Mayor 
     of the District of Columbia may accept, obligate, and expend 
     Federal, private, and other grants received by the District 
     government that are not reflected in the amounts appropriated 
     in this Act.
       (2) Requirement of chief financial officer report and 
     financial responsibility and management assistance authority 
     approval.--No such Federal, private, or other grant may be 
     accepted, obligated, or expended pursuant to paragraph (1) 
     until--
       (A) the Chief Financial Officer of the District submits to 
     the District of Columbia Financial Responsibility and 
     Management Assistance Authority established by Public Law 
     104-8 (109 Stat. 97) a report setting forth detailed 
     information regarding such grant; and
       (B) the District of Columbia Financial Responsibility and 
     Management Assistance Authority has reviewed and approved the 
     acceptance, obligation, and expenditure of such grant in 
     accordance with review and approval procedures consistent 
     with the provisions of Public Law 104-8.
       (3) Prohibition on spending in anticipation of approval or 
     receipt.--No amount may be obligated or expended from the 
     general fund or other funds of the District government in 
     anticipation of the approval or receipt of a grant under 
     paragraph (2)(B) or in anticipation of the approval or 
     receipt of a Federal, private, or other grant not subject to 
     such paragraph.
       (4) Monthly reports.--The Chief Financial Officer of the 
     District shall prepare a monthly report setting forth 
     detailed information regarding all Federal, private, and 
     other grants subject to this subsection. Each such report 
     shall be submitted to the Council of the District of 
     Columbia, and to the Committees on Appropriations of the 
     House of Representatives and the Senate, not later than 15 
     days after the end of the month covered by the report.

                 Plans for Lorton Correctional Complex

       Sec. 151. (a) Development of Plans.--Not later than March 
     15, 1996, the District of Columbia shall develop a series of 
     alternative plans meeting the requirements of subsection (b) 
     for the use and operation of the Lorton Correctional Complex 
     (hereafter in this section referred to as the ``Complex''), 
     including--
       (1) a plan under which the Complex will be closed;
       (2) a plan under which the Complex will remain in operation 
     under the management of the District of Columbia subject to 
     such modifications as the District considers appropriate;
       (3) a plan under which the Complex will be operated under 
     the management of the Federal government;
       (4) a plan under which the Complex will be operated under 
     private management; and
       (5) such other plans as the District of Columbia considers 
     appropriate.
       (b) Requirements for Plans.--Each of the plans developed by 
     the District of Columbia under subsection (a) shall meet the 
     following requirements:
       (1) The plan shall provide for an appropriate transition 
     period not to exceed 5 years in length.
       (2) The plan shall include provisions specifying how and to 
     what extent the District will utilize alternative management, 
     including the private sector, for the operation of 
     correctional facilities for the District, and shall include 
     provisions describing the treatment under such alternative 
     management (including under contracts) of site selection, 
     design, financing, construction, and operation of 
     correctional facilities for the District.
       (3) The plan shall include a description of any legislation 
     required to implenent the plan.
       (4) The plan shall include an implementation schedule, 
     together with specific performance measures and timelines to 
     determine the extent to which the District is meeting the 
     schedule during the transition period.
       (5) Under the plan, the Mayor of the District of Columbia 
     shall submit a semi-annual report to the President, Congress, 
     and the District of Columbia Financial Responsibility and 
     Management Assistance Authority describing the actions taken 
     by the District under the plan, and in addition shall 
     regularly report to the President, Congress, and the District 
     of Columbia Financial Responsibility and Management 
     Assistance Authority on all significant measures taken under 
     the plan as soon as such measures are taken.
       (6) For each of the years during which the plan is in 
     effect, the plan shall be consistent with the financial plan 
     and budget for the District of Columbia for the year under 
     subtitle A of title II of the District of Columbia Financial 
     Responsibility and Management Assistance Act of 1995.
       (c) Submission of Plan.--Upon completing the development of 
     the plans under subsection (a), the District of Columbia 
     shall submit the plans to the President, Congress, and the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority.

           Prohibition Against Adoption by Unmarried Couples

       Sec. 152. (a) In General.--Section 16-302, D.C. Code, is 
     amended--
       (1) by striking ``Any person'' and inserting ``(a) Subject 
     to subsection (b), any person''; and
       (2) by adding at the end the following subsection:
       ``(b)(1) Except as provided in paragraph (2), no person may 
     join in a petition under this section unless the person is 
     the spouse of the petitioner.
       ``(2) An unmarried person may file a petition for adoption 
     where no other person joins in the petition or where the co-
     petitioner is the natural parent of the child.''.

   Technical Corrections to Financial Responsibility and Management 
                             Assistance Act

       Sec. 153. (a) Requiring GSA To Provide Support Services.--
     Section 103(f) of the District of Columbia Financial 
     Responsibility and Management Assistance Act of 1995 is 
     amended by striking ``may provide'' and inserting ``shall 
     promptly provide''.
       (b) Availability of Certain Federal Benefits for 
     Individuals Who Become Employed by the Authority.--
       (1) Former federal employees.--Subsection (e) of section 
     102 of such Act is amended to read as follows:
       ``(e) Preservation of Retirement and Certain Other Rights 
     of Federal Employees Who Become Employed by the Authority.--
       ``(1) In general.--Any Federal employee who becomes 
     employed by the Authority--
       ``(A) may elect, for the purposes set forth in paragraph 
     (2)(A), to be treated, for so long as that individual remains 
     continuously employed by the Authority, as if such individual 
     had not separated from service with the Federal Government, 
     subject to paragraph (3); and
       ``(B) shall, if such employee subsequently becomes 
     reemployed by the Federal Government, be entitled to have 
     such individual's service with the Authority treated, for 
     purposes of determining the appropriate leave accrual rate, 
     as if it had been service with the Federal Government.
       ``(2) Effect of an election.--An election made by an 
     individual under the provisions of paragraph (1)(A)--
       ``(A) shall qualify such individual for the treatment 
     describe in such provisions for purposes of--
       ``(i) chapter 83 or 84 of title 5, United States Code, as 
     appropriate (relating to retirement), including the Thrift 
     Savings Plan;

[[Page S2469]]

       ``(ii) chapter 87 of such title (relating to life 
     insurance); and
       ``(iii) chapter 89 of such title (relating to health 
     insurance); and
       ``(B) shall disqualify such individual, while such election 
     remains in effect, from participating in the programs offered 
     by the government of the District of Columbia (if any) 
     corresponding to the respective programs referred to in 
     subparagraph (A).
       ``(3) Conditions for an election to be effective.--An 
     election made by an individual under paragraph (1)(A) shall 
     be ineffective unless--
       ``(A) it is made before such individual separates from 
     service with the Federal Government; and
       ``(B) such individual's service with the Authority 
     commences within 3 days after so separating (not counting any 
     holiday observed by the government of the District of 
     Columbia).
       ``(4) Contributions.--If an individual makes an election 
     under paragraph (1)(A), the Authority shall, in accordance 
     with applicable provisions of law referred to in paragraph 
     (2)(A), be responsible for making the same deductions from 
     pay and the same agency contributions as would be required if 
     it were a Federal agency.
       ``(5) Regulations.--Any regulations necessary to carry out 
     this subsection shall be prescribed in consultation with the 
     Authority by--
       ``(A) the Office of Personnel Management, to the extent 
     that any program administered by the office is involved;
       ``(B) the appropriate office or agency of the government of 
     the District of Columbia, to the extent that any program 
     administered by such office or agency is involved; and
       ``(C) the Executive Director referred to in section 8474 of 
     title 5, United States Code, to the extent that the Thrift 
     Savings Plan is involved.''.
       (2) Other individuals.--Section 102 of such Act is further 
     amended by adding at the end the following:
       ``(f) Federal Benefits for Others.--
       ``(1) In general.--The Office of Personnel Management, in 
     conjunction with each corresponding office or agency of the 
     government of the District of Columbia and in consultation 
     with the Authority, shall prescribe regulations under which 
     any individual who becomes employed by the Authority (under 
     circumstances other than as described in subsection (e)) may 
     elect either--
       (A) to be deemed a Federal employee for purposes of the 
     programs referred to in subsection (e)(2)(A) (i)-(iii); or
       ``(B) to participate in 1 or more of the corresponding 
     programs offered by the government of the District of 
     Columbia.
       ``(2) Effect of an election.--An individual who elects the 
     option under subparagraph (A) or (B) of paragraph (1) shall 
     be disqualified, while such election remains in effect, from 
     participating in any of the programs referred to in the other 
     such subparagraph.
       ``(3) Definition of `corresponding office or agency'.--For 
     purposes of paragraph (1), the term `corresponding office or 
     agency of the government of the District of Columbia' means, 
     with respect to any program administered by the Office of 
     Personnel Management, the office or agency responsible for 
     administering the corresponding program (if any) offered by 
     the government of the District of Columbia.
       ``(4) Thrift savings plan.--To the extent that the Thrift 
     Savings Plan is involved, the preceding provisions of this 
     subsection shall be applied by substituting `the Executive 
     Director referred to in section 8474 of title 5, United 
     States Code' for `the Office of Personnel Management'.''.
       (3) Effective date; additional election for former federal 
     employees serving on date of enactment; election for 
     employees appointed during interim period.--
       (A) Effective date.--Not later than 6 months after the date 
     of enactment of this Act, there shall be prescribed in 
     consultation with the Authority (and take effect)--
       (i) regulations to carry out the amendments made by this 
     subsection; and
       (ii) any other regulations necessary to carry out this 
     subsection.
       (B) Additional election for former federal employees 
     serving on date of enactment.--
       (i) In general.--Any former Federal employee employed by 
     the Authority on the effective date of the regulations 
     referred to in subparagraph (A)(i) may, within such period as 
     may be provided for under those regulations, make an election 
     similar, to the maximum extent practicable, to the election 
     provided for under section 102(e) of the District of Columbia 
     Financial Responsibility and Management Assistance Act of 
     1995, as amended by this subsection. Such regulations shall 
     be prescribed jointly by the Office of Personnel Management 
     and each corresponding office or agency of the government of 
     the District of Columbia (in the same manner as provided for 
     in section 102(f) of such Act, as so amended).
       (ii) Exception.--An election under this subparagraph may 
     not be made by any individual who--

       (I) is not then participating in a retirement system for 
     Federal employees (disregarding Social Security); or
       (II) is then participating in any program of the government 
     of the District of Columbia referred to in section 
     102(e)(2)(B) of such Act (as so amended).

       (C) Election for employees appointed during interim 
     period.--
       (i) From the federal government.--Subsection (e) of section 
     102 of the District of Columbia Financial Responsibility and 
     Management Assistance Act of 1995 (as last in effect before 
     the date of enactment of this Act) shall be deemed to have 
     remained in effect for purposes of any Federal employee who 
     becomes employed by the District of Columbia Financial 
     Responsibility and Management Assistance Authority during the 
     period beginning on such date of enactment and ending on the 
     day before the effective date of the regulations prescribed 
     to carry out subparagraph (B).
       (ii) Other individuals.--The regulations prescribed to 
     carry out subsection (f) of section 102 of the District of 
     Columbia Financial Responsibility and Management Assistance 
     Act of 1995 (as amended by this subsection) shall include 
     provisions under which an election under such subsection 
     shall be available to any individual who--

       (I) becomes employed by the District of Columbia Financial 
     Responsibility and Management Assistance Authority during the 
     period beginning on the date of enactment of this Act and 
     ending on the day before the effective date of such 
     regulations;
       (II) would have been eligible to make an election under 
     such regulations had those regulations been in effect when 
     such individual became so employed; and
       (III) is not then participating in any program of the 
     government of the District of Columbia referred to in 
     subsection (f)(1)(B) of such section 102 (as so amended).

       (c) Exemption From Liability for Claims for Authority 
     Employees.--Section 104 of such Act is amended--
       (1) by striking ``the Authority and its members'' and 
     inserting ``the Authority, its members, and its employees''; 
     and
       (2) by striking ``the District of Columbia'' and inserting 
     ``the Authority or its members or employees or the District 
     of Columbia''.
       (d) Permitting Review of Emergency Legislation.--Section 
     203(a)(3) of such Act is amended by striking subparagraph 
     (C).

     Establishment of Exclusive Accounts for Blue Plains Activities

       Sec. 154. (a) Operation and Maintenance Account.--
       (1) Contents of account.--There is hereby established 
     within the Water and Sewer Enterprise Fund the Operation and 
     Maintenance Account, consisting of all fund paid to the 
     District of Columbia on or after the date of the enactment of 
     this Act which are--
       (A) attributable to waste water treatment user charges;
       (B) paid by users jurisdictions for the operation and 
     maintenance of the Blue Plains Wastewater Treatment Facility 
     and related waste water treatment works; or
       (C) appropriated or otherwise provided for the operation 
     and maintenance of the Blue Plains Wastewater Treatment 
     Facility and related waste water treatment works.
       (2) Use of funds in account.--Funds in the Operation and 
     Maintenance Account shall be used solely for funding the 
     operation and maintenance of the Blue Plains Wastewater 
     Treatment Facility and related waste water treatment works 
     and may not be obligated or expended for any other purpose, 
     and may be used for related debt service and capital costs if 
     such funds are not attributable to user charges assessed for 
     purposes of section 204(b)(1) of the Federal Water Pollution 
     Control Act.
       (b) EPA Grant Account.--
       (1) Contents of account.--There is hereby established 
     within the Water and Sewer Enterprise Fund and EPA Grant 
     Account, consisting of all funds paid to the District of 
     Columbia on or after the date of the enactment of this Act 
     which are--
       (A) attributable to grants from the Environmental 
     Protection Agency for construction at the Blue Plains 
     Wastewater Treatment Facility and related waste water 
     treatment works; or
       (B) appropriated or otherwise provided for construction at 
     the Blue Plains Wastewater Treatment Facility and related 
     waste water treatment works.
       (2) Use of funds in account.--Funds in the EPA Grant 
     Account shall be used solely for the purposes specified under 
     the terms of the grants and appropriations involved, and may 
     not be obligated or expended for any other purpose.
       Sec. 155. (a) Up to 50 police officers and up to 50 Fire 
     and Emergency Medical Services members who were hired before 
     February 14, 1980, and who retire on disability before the 
     end of calendar year 1996 shall be excluded from the 
     computation of the rate of disability retirements under 
     subsection 145(a) of the District of Columbia Retirement 
     Reform Act of 1979 (93 Stat. 882; D.C. Code, sec. 1-725(a)), 
     for purposes of reducing the authorized Federal payment to 
     the District of Columbia Police Offices and Fire Fighters' 
     Retirement Fund pursuant to subsection 145(c) of the District 
     of Columbia Retirement Reform Act of 1979.
       (b) The Mayor, within 30 days after the enactment of this 
     provision, shall engage an enrolled actuary, to be paid by 
     the District of Columbia Retirement Board, and shall comply 
     with the requirements of section 142(d) and section 144(d) of 
     the District of Columbia Retirement Reform Act of 1979 
     (Public Law 96-122, approved November 17, 1979; D.C. Code, 
     secs. 1-722(d) and 1-724(d)).
       This title may be cited as the ``District of Columbia 
     Appropriations Act, 1996''.

              TITLE II--DISTRICT OF COLUMBIA SCHOOL REFORM

     SEC. 2001. SHORT TITLE.

       This title may be cited as the ``District of Columbia 
     School Reform Act of 1995''.

     SEC. 2002. DEFINITIONS.

       Except as otherwise provided, for purposes of this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Appropriations of the House of 
     Representatives and the Committee on Appropriations of the 
     Senate;
       (B) the Committee on Economic and Educational Opportunities 
     of the House of Representatives and the Committee on Labor 
     and Human Resources of the Senate; and

[[Page S2470]]

       (C) the Committee on Government Reform and Oversight of the 
     House of Representatives and the Committee on Governmental 
     Affairs of the Senate.
       (2) Authority.--The term ``Authority'' means the District 
     of Columbia Financial Responsibility and Management 
     Assistance Authority established under section 101(a) of the 
     District of Columbia Financial Responsibility and Management 
     Assistance Act of 1995 (Public Law 104-8).
       (3) Average daily attendance.--The term ``average daily 
     attendance'' means the aggregate attendance of students of 
     the school during the period divided by the number of days 
     during the period in which--
       (A) the school is in session; and
       (B) the students of the school are under the guidance and 
     direction of teachers.
       (4) Average daily membership.--The term ``average daily 
     membership'' means the aggregate enrollment of students of 
     the school during the period divided by the number of days 
     during the period in which--
       (A) the school is in session; and
       (B) the students of the school are under the guidance and 
     direction of teachers.
       (5) Board of education.--The term ``Board of Education'' 
     means the Board of Education of the District of Columbia.
       (6) Board of trustees.--The term ``Board of Trustees'' 
     means the governing board of a public charter school, the 
     members of which are selected pursuant to the charter granted 
     to the school and in a manner consistent with this title.
       (7) Consensus commission.--The term ``Consensus 
     Commission'' means the Commission on Consensus Reform in the 
     District of Columbia public schools established under 
     subtitle L.
       (8) Core curriculum.--The term ``core curriculum'' means 
     the concepts, factual knowledge, and skills that students in 
     the District of Columbia should learn in kindergarten through 
     grade 12 in academic content areas, including, at a minimum, 
     English, mathematics, science, and history.
       (9) District of columbia council.--The term ``District of 
     Columbia Council'' means the Council of the District of 
     Columbia established pursuant to section 401 of the District 
     of Columbia Self-Government and Governmental Reorganization 
     Act (D.C. Code, sec. 1-221).
       (10) District of columbia government.--
       (A) In general.--The term ``District of Columbia 
     Government'' means the government of the District of 
     Columbia, including--
       (i) any department, agency, or instrumentality of the 
     government of the District of Columbia;
       (ii) any independent agency of the District of Columbia 
     established under part F of title IV of the District of 
     Columbia Self-Government and Governmental Reorganization Act;
       (iii) any other agency, board, or commission established by 
     the Mayor or the District of Columbia Council;
       (iv) the courts of the District of Columbia;
       (v) the District of Columbia Council; and
       (vi) any other agency, public authority, or public 
     nonprofit corporation that has the authority to receive 
     moneys directly or indirectly from the District of Columbia 
     (other than moneys received from the sale of goods, the 
     provision of services, or the loaning of funds to the 
     District of Columbia).
       (B) Exception.--The term ``District of Columbia 
     Government'' neither includes the Authority nor a public 
     charter school.
       (11) District of columbia government retirement system.--
     The term ``District of Columbia Government retirement 
     system'' means the retirement programs authorized by the 
     District of Columbia Council or the Congress for employees of 
     the District of Columbia Government.
       (12) District of columbia public school.--
       (A) In general.--The term ``District of Columbia public 
     school'' means a public school in the District of Columbia 
     that offers classes--
       (i) at any of the grade levels from prekindergarten through 
     grade 12; or
       (ii) leading to a secondary school diploma, or its 
     recognized equivalent.
       (B) Exception.--The term ``District of Columbia public 
     school'' does not include a public charter school.
       (13) Districtwide assessments.--The term ``districtwide 
     assessments'' means a variety of assessment tools and 
     strategies (including individual student assessments under 
     subparagraph (E)(ii)) administered by the Superintendent to 
     students enrolled in District of Columbia public schools and 
     public charter schools that--
       (A) are aligned with the District of Columbia's content 
     standards and core curriculum;
       (B) provide coherent information about student attainment 
     of such standards;
       (C) are used for purposes for which such assessments are 
     valid, reliable, and unbiased, and are consistent with 
     relevant nationally recognized professional and technical 
     standards for such assessments;
       (D) involve multiple up-to-date measures of student 
     performance, including measures that assess higher order 
     thinking skills and understanding; and
       (E) provide for--
       (i) the participation in such assessments of all students;
       (ii) individual student assessments for students that fail 
     to reach minimum acceptable levels of performance;
       (iii) the reasonable adaptations and accommodations for 
     students with special needs (as defined in paragraph (32)) 
     necessary to measure the achievement of such students 
     relative to the District of Columbia's content standards; and
       (iv) the inclusion of limited-English proficient students, 
     who shall be assessed, to the extent practicable, in the 
     language and form most likely to yield accurate and reliable 
     information regarding such students' knowledge and abilities.
       (14) Electronic data transfer system.--The term 
     ``electronic data transfer system'' means a computer-based 
     process for the maintenance and transfer of student records 
     designed to permit the transfer of individual student records 
     among District of Columbia public schools and public charter 
     schools.
       (15) Elementary school.--The term ``elementary school'' 
     means an institutional day or residential school that 
     provides elementary education, as determined under District 
     of Columbia law.
       (16) Eligible applicant.--The term ``eligible applicant'' 
     means a person, including a private, public, or quasi-public 
     entity, or an institution of higher education (as defined in 
     section 1201(a) of the Higher Education Act of 1965 (20 
     U.S.C. 1141(a))), that seeks to establish a public charter 
     school in the District of Columbia.
       (17) Eligible chartering authority.--The term ``eligible 
     chartering authority'' means any of the following:
       (A) The Board of Education.
       (B) The Public Charter School Board.
       (C) Any one entity designated as an eligible chartering 
     authority by enactment of a bill by the District of Columbia 
     Council after the date of the enactment of this Act.
       (18) Family resource center.--The term ``family resource 
     center'' means an information desk--
       (A) located in a District of Columbia public school or a 
     public charter school serving a majority of students whose 
     family income is not greater than 185 percent of the income 
     official 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 applicable 
     to a family of the size involved (42 U.S.C. 9902(3))); and
       (B) which links students and families to local resources 
     and public and private entities involved in child care, adult 
     education, health and social services, tutoring, mentoring, 
     and job training.
       (19) Individual career path.--The term ``individual career 
     path'' means a program of study that provides a secondary 
     school student the skills necessary to compete in the 21st 
     century workforce.
       (20) Literacy.--The term ``literacy'' means--
       (A) in the case of a minor student, such student's ability 
     to read, write, and speak in English, and compute and solve 
     problems at levels of proficiency necessary to function in 
     society, to achieve such student's goals, and develop such 
     student's knowledge and potential; and
       (B) in the case of an adult, such adult's ability to read, 
     write, and speak in English, and compute and solve problems 
     at levels of proficiency necessary to function on the job and 
     in society, to achieve such adult's goals, and develop such 
     adult's knowledge and potential.
       (21) Long-term reform plan.--The term ``long-term reform 
     plan'' means the plan submitted by the Superintendent under 
     section 2101.
       (22) Mayor.--The term ``Mayor'' means the Mayor of the 
     District of Columbia.
       (23) Metrobus and metrorail transit system.--The term 
     ``Metrobus and Metrorail Transit System'' means the bus and 
     rail systems administered by the Washington Metropolitan Area 
     Transit Authority.
       (24) Minor student.--The term ``minor student'' means an 
     individual who--
       (A) is enrolled in a District of Columbia public school or 
     a public charter school; and
       (B) is not beyond the age of compulsory school attendance, 
     as prescribed in section 1 of article I, and section 1 of 
     article II, of the Act of February 4, 1925 (sections 31-401 
     and 31-402, D.C. Code).
       (25) Nonresident student.--The term ``nonresident student'' 
     means--
       (A) an individual under the age of 18 who is enrolled in a 
     District of Columbia public school or a public charter 
     school, and does not have a parent residing in the District 
     of Columbia; or
       (B) an individual who is age 18 or older and is enrolled in 
     a District of Columbia public school or public charter 
     school, and does not reside in the District of Columbia.
       (26) Parent.--The term ``parent'' means a person who has 
     custody of a child, and who--
       (A) is a natural parent of the child;
       (B) is a stepparent of the child;
       (C) has adopted the child; or
       (D) is appointed as a guardian for the child by a court of 
     competent jurisdiction.
       (27) Petition.--The term ``petition'' means a written 
     application.
       (28) Promotion gate.--The term ``promotion gate'' means the 
     criteria, developed by the Superintendent and approved by the 
     Board of Education, that are used to determine student 
     promotion at different grade levels. Such criteria shall 
     include student achievement on districtwide assessments 
     established under subtitle D.
       (29) Public charter school.--The term ``public charter 
     school'' means a publicly funded school in the District of 
     Columbia that--
       (A) is established pursuant to subtitle B; and
       (B) except as provided under sections 2212(d)(5) and 
     2213(c)(5) is not a part of the District of Columbia public 
     schools.
       (30) Public charter school board.--The term ``Public 
     Charter School Board'' means the Public Charter School Board 
     established under section 2214.
       (31) Secondary school.--The term ``secondary school'' means 
     an institutional day or residential school that provides 
     secondary education, as determined by District of Columbia 
     law, except that such term does not include any education 
     beyond grade 12.
       (32) Student with special needs.--The term ``student with 
     special needs'' means a student who is a child with a 
     disability as provided in section 602(a)(1) of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1401(a)(1)) or a student who is an individual with a 
     disability as provided in section 7(8) of the Rehabilitation 
     Act of 1973 (29 U.S.C. 706(8)).

[[Page S2471]]

       (33) Superintendent.--The term ``Superintendent'' means the 
     Superintendent of the District of Columbia public schools.
       (34) Teacher.--The term ``teacher'' means any person 
     employed as a teacher by the Board of Education or by a 
     public charter school.

     SEC. 2003. GENERAL EFFECTIVE DATE.

       Except as otherwise provided in this title, this title 
     shall be effective during the period beginning on the date of 
     enactment of this Act and ending 5 years after such date.
              Subtitle A--District of Columbia Reform Plan

     SEC. 2101. LONG-TERM REFORM PLAN.

       (a) In General.--
       (1) Plan.--The Superintendent, with the approval of the 
     Board of Education, shall submit to the Mayor, the District 
     of Columbia Council, the Authority, the Consensus Commission, 
     and the appropriate congressional committees, a long-term 
     reform plan, not later than 90 days after the date of 
     enactment of this Act, and each February 15 thereafter. The 
     long-term reform plan shall be consistent with the financial 
     plan and budget for the District of Columbia for fiscal year 
     1996, and each financial plan and budget for a subsequent 
     fiscal year, as the case may be, required under section 201 
     of the District of Columbia Financial Responsibility and 
     Management Assistance Act of 1995.
       (2) Consultation.--
       (A) In general.--In developing the long-term reform plan, 
     the Superintendent--
       (i) shall consult with the Board of Education, the Mayor, 
     the District of Columbia Council, the Authority, and the 
     Consensus Commission; and
       (ii) shall afford the public, interested organizations, and 
     groups an opportunity to present their views and make 
     recommendations regarding the long-term reform plan.
       (B) Summary of recommendations.--The Superintendent shall 
     include in the long-term plan a summary of the 
     recommendations made under subparagraph (A)(ii) and the 
     response of the Superintendent to the recommendations.
       (b) Contents.--
       (1) Areas to be addressed.--The long-term reform plan shall 
     describe how the District of Columbia public schools will 
     become a world-class education system that prepares students 
     for lifetime learning in the 21st century and which is on a 
     par with the best education systems of other cities, States, 
     and nations. The long-term reform plan shall include a 
     description of how the District of Columbia public schools 
     will accomplish the following:
       (A) Achievement at nationally and internationally 
     competitive levels by students attending District of Columbia 
     public schools.
       (B) The preparation of students for the workforce, 
     including--
       (i) providing special emphasis for students planning to 
     obtain a postsecondary education; and
       (ii) the development of individual career paths.
       (C) The improvement of the health and safety of students in 
     District of Columbia public schools.
       (D) Local school governance, decentralization, autonomy, 
     and parental choice among District of Columbia public 
     schools.
       (E) The implementation of a comprehensive and effective 
     adult education and literacy program.
       (F) The identification, beginning in grade 3, of each 
     student who does not meet minimum standards of academic 
     achievement in reading, writing, and mathematics in order to 
     ensure that such student meets such standards prior to grade 
     promotion.
       (G) The achievement of literacy, and the possession of the 
     knowledge and skills necessary to think critically, 
     communicate effectively, and perform competently on 
     districtwide assessments, by students attending District of 
     Columbia public schools prior to such student's completion of 
     grade 8.
       (H) The establishment of after-school programs that promote 
     self-confidence, self-discipline, self-respect, good 
     citizenship, and respect for leaders, through such activities 
     as arts classes, physical fitness programs, and community 
     service.
       (I) Steps necessary to establish an electronic data 
     transfer system.
       (J) Encourage parental involvement in all school 
     activities, particularly parent teacher conferences.
       (K) Development and implementation, through the Board of 
     Education and the Superintendent, of a uniform dress code for 
     the District of Columbia public schools, that--
       (i) shall include a prohibition of gang membership symbols;
       (ii) shall take into account the relative costs of any such 
     code for each student; and
       (iii) may include a requirement that students wear 
     uniforms.
       (L) The establishment of classes, beginning not later than 
     grade 3, to teach students how to use computers effectively.
       (M) The development of community schools that enable 
     District of Columbia public schools to collaborate with other 
     public and nonprofit agencies and organizations, local 
     businesses, recreational, cultural, and other community and 
     human service entities, for the purpose of meeting the needs 
     and expanding the opportunities available to residents of the 
     communities served by such schools.
       (N) The establishment of programs which provide counseling, 
     mentoring (especially peer mentoring), academic support, 
     outreach, and supportive services to elementary, middle, and 
     secondary school students who are at risk of dropping out of 
     school.
       (O) The establishment of a comprehensive remedial education 
     program to assist students who do not meet basic literacy 
     standards, or the criteria of promotion gates established in 
     section 2421.
       (P) The establishment of leadership development projects 
     for middle school principals, which projects shall increase 
     student learning and achievement and strengthen such 
     principals as instructional school leaders.
       (Q) The implementation of a policy for performance-based 
     evaluation of principals and teachers, after consultation 
     with the Superintendent and unions (including unions that 
     represent teachers and unions that represent principals).
       (R) The implementation of policies that require competitive 
     appointments for all District of Columbia public school 
     positions.
       (S) The implementation of policies regarding alternative 
     teacher certification requirements.
       (T) The implementation of testing requirements for teacher 
     licensing renewal.
       (U) A review of the District of Columbia public school 
     central office budget and staffing reductions for each fiscal 
     year compared to the level of such budget and reductions at 
     the end of fiscal year 1995.
       (V) The implementation of the discipline policy for the 
     District of Columbia public schools in order to ensure a 
     safe, disciplined environment conducive to learning.
       (2) Other information.--For each of the items described in 
     subparagraphs (A) through (V) of paragraph (1), the long-term 
     reform plan shall include--
       (A) a statement of measurable, objective performance goals;
       (B) a description of the measures of performance to be used 
     in determining whether the Superintendent and Board of 
     Education have met the goals;
       (C) dates by which the goals shall be met;
       (D) plans for monitoring and reporting progress to District 
     of Columbia residents, the Mayor, the District of Columbia 
     Council, the Authority, the Consensus Commission, and the 
     appropriate congressional committees regarding the carrying 
     out of the long-term reform plan; and
       (E) the title of the management employee of the District of 
     Columbia public schools most directly responsible for the 
     achievement of each goal and, with respect to each such 
     employee, the title of the employee's immediate supervisor or 
     superior.
       (c) Amendments.--The Superintendent, with the approval of 
     the Board of Education, shall submit any amendment to the 
     long-term reform plan to the Mayor, the District of Columbia 
     Council, the Authority, the Consensus Commission, and the 
     appropriate congressional committees. Any amendment to the 
     long-term reform plan shall be consistent with the financial 
     plan and budget for fiscal year 1996, and each financial plan 
     and budget for a subsequent fiscal year, as the case may be, 
     for the District of Columbia required under section 201 of 
     the District of Columbia Financial Responsibility and 
     Management Assistance Act of 1995.
                   Subtitle B--Public Charter Schools

     SEC. 2201. PROCESS FOR FILING CHARTER PETITIONS.

       (a) Existing Public School.--An eligible applicant seeking 
     to convert a District of Columbia public school into a public 
     charter school--
       (1) shall prepare a petition to establish a public charter 
     school that meets the requirements of section 2202;
       (2) shall provide a copy of the petition to--
       (A) the parents of minor students attending the existing 
     school;
       (B) adult students attending the existing school; and
       (C) employees of the existing school; and
       (3) shall file the petition with an eligible chartering 
     authority for approval after the petition--
       (A) is signed by two-thirds of the sum of--
       (i) the total number of parents of minor students attending 
     the school; and
       (ii) the total number of adult students attending the 
     school; and
       (B) is endorsed by at least two-thirds of full-time 
     teachers employed in the school.
       (b) Private or Independent School.--An eligible applicant 
     seeking to convert an existing private or independent school 
     in the District of Columbia into a public charter school--
       (1) shall prepare a petition to establish a public charter 
     school that is approved by the Board of Trustees or authority 
     responsible for the school and that meets the requirements of 
     section 2202;
       (2) shall provide a copy of the petition to--
       (A) the parents of minor students attending the existing 
     school;
       (B) adult students attending the existing school; and
       (C) employees of the existing school; and
       (3) shall file the petition with an eligible chartering 
     authority for approval after the petition--
       (A) is signed by two-thirds of the sum of--
       (i) the total number of parents of minor students attending 
     the school; and
       (ii) the total number of adult students attending the 
     school; and
       (B) is endorsed by at least two-thirds of full-time 
     teachers employed in the school.
       (c) New School.--An eligible applicant seeking to establish 
     in the District of Columbia a public charter school, but not 
     seeking to convert a District of Columbia public school or a 
     private or independent school into a public charter school, 
     shall file with an eligible chartering authority for approval 
     a petition to establish a public charter school that meets 
     the requirements of section 2202.

     SEC. 2202. CONTENTS OF PETITION.

       A petition under section 2201 to establish a public charter 
     school shall include the following:
       (1) A statement defining the mission and goals of the 
     proposed school and the manner in which the school will meet 
     the content standards, and conduct the districtwide 
     assessments, described in section 2411(b).

[[Page S2472]]

       (2) A statement of the need for the proposed school in the 
     geographic area of the school site.
       (3) A description of the proposed instructional goals and 
     methods for the proposed school, which shall include, at a 
     minimum--
       (A) the area of focus of the proposed school, such as 
     mathematics, science, or the arts, if the school will have 
     such a focus;
       (B) the methods that will be used, including classroom 
     technology, to provide students with the knowledge, 
     proficiency, and skills needed--
       (i) to become nationally and internationally competitive 
     students and educated individuals in the 21st century; and
       (ii) to perform competitively on any districtwide 
     assessments; and
       (C) the methods that will be used to improve student self-
     motivation, classroom instruction, and learning for all 
     students.
       (4) A description of the scope and size of the proposed 
     school's program that will enable students to successfully 
     achieve the goals established by the school, including the 
     grade levels to be served by the school and the projected and 
     maximum enrollment of each grade level.
       (5) A description of the plan for evaluating student 
     academic achievement at the proposed school and the 
     procedures for remedial action that will be used by the 
     school when the academic achievement of a student falls below 
     the expectations of the school.
       (6) An operating budget for the first 2 years of the 
     proposed school that is based on anticipated enrollment and 
     contains--
       (A) a description of the method for conducting annual 
     audits of the financial, administrative, and programmatic 
     operations of the school;
       (B) either--
       (i) an identification of the site where the school will be 
     located, including a description of any buildings on the site 
     and any buildings proposed to be constructed on the site; or
       (ii) a timetable by which such an identification will be 
     made;
       (C) a description of any major contracts planned, with a 
     value equal to or exceeding $10,000, for equipment and 
     services, leases, improvements, purchases of real property, 
     or insurance; and
       (D) a timetable for commencing operations as a public 
     charter school.
       (7) A description of the proposed rules and policies for 
     governance and operation of the proposed school.
       (8) Copies of the proposed articles of incorporation and 
     bylaws of the proposed school.
       (9) The names and addresses of the members of the proposed 
     Board of Trustees and the procedures for selecting trustees.
       (10) A description of the student enrollment, admission, 
     suspension, expulsion, and other disciplinary policies and 
     procedures of the proposed school, and the criteria for 
     making decisions in such areas.
       (11) A description of the procedures the proposed school 
     plans to follow to ensure the health and safety of students, 
     employees, and guests of the school and to comply with 
     applicable health and safety laws, and all applicable civil 
     rights statutes and regulations of the Federal Government and 
     the District of Columbia.
       (12) An explanation of the qualifications that will be 
     required of employees of the proposed school.
       (13) An identification, and a description, of the 
     individuals and entities submitting the petition, including 
     their names and addresses, and the names of the organizations 
     or corporations of which such individuals are directors or 
     officers.
       (14) A description of how parents, teachers, and other 
     members of the community have been involved in the design and 
     will continue to be involved in the implementation of the 
     proposed school.
       (15) A description of how parents and teachers will be 
     provided an orientation and other training to ensure their 
     effective participation in the operation of the public 
     charter school.
       (16) An assurance the proposed school will seek, obtain, 
     and maintain accreditation from at least one of the 
     following:
       (A) The Middle States Association of Colleges and Schools.
       (B) The Association of Independent Maryland Schools.
       (C) The Southern Association of Colleges and Schools.
       (D) The Virginia Association of Independent Schools.
       (E) American Montessori Internationale.
       (F) The American Montessori Society.
       (G) The National Academy of Early Childhood Programs.
       (H) Any other accrediting body deemed appropriate by the 
     eligible chartering authority that granted the charter to the 
     school.
       (17) In the case that the proposed school's educational 
     program includes preschool or prekindergarten, an assurance 
     the proposed school will be licensed as a child development 
     center by the District of Columbia Government not later than 
     the first date on which such program commences.
       (18) An explanation of the relationship that will exist 
     between the public charter school and the school's employees.
       (19) A statement of whether the proposed school elects to 
     be treated as a local educational agency or a District of 
     Columbia public school for purposes of part B of the 
     Individuals With Disabilities Education Act (20 U.S.C. 1411 
     et seq.) and section 504 of the Rehabilitation Act of 1973 
     (20 U.S.C. 794), and notwithstanding any other provision of 
     law the eligible chartering authority shall not have the 
     authority to approve or disapprove such election.

     SEC. 2203. PROCESS FOR APPROVING OR DENYING PUBLIC CHARTER 
                   SCHOOL PETITIONS.

       (a) Schedule.--An eligible chartering authority shall 
     establish a schedule for receiving petitions to establish a 
     public charter school and shall publish any such schedule in 
     the District of Columbia Register and newspapers of general 
     circulation.
       (b) Public Hearing.--Not later than 45 days after a 
     petition to establish a public charter school is filed with 
     an eligible chartering authority, the eligible chartering 
     authority shall hold a public hearing on the petition to 
     gather the information that is necessary for the eligible 
     chartering authority to make the decision to approve or deny 
     the petition.
       (c) Notice.--Not later than 10 days prior to the scheduled 
     date of a public hearing on a petition to establish a public 
     charter school, an eligible chartering authority--
       (1) shall publish a notice of the hearing in the District 
     of Columbia Register and newspapers of general circulation; 
     and
       (2) shall send a written notification of the hearing date 
     to the eligible applicant who filed the petition.
       (d) Approval.--Subject to subsection (i), an eligible 
     chartering authority may approve a petition to establish a 
     public charter school, if--
       (1) the eligible chartering authority determines that the 
     petition satisfies the requirements of this subtitle;
       (2) the eligible applicant who filed the petition agrees to 
     satisfy any condition or requirement, consistent with this 
     subtitle and other applicable law, that is set forth in 
     writing by the eligible chartering authority as an amendment 
     to the petition; and
       (3) the eligible chartering authority determines that the 
     public charter school has the ability to meet the educational 
     objectives outlined in the petition.
       (e) Timetable.--An eligible chartering authority shall 
     approve or deny a petition to establish a public charter 
     school not later than 45 days after the conclusion of the 
     public hearing on the petition.
       (f) Extension.--An eligible chartering authority and an 
     eligible applicant may agree to extend the 45-day time period 
     referred to in subsection (e) by a period that shall not 
     exceed 30 days.
       (g) Denial Explanation.--If an eligible chartering 
     authority denies a petition or finds the petition to be 
     incomplete, the eligible chartering authority shall specify 
     in writing the reasons for its decision and indicate, when 
     the eligible chartering authority determines appropriate, how 
     the eligible applicant who filed the petition may revise the 
     petition to satisfy the requirements for approval.
       (h) Approved Petition.--
       (1) Notice.--Not later than 10 days after an eligible 
     chartering authority approves a petition to establish a 
     public charter school, the eligible chartering authority 
     shall provide a written notice of the approval, including a 
     copy of the approved petition and any conditions or 
     requirements agreed to under subsection (d)(2), to the 
     eligible applicant and to the Chief Financial Officer of the 
     District of Columbia. The eligible chartering authority shall 
     publish a notice of the approval of the petition in the 
     District of Columbia Register and newspapers of general 
     circulation.
       (2) Charter.--The provisions described in paragraphs (1), 
     (7), (8), (11), (16), (17), and (18) of section 2202 of a 
     petition to establish a public charter school that are 
     approved by an eligible chartering authority, together with 
     any amendments to the petition containing conditions or 
     requirements agreed to by the eligible applicant under 
     subsection (d)(2), shall be considered a charter granted to 
     the school by the eligible chartering authority.
       (i) Number of Petitions.--
       (1) First year.--For academic year 1996-1997, not more than 
     10 petitions to establish public charter schools may be 
     approved under this subtitle.
       (2) Subsequent years.--For academic year 1997-1998 and each 
     academic year thereafter each eligible chartering authority 
     shall not approve more than 5 petitions to establish a public 
     charter school under this subtitle.
       (j) Exclusive Authority of the Eligible Chartering 
     Authority.--No governmental entity, elected official, or 
     employee of the District of Columbia shall make, participate 
     in making, or intervene in the making of, the decision to 
     approve or deny a petition to establish a public charter 
     school, except for officers or employees of the eligible 
     chartering authority with which the petition is filed.

     SEC. 2204. DUTIES, POWERS, AND OTHER REQUIREMENTS, OF PUBLIC 
                   CHARTER SCHOOLS.

       (a) Duties.--A public charter school shall comply with all 
     of the terms and provisions of its charter.
       (b) Powers.--A public charter school shall have the 
     following powers:
       (1) To adopt a name and corporate seal, but only if the 
     name selected includes the words ``public charter school''.
       (2) To acquire real property for use as the public charter 
     school's facilities, from public or private sources.
       (3) To receive and disburse funds for public charter school 
     purposes.
       (4) Subject to subsection (c)(1), to secure appropriate 
     insurance and to make contracts and leases, including 
     agreements to procure or purchase services, equipment, and 
     supplies.
       (5) To incur debt in reasonable anticipation of the receipt 
     of funds from the general fund of the District of Columbia or 
     the receipt of Federal or private funds.
       (6) To solicit and accept any grants or gifts for public 
     charter school purposes, if the public charter school--
       (A) does not accept any grants or gifts subject to any 
     condition contrary to law or contrary to its charter; and
       (B) maintains for financial reporting purposes separate 
     accounts for grants or gifts.
       (7) To be responsible for the public charter school's 
     operation, including preparation of a budget and personnel 
     matters.

[[Page S2473]]

       (8) To sue and be sued in the public charter school's own 
     name.
       (c) Prohibitions and Other Requirements.--
       (1) Contracting authority.--
       (A) Notice requirement.--Except in the case of an emergency 
     (as determined by the eligible chartering authority of a 
     public charter school), with respect to any contract proposed 
     to be awarded by the public charter school and having a value 
     equal to or exceeding $10,000, the school shall publish a 
     notice of a request for proposals in the District of Columbia 
     Register and newspapers of general circulation not less than 
     30 days prior to the award of the contract.
       (B) Submission to the authority.--
       (i) Deadline for submission.--With respect to any contract 
     described in subparagraph (A) that is awarded by a public 
     charter school, the school shall submit to the Authority, not 
     later than 3 days after the date on which the award is made, 
     all bids for the contract received by the school, the name of 
     the contractor who is awarded the contract, and the rationale 
     for the award of the contract.
       (ii) Effective date of contract.--

       (I) In general.--Subject to subclause (II), a contract 
     described in subparagraph (A) shall become effective on the 
     date that is 15 days after the date the school makes the 
     submission under clause (i) with respect to the contract, or 
     the effective date specified in the contract, whichever is 
     later.
       (II) Exception.--A contract described in subparagraph (A) 
     shall be considered null and void if the Authority 
     determines, within 12 days of the date the school makes the 
     submission under clause (i) with respect to the contract, 
     that the contract endangers the economic viability of the 
     public charter school.

       (2) Tuition.--A public charter school may not charge 
     tuition, fees, or other mandatory payments, except to 
     nonresident students, or for field trips or similar 
     activities.
       (3) Control.--A public charter school--
       (A) shall exercise exclusive control over its expenditures, 
     administration, personnel, and instructional methods, within 
     the limitations imposed in this subtitle; and
       (B) shall be exempt from District of Columbia statutes, 
     policies, rules, and regulations established for the District 
     of Columbia public schools by the Superintendent, Board of 
     Education, Mayor, District of Columbia Council, or Authority, 
     except as otherwise provided in the school's charter or this 
     subtitle.
       (4) Health and safety.--A public charter school shall 
     maintain the health and safety of all students attending such 
     school.
       (5) Civil rights and idea.--The Age Discrimination Act of 
     1975 (42 U.S.C. 6101 et seq.), title VI of the Civil Rights 
     Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the 
     Education Amendments of 1972 (20 U.S.C. 1681 et seq.), 
     section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
     794), part B of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1411 et seq.), and the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), shall 
     apply to a public charter school.
       (6) Governance.--A public charter school shall be governed 
     by a Board of Trustees in a manner consistent with the 
     charter granted to the school and the provisions of this 
     subtitle.
       (7) Other staff.--No employee of the District of Columbia 
     public schools may be required to accept employment with, or 
     be assigned to, a public charter school.
       (8) Other students.--No student enrolled in a District of 
     Columbia public school may be required to attend a public 
     charter school.
       (9) Taxes or bonds.--A public charter school shall not levy 
     taxes or issue bonds.
       (10) Charter revision.--A public charter school seeking to 
     revise its charter shall prepare a petition for approval of 
     the revision and file the petition with the eligible 
     chartering authority that granted the charter. The provisions 
     of section 2203 shall apply to such a petition in the same 
     manner as such provisions apply to a petition to establish a 
     public charter school.
       (11) Annual report.--
       (A) In general.--A public charter school shall submit an 
     annual report to the eligible chartering authority that 
     approved its charter and to the Consensus Commission. The 
     school shall permit a member of the public to review any such 
     report upon request.
       (B) Contents.--A report submitted under subparagraph (A) 
     shall include the following data:
       (i) A report on the extent to which the school is meeting 
     its mission and goals as stated in the petition for the 
     charter school.
       (ii) Student performance on any districtwide assessments.
       (iii) Grade advancement for students enrolled in the public 
     charter school.
       (iv) Graduation rates, college admission test scores, and 
     college admission rates, if applicable.
       (v) Types and amounts of parental involvement.
       (vi) Official student enrollment.
       (vii) Average daily attendance.
       (viii) Average daily membership.
       (ix) A financial statement audited by an independent 
     certified public accountant in accordance with Government 
     auditing standards for financial audits issued by the 
     Comptroller General of the United States.
       (x) A report on school staff indicating the qualifications 
     and responsibilities of such staff.
       (xi) A list of all donors and grantors that have 
     contributed monetary or in-kind donations having a value 
     equal to or exceeding $500 during the year that is the 
     subject of the report.
       (C) Nonidentifying data.--Data described in clauses (i) 
     through (ix) of subparagraph (B) that are included in an 
     annual report shall not identify the individuals to whom the 
     data pertain.
       (12) Census.--A public charter school shall provide to the 
     Board of Education student enrollment data necessary for the 
     Board of Education to comply with section 3 of article II of 
     the Act of February 4, 1925 (D.C. Code, sec. 31-404) 
     (relating to census of minors).
       (13) Complaint resolution process.--A public charter school 
     shall establish an informal complaint resolution process.
       (14) Program of education.--A public charter school shall 
     provide a program of education which shall include one or 
     more of the following:
       (A) Preschool.
       (B) Prekindergarten.
       (C) Any grade or grades from kindergarten through grade 12.
       (D) Residential education.
       (E) Adult, community, continuing, and vocational education 
     programs.
       (15) Nonsectarian nature of schools.--A public charter 
     school shall be nonsectarian and shall not be affiliated with 
     a sectarian school or religious institution.
       (16) Nonprofit status of school.--A public charter school 
     shall be organized under the District of Columbia Nonprofit 
     Corporation Act (D.C. Code, sec. 29-501 et seq.).
       (17) Immunity from civil liability.--
       (A) In general.--A public charter school, and its 
     incorporators, Board of Trustees, officers, employees, and 
     volunteers, shall be immune from civil liability, both 
     personally and professionally, for any act or omission within 
     the scope of their official duties unless the act or 
     omission--
       (i) constitutes gross negligence;
       (ii) constitutes an intentional tort; or
       (iii) is criminal in nature.
       (B) Common law immunity preserved.--Subparagraph (A) shall 
     not be construed to abrogate any immunity under common law of 
     a person described in such subparagraph.

     SEC. 2205. BOARD OF TRUSTEES OF A PUBLIC CHARTER SCHOOL.

       (a) Board of Trustees.--The members of a Board of Trustees 
     of a public charter school shall be elected or selected 
     pursuant to the charter granted to the school. Such Board of 
     Trustees shall have an odd number of members that does not 
     exceed 7, of which--
       (1) a majority shall be residents of the District of 
     Columbia; and
       (2) at least 2 shall be parents of a student attending the 
     school.
       (b) Eligibility.--An individual is eligible for election or 
     selection to the Board of Trustees of a public charter school 
     if the person--
       (1) is a teacher or staff member who is employed at the 
     school;
       (2) is a parent of a student attending the school; or
       (3) meets the election or selection criteria set forth in 
     the charter granted to the school.
       (c) Election or Selection of Parents.--In the case of the 
     first Board of Trustees of a public charter school to be 
     elected or selected after the date on which the school is 
     granted a charter, the election or selection of the members 
     under subsection (a)(2) shall occur on the earliest 
     practicable date after classes at the school have commenced. 
     Until such date, any other members who have been elected or 
     selected shall serve as an interim Board of Trustees. Such an 
     interim Board of Trustees may exercise all of the powers, and 
     shall be subject to all of the duties, of a Board of 
     Trustees.
       (d) Fiduciaries.--The Board of Trustees of a public charter 
     school shall be fiduciaries of the school and shall set 
     overall policy for the school. The Board of Trustees may make 
     final decisions on matters related to the operation of the 
     school, consistent with the charter granted to the school, 
     this subtitle, and other applicable law.

     SEC. 2206. STUDENT ADMISSION, ENROLLMENT, AND WITHDRAWAL.

       (a) Open Enrollment.--Enrollment in a public charter school 
     shall be open to all students who are residents of the 
     District of Columbia and, if space is available, to 
     nonresident students who meet the tuition requirement in 
     subsection (e).
       (b) Criteria for Admission.--A public charter school may 
     not limit enrollment on the basis of a student's race, color, 
     religion, national origin, language spoken, intellectual or 
     athletic ability, measures of achievement or aptitude, or 
     status as a student with special needs. A public charter 
     school may limit enrollment to specific grade levels.
       (c) Random Selection.--If there are more applications to 
     enroll in a public charter school from students who are 
     residents of the District of Columbia than there are spaces 
     available, students shall be admitted using a random 
     selection process.
       (d) Admission to an Existing School.--During the 5-year 
     period beginning on the date that a petition, filed by an 
     eligible applicant seeking to convert a District of Columbia 
     public school or a private or independent school into a 
     public charter school, is approved, the school may give 
     priority in enrollment to--
       (1) students enrolled in the school at the time the 
     petition is granted;
       (2) the siblings of students described in paragraph (1); 
     and
       (3) in the case of the conversion of a District of Columbia 
     public school, students who reside within the attendance 
     boundaries, if any, in which the school is located.
       (e) Nonresident Students.--Nonresident students shall pay 
     tuition to attend a public charter school at the applicable 
     rate established for District of Columbia public schools 
     administered by the Board of Education for the type of 
     program in which the student is enrolled.
       (f) Student Withdrawal.--A student may withdraw from a 
     public charter school at any time and, if otherwise eligible, 
     enroll in a District of Columbia public school administered 
     by the Board of Education.
       (g) Expulsion and Suspension.--The principal of a public 
     charter school may expel or

[[Page S2474]]

     suspend a student from the school based on criteria set forth 
     in the charter granted to the school.

     SEC. 2207. EMPLOYEES.

       (a) Extended Leave of Absence Without Pay.--
       (1) Leave of absence from district of columbia public 
     schools.--The Superintendent shall grant, upon request, an 
     extended leave of absence, without pay, to an employee of the 
     District of Columbia public schools for the purpose of 
     permitting the employee to accept a position at a public 
     charter school for a 2-year term.
       (2) Request for extension.--At the end of a 2-year term 
     referred to in paragraph (1), an employee granted an extended 
     leave of absence without pay under such paragraph may submit 
     a request to the Superintendent for an extension of the leave 
     of absence for an unlimited number of 2-year terms. The 
     Superintendent may not unreasonably (as determined by the 
     eligible chartering authority) withhold approval of the 
     request.
       (3) Rights upon termination of leave.--An employee granted 
     an extended leave of absence without pay for the purpose 
     described in paragraph (1) or (2) shall have the same rights 
     and benefits under law upon termination of such leave of 
     absence as an employee of the District of Columbia public 
     schools who is granted an extended leave of absence without 
     pay for any other purpose.
       (b) Retirement System.--
       (1) Creditable service.--An employee of a public charter 
     school who has received a leave of absence under subsection 
     (a) shall receive creditable service, as defined in section 
     2604 of D.C. Law 2-139, effective March 3, 1979 (D.C. Code, 
     sec. 1-627.4) and the rules established under such section, 
     for the period of the employee's employment at the public 
     charter school.
       (2) Authority to establish separate system.--A public 
     charter school may establish a retirement system for 
     employees under its authority.
       (3) Election of retirement system.--A former employee of 
     the District of Columbia public schools who becomes an 
     employee of a public charter school within 60 days after the 
     date the employee's employment with the District of Columbia 
     public schools is terminated may, at the time the employee 
     commences employment with the public charter school, elect--
       (A) to remain in a District of Columbia Government 
     retirement system and continue to receive creditable service 
     for the period of their employment at a public charter 
     school; or
       (B) to transfer into a retirement system established by the 
     public charter school pursuant to paragraph (2).
       (4) Prohibited employment conditions.--No public charter 
     school may require a former employee of the District of 
     Columbia public schools to transfer to the public charter 
     school's retirement system as a condition of employment.
       (5) Contributions.--
       (A) Employees electing not to transfer.--In the case of a 
     former employee of the District of Columbia public schools 
     who elects to remain in a District of Columbia Government 
     retirement system pursuant to paragraph (3)(A), the public 
     charter school that employs the person shall make the same 
     contribution to such system on behalf of the person as the 
     District of Columbia would have been required to make if the 
     person had continued to be an employee of the District of 
     Columbia public schools.
       (B) Employees electing to transfer.--In the case of a 
     former employee of the District of Columbia public schools 
     who elects to transfer into a retirement system of a public 
     charter school pursuant to paragraph (3)(B), the applicable 
     District of Columbia Government retirement system from which 
     the former employee is transferring shall compute the 
     employee's contribution to that system and transfer this 
     amount, to the retirement system of the public charter 
     school.
       (c) Employment Status.--Notwithstanding any other provision 
     of law and except as provided in this section, an employee of 
     a public charter school shall not be considered to be an 
     employee of the District of Columbia Government for any 
     purpose.

     SEC. 2208. REDUCED FARES FOR PUBLIC TRANSPORTATION.

       A student attending a public charter school shall be 
     eligible for reduced fares on the Metrobus and Metrorail 
     Transit System on the same terms and conditions as are 
     applicable under section 2 of D.C. Law 2-152, effective March 
     9, 1979 (D.C. Code, sec. 44-216 et seq.), to a student 
     attending a District of Columbia public school.

     SEC. 2209. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERVICES TO 
                   PUBLIC CHARTER SCHOOLS.

       The Superintendent may provide services, such as facilities 
     maintenance, to public charter schools. All compensation for 
     costs of such services shall be subject to negotiation and 
     mutual agreement between a public charter school and the 
     Superintendent.

     SEC. 2210. APPLICATION OF LAW.

       (a) Elementary and Secondary Education Act of 1965.--
       (1) Treatment as local educational agency.--
       (A) In general.--For any fiscal year, a public charter 
     school shall be considered to be a local educational agency 
     for purposes of part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), and 
     shall be eligible for assistance under such part, if the 
     fraction the numerator of which is the number of low-income 
     students enrolled in the public charter school during the 
     fiscal year preceding the fiscal year for which the 
     determination is made and the denominator of which is the 
     total number of students enrolled in such public charter 
     school for such preceding year, is equal to or greater than 
     the lowest fraction determined for any District of Columbia 
     public school receiving assistance under such part A where 
     the numerator is the number of low-income students enrolled 
     in such public school for such preceding year and the 
     denominator is the total number of students enrolled in such 
     public school for such preceding year.
       (B) Definition.--For the purposes of this subsection, the 
     term ``low-income student'' means a student from a low-income 
     family determined according to the measure adopted by the 
     District of Columbia to carry out the provisions of part A of 
     title I of the Elementary and Secondary Education Act of 1965 
     that is consistent with the measures described in section 
     1113(a)(5) of such Act (20 U.S.C. 6313(a)(5)) for the fiscal 
     year for which the determination is made.
       (2) Allocation for fiscal years 1996 through 1998.--
       (A) Public charter schools.--For fiscal years 1996 through 
     1998, each public charter school that is eligible to receive 
     assistance under part A of title I of the Elementary and 
     Secondary Education Act of 1965 shall receive a portion of 
     the District of Columbia's total allocation under such part 
     which bears the same ratio to such total allocation as the 
     number described in subparagraph (C) bears to the number 
     described in subparagraph (D).
       (B) District of columbia public schools.--For fiscal years 
     1996 through 1998, the District of Columbia public schools 
     shall receive a portion of the District of Columbia's total 
     allocation under part A of title I of the Elementary and 
     Secondary Education Act of 1965 which bears the same ratio to 
     such total allocation as the total of the numbers described 
     in clauses (ii) and (iii) of subparagraph (D) bears to the 
     aggregate total described in subparagraph (D).
       (C) Number of eligible students enrolled in the public 
     charter school.--The number described in this subparagraph is 
     the number of low-income students enrolled in the public 
     charter school during the fiscal year preceding the fiscal 
     year for which the determination is made.
       (D) Aggregate number of eligible students.--The number 
     described in this subparagraph is the aggregate total of the 
     following numbers:
       (i) The number of low-income students who, during the 
     fiscal year preceding the fiscal year for which the 
     determination is made, were enrolled in a public charter 
     school.
       (ii) The number of low-income students who, during the 
     fiscal year preceding the fiscal year for which the 
     determination is made, were enrolled in a District of 
     Columbia public school selected to provide services under 
     part A of title I of the Elementary and Secondary Education 
     Act of 1965.
       (iii) The number of low-income students who, during the 
     fiscal year preceding the fiscal year for which the 
     determination is made--

       (I) were enrolled in a private or independent school; and
       (II) resided in an attendance area of a District of 
     Columbia public school selected to provide services under 
     part A of title I of the Elementary and Secondary Education 
     Act of 1965.

       (3) Allocation for fiscal year 1999 and thereafter.--
       (A) Calculation by secretary.--Notwithstanding sections 
     1124(a)(2), 1124A(a)(4), and 1125(d) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6333(a)(2), 
     6334(a)(4), and 6335(d)), for fiscal year 1999 and each 
     fiscal year thereafter, the total allocation under part A of 
     title I of such Act for all local educational agencies in the 
     District of Columbia, including public charter schools that 
     are eligible to receive assistance under such part, shall be 
     calculated by the Secretary of Education. In making such 
     calculation, such Secretary shall treat all such local 
     educational agencies as if such agencies were a single local 
     educational agency for the District of Columbia.
       (B) Allocation.--
       (i) Public charter schools.--For fiscal year 1999 and each 
     fiscal year thereafter, each public charter school that is 
     eligible to receive assistance under part A of title I of the 
     Elementary and Secondary Education Act of 1965 shall receive 
     a portion of the total allocation calculated under 
     subparagraph (A) which bears the same ratio to such total 
     allocation as the number described in paragraph (2)(C) bears 
     to the aggregate total described in paragraph (2)(D).
       (ii) District of columbia public school.--For fiscal year 
     1999 and each fiscal year thereafter, the District of 
     Columbia public schools shall receive a portion of the total 
     allocation calculated under subparagraph (A) which bears the 
     same ratio to such total allocation as the total of the 
     numbers described in clauses (ii) and (iii) of paragraph 
     (2)(D) bears to the aggregate total described in paragraph 
     (2)(D).
       (4) Use of esea funds.--The Board of Education may not 
     direct a public charter school in the school's use of funds 
     under part A of title I of the Elementary and Secondary 
     Education Act of 1965.
       (5) ESEA requirements.--Except as provided in paragraph 
     (6), a public charter school receiving funds under part A of 
     title I of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6301 et seq.) shall comply with all requirements 
     applicable to schools receiving such funds.
       (6) Inapplicability of certain esea provisions.--The 
     following provisions of the Elementary and Secondary 
     Education Act of 1965 shall not apply to a public charter 
     school:
       (A) Paragraphs (5) and (8) of section 1112(b) (20 U.S.C. 
     6312(b)).
       (B) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), (1)(F), 
     (1)(H), and (3) of section 1112(c) (20 U.S.C. 6312(c)).
       (C) Section 1113 (20 U.S.C. 6313).
       (D) Section 1115A (20 U.S.C. 6316).
       (E) Subsections (a), (b), and (c) of section 1116 (20 
     U.S.C. 6317).

[[Page S2475]]

       (F) Subsections (d) and (e) of section 1118 (20 U.S.C. 
     6319).
       (G) Section 1120 (20 U.S.C. 6321).
       (H) Subsections (a) and (c) of section 1120A (20 U.S.C. 
     6322).
       (I) Section 1126 (20 U.S.C. 6337).
       (b) Property and Sales Taxes.--A public charter school 
     shall be exempt from District of Columbia property and sales 
     taxes.
       (c) Education of Children With Disabilities.--
     Notwithstanding any other provision of this title, each 
     public charter school shall elect to be treated as a local 
     educational agency or a District of Columbia public school 
     for the purpose of part B of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1411 et seq.) and 
     section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
     794).

     SEC. 2211. POWERS AND DUTIES OF ELIGIBLE CHARTERING 
                   AUTHORITIES.

       (a) Oversight.--
       (1) In general.--An eligible chartering authority--
       (A) shall monitor the operations of each public charter 
     school to which the eligible chartering authority has granted 
     a charter;
       (B) shall ensure that each such school complies with 
     applicable laws and the provisions of the charter granted to 
     such school; and
       (C) shall monitor the progress of each such school in 
     meeting student academic achievement expectations specified 
     in the charter granted to such school.
       (2) Production of books and records.--An eligible 
     chartering authority may require a public charter school to 
     which the eligible chartering authority has granted a charter 
     to produce any book, record, paper, or document, if the 
     eligible chartering authority determines that such production 
     is necessary for the eligible chartering authority to carry 
     out its functions under this subtitle.
       (b) Fees.--
       (1) Application fee.--An eligible chartering authority may 
     charge an eligible applicant a fee, not to exceed $150, for 
     processing a petition to establish a public charter school.
       (2) Administration fee.--In the case of an eligible 
     chartering authority that has granted a charter to a public 
     charter school, the eligible chartering authority may charge 
     the school a fee, not to exceed one-half of one percent of 
     the annual budget of the school, to cover the cost of 
     undertaking the ongoing administrative responsibilities of 
     the eligible chartering authority with respect to the school 
     that are described in this subtitle. The school shall pay the 
     fee to the eligible chartering authority not later than 
     November 15 of each year.
       (c) Immunity From Civil Liability.--
       (1) In general.--An eligible chartering authority, the 
     Board of Trustees of such an eligible chartering authority, 
     and a director, officer, employee, or volunteer of such an 
     eligible chartering authority, shall be immune from civil 
     liability, both personally and professionally, for any act or 
     omission within the scope of their official duties unless the 
     act or omission--
       (A) constitutes gross negligence;
       (B) constitutes an intentional tort; or
       (C) is criminal in nature.
       (2) Common law immunity preserved.--Paragraph (1) shall not 
     be construed to abrogate any immunity under common law of a 
     person described in such paragraph.
       (d) Annual Report.--On or before July 30 of each year, each 
     eligible chartering authority that issues a charter under 
     this subtitle shall submit a report to the Mayor, the 
     District of Columbia Council, the Board of Education, the 
     Secretary of Education, the appropriate congressional 
     committees, and the Consensus Commission that includes the 
     following information:
       (1) A list of the members of the eligible chartering 
     authority and the addresses of such members.
       (2) A list of the dates and places of each meeting of the 
     eligible chartering authority during the year preceding the 
     report.
       (3) The number of petitions received by the eligible 
     chartering authority for the conversion of a District of 
     Columbia public school or a private or independent school to 
     a public charter school, and for the creation of a new school 
     as a public charter school.
       (4) The number of petitions described in paragraph (3) that 
     were approved and the number that were denied, as well as a 
     summary of the reasons for which such petitions were denied.
       (5) A description of any new charters issued by the 
     eligible chartering authority during the year preceding the 
     report.
       (6) A description of any charters renewed by the eligible 
     chartering authority during the year preceding the report.
       (7) A description of any charters revoked by the eligible 
     chartering authority during the year preceding the report.
       (8) A description of any charters refused renewal by the 
     eligible chartering authority during the year preceding the 
     report.
       (9) Any recommendations the eligible chartering authority 
     has concerning ways to improve the administration of public 
     charter schools.

     SEC. 2212. CHARTER RENEWAL.

       (a) Term.--A charter granted to a public charter school 
     shall remain in force for a 5-year period, but may be renewed 
     for an unlimited number of times, each time for a 5-year 
     period.
       (b) Application for Charter Renewal.--In the case of a 
     public charter school that desires to renew its charter, the 
     Board of Trustees of the school shall file an application to 
     renew the charter with the eligible chartering authority that 
     granted the charter not later than 120 days nor earlier than 
     365 days before the expiration of the charter. The 
     application shall contain the following:
       (1) A report on the progress of the public charter school 
     in achieving the goals, student academic achievement 
     expectations, and other terms of the approved charter.
       (2) All audited financial statements for the public charter 
     school for the preceding 4 years.
       (c) Approval of Charter Renewal Application.--The eligible 
     chartering authority that granted a charter shall approve an 
     application to renew the charter that is filed in accordance 
     with subsection (b), except that the eligible chartering 
     authority shall not approve such application if the eligible 
     chartering authority determines that--
       (1) the school committed a material violation of applicable 
     laws or a material violation of the conditions, terms, 
     standards, or procedures set forth in its charter, including 
     violations relating to the education of children with 
     disabilities; or
       (2) the school failed to meet the goals and student 
     academic achievement expectations set forth in its charter.
       (d) Procedures for Consideration of Charter Renewal.--
       (1) Notice of right to hearing.--An eligible chartering 
     authority that has received an application to renew a charter 
     that is filed by a Board of Trustees in accordance with 
     subsection (b) shall provide to the Board of Trustees written 
     notice of the right to an informal hearing on the 
     application. The eligible chartering authority shall provide 
     the notice not later than 15 days after the date on which the 
     eligible chartering authority received the application.
       (2) Request for hearing.--Not later than 15 days after the 
     date on which a Board of Trustees receives a notice under 
     paragraph (1), the Board of Trustees may request, in writing, 
     an informal hearing on the application before the eligible 
     chartering authority.
       (3) Date and time of hearing.--
       (A) Notice.--Upon receiving a timely written request for a 
     hearing under paragraph (2), an eligible chartering authority 
     shall set a date and time for the hearing and shall provide 
     reasonable notice of the date and time, as well as the 
     procedures to be followed at the hearing, to the Board of 
     Trustees.
       (B) Deadline.--An informal hearing under this subsection 
     shall take place not later than 30 days after an eligible 
     chartering authority receives a timely written request for 
     the hearing under paragraph (2).
       (4) Final decision.--
       (A) Deadline.--An eligible chartering authority shall 
     render a final decision, in writing, on an application to 
     renew a charter--
       (i) not later than 30 days after the date on which the 
     eligible chartering authority provided the written notice of 
     the right to a hearing, in the case of an application with 
     respect to which such a hearing is not held; and
       (ii) not later than 30 days after the date on which the 
     hearing is concluded, in the case of an application with 
     respect to which a hearing is held.
       (B) Reasons for nonrenewal.--An eligible chartering 
     authority that denies an application to renew a charter shall 
     state in its decision the reasons for denial.
       (5) Alternatives upon nonrenewal.--If an eligible 
     chartering authority denies an application to renew a charter 
     granted to a public charter school, the Board of Education 
     may--
       (A) manage the school directly until alternative 
     arrangements can be made for students at the school; or
       (B) place the school in a probationary status that requires 
     the school to take remedial actions, to be determined by the 
     Board of Education, that directly relate to the grounds for 
     the denial.
       (6) Judicial review.--
       (A) Availability of review.--A decision by an eligible 
     chartering authority to deny an application to renew a 
     charter shall be subject to judicial review by an appropriate 
     court of the District of Columbia.
       (B) Standard of review.--A decision by an eligible 
     chartering authority to deny an application to renew a 
     charter shall be upheld unless the decision is arbitrary and 
     capricious or clearly erroneous.

     SEC. 2213. CHARTER REVOCATION.

       (a) Charter or Law Violations.--An eligible chartering 
     authority that has granted a charter to a public charter 
     school may revoke the charter if the eligible chartering 
     authority determines that the school has committed a 
     violation of applicable laws or a material violation of the 
     conditions, terms, standards, or procedures set forth in the 
     charter, including violations relating to the education of 
     children with disabilities.
       (b) Fiscal Mismanagement.--An eligible chartering authority 
     that has granted a charter to a public charter school shall 
     revoke the charter if the eligible chartering authority 
     determines that the school--
       (1) has engaged in a pattern of nonadherence to generally 
     accepted accounting principles;
       (2) has engaged in a pattern of fiscal mismanagement; or
       (3) is no longer economically viable.
       (c) Procedures for Consideration of Revocation.--
       (1) Notice of right to hearing.--An eligible chartering 
     authority that is proposing to revoke a charter granted to a 
     public charter school shall provide to the Board of Trustees 
     of the school a written notice stating the reasons for the 
     proposed revocation. The notice shall inform the Board of 
     Trustees of the right of the Board of Trustees to an informal 
     hearing on the proposed revocation.
       (2) Request for hearing.--Not later than 15 days after the 
     date on which a Board of Trustees receives a notice under 
     paragraph (1), the Board of Trustees may request, in writing, 
     an informal hearing on the proposed revocation before the 
     eligible chartering authority.
       (3) Date and time of hearing.--
       (A) Notice.--Upon receiving a timely written request for a 
     hearing under paragraph (2), an eligible chartering authority 
     shall set a date and

[[Page S2476]]

     time for the hearing and shall provide reasonable notice of 
     the date and time, as well as the procedures to be followed 
     at the hearing, to the Board of Trustees.
       (B) Deadline.--An informal hearing under this subsection 
     shall take place not later than 30 days after an eligible 
     chartering authority receives a timely written request for 
     the hearing under paragraph (2).
       (4) Final decision.--
       (A) Deadline.--An eligible chartering authority shall 
     render a final decision, in writing, on the revocation of a 
     charter--
       (i) not later than 30 days after the date on which the 
     eligible chartering authority provided the written notice of 
     the right to a hearing, in the case of a proposed revocation 
     with respect to which such a hearing is not held; and
       (ii) not later than 30 days after the date on which the 
     hearing is concluded, in the case of a proposed revocation 
     with respect to which a hearing is held.
       (B) Reasons for revocation.--An eligible chartering 
     authority that revokes a charter shall state in its decision 
     the reasons for the revocation.
       (5) Alternatives upon revocation.--If an eligible 
     chartering authority revokes a charter granted to a public 
     charter school, the Board of Education may manage the school 
     directly until alternative arrangements can be made for 
     students at the school.
       (6) Judicial review.--
       (A) Availability of review.--A decision by an eligible 
     chartering authority to revoke a charter shall be subject to 
     judicial review by an appropriate court of the District of 
     Columbia.
       (B) Standard of review.--A decision by an eligible 
     chartering authority to revoke a charter shall be upheld 
     unless the decision is arbitrary and capricious or clearly 
     erroneous.

     SEC. 2214. PUBLIC CHARTER SCHOOL BOARD.

       (a) Establishment.--
       (1) In general.--There is established within the District 
     of Columbia Government a Public Charter School Board (in this 
     section referred to as the ``Board'').
       (2) Membership.--The Secretary of Education shall present 
     the Mayor a list of 15 individuals the Secretary determines 
     are qualified to serve on the Board. The Mayor, in 
     consultation with the District of Columbia City Council, 
     shall appoint 7 individuals from the list to serve on the 
     Board. The Secretary of Education shall recommend, and the 
     Mayor shall appoint, members to serve on the Board so that a 
     knowledge of each of the following areas is represented on 
     the Board:
       (A) Research about and experience in student learning, 
     quality teaching, and evaluation of and accountability in 
     successful schools.
       (B) The operation of a financially sound enterprise, 
     including leadership and management techniques, as well as 
     the budgeting and accounting skills critical to the startup 
     of a successful enterprise.
       (C) The educational, social, and economic development needs 
     of the District of Columbia.
       (D) The needs and interests of students and parents in the 
     District of Columbia, as well as methods of involving parents 
     and other members of the community in individual schools.
       (3) Vacancies.--Any time there is a vacancy in the 
     membership of the Board, the Secretary of Education shall 
     present the Mayor a list of 3 individuals the Secretary 
     determines are qualified to serve on the Board. The Mayor, in 
     consultation with the District of Columbia Council, shall 
     appoint 1 individual from the list to serve on the Board. The 
     Secretary shall recommend and the Mayor shall appoint, such 
     member of the Board taking into consideration the criteria 
     described in paragraph (2). Any member appointed to fill a 
     vacancy occurring prior to the expiration of the term of a 
     predecessor shall be appointed only for the remainder of the 
     term.
       (4) Time limit for appointments.--If, at any time, the 
     Mayor does not appoint members to the Board sufficient to 
     bring the Board's membership to 7 within 30 days of receiving 
     a recommendation from the Secretary of Education under 
     paragraph (2) or (3), the Secretary shall make such 
     appointments as are necessary to bring the membership of the 
     Board to 7.
       (5) Terms of members.--
       (A) In general.--Members of the Board shall serve for terms 
     of 4 years, except that, of the initial appointments made 
     under paragraph (2), the Mayor shall designate--
       (i) 2 members to serve terms of 3 years;
       (ii) 2 members to serve terms of 2 years; and
       (iii) 1 member to serve a term of 1 year.
       (B) Reappointment.--Members of the Board shall be eligible 
     to be reappointed for one 4-year term beyond their initial 
     term of appointment.
       (6) Independence.--No person employed by the District of 
     Columbia public schools or a public charter school shall be 
     eligible to be a member of the Board or to be employed by the 
     Board.
       (b) Operations of the Board.--
       (1) Chair.--The members of the Board shall elect from among 
     their membership 1 individual to serve as Chair. Such 
     election shall be held each year after members of the Board 
     have been appointed to fill any vacancies caused by the 
     regular expiration of previous members' terms, or when 
     requested by a majority vote of the members of the Board.
       (2) Quorum.--A majority of the members of the Board, not 
     including any positions that may be vacant, shall constitute 
     a quorum sufficient for conducting the business of the Board.
       (3) Meetings.--The Board shall meet at the call of the 
     Chair, subject to the hearing requirements of sections 2203, 
     2212(d)(3), and 2213(c)(3).
       (c) No Compensation for Service.--Members of the Board 
     shall serve without pay, but may receive reimbursement for 
     any reasonable and necessary expenses incurred by reason of 
     service on the Board.
       (d) Personnel and Resources.--
       (1) In general.--Subject to such rules as may be made by 
     the Board, the Chair shall have the power to appoint, 
     terminate, and fix the pay of an Executive Director and such 
     other personnel of the Board as the Chair considers 
     necessary, but no individual so appointed shall be paid in 
     excess of the rate payable for level EG-16 of the Educational 
     Service of the District of Columbia.
       (2) Special rule.--The Board is authorized to use the 
     services, personnel, and facilities of the District of 
     Columbia.
       (e) Expenses of Board.--Any expenses of the Board shall be 
     paid from such funds as may be available to the Mayor.
       (f) Audit.--The Board shall provide for an audit of the 
     financial statements of the Board by an independent certified 
     public accountant in accordance with Government auditing 
     standards for financial audits issued by the Comptroller 
     General of the United States.
       (g) Authorization of Appropriations.--For the purpose of 
     carrying out the provisions of this section and conducting 
     the Board's functions required by this subtitle, there are 
     authorized to be appropriated $300,000 for fiscal year 1996 
     and such sums as may be necessary for each of the 4 
     succeeding fiscal years.

     SEC. 2215. FEDERAL ENTITIES.

       (a) In General.--The following Federal agencies and 
     federally established entities are encouraged to explore 
     whether it is feasible for the agency or entity to establish 
     one or more public charter schools:
       (1) The Library of Congress.
       (2) The National Aeronautics and Space Administration.
       (3) The Drug Enforcement Administration.
       (4) The National Science Foundation.
       (5) The Department of Justice.
       (6) The Department of Defense.
       (7) The Department of Education.
       (8) The Smithsonian Institution, including the National 
     Zoological Park, the National Museum of American History, the 
     John F. Kennedy Center for the Performing Arts, and the 
     National Gallery of Art.
       (b) Report.--Not later than 120 days after date of 
     enactment of this Act, any agency or institution described in 
     subsection (a) that has explored the feasibility of 
     establishing a public charter school shall report its 
     determination on the feasibility to the appropriate 
     committees of the Congress.

                         Subtitle C--Even Start

     SEC. 2301. AMENDMENTS FOR EVEN START PROGRAMS.

       (a) Authorization of Appropriations.--Section 1002 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6302) is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Even Start.--
       ``(1) In general.--For the purpose of carrying out part B, 
     there are authorized to be appropriated $118,000,000 for 
     fiscal year 1995 and such sums as may be necessary for each 
     of the four succeeding fiscal years.
       ``(2) District of columbia.--For the purpose of carrying 
     out Even Start programs in the District of Columbia described 
     in section 1211, there are authorized to be appropriated--
       ``(A) $2,000,000 for fiscal year 1996;
       ``(B) $3,500,000 for fiscal year 1997;
       ``(C) $5,000,000 for fiscal year 1998;
       ``(D) $5,000,000 for fiscal year 1999; and
       ``(E) $5,000,000 for fiscal year 2000.''.
       (b) Even Start Family Literacy Programs.--Part B of title I 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6361 et seq.) is amended--
       (1) in section 1202(a)(1) (20 U.S.C. 6362(a)(1)), by 
     inserting ``(1)'' after ``1002(b)'';
       (2) in section 1202(b) (20 U.S.C. 6362(b)), by inserting 
     ``(1)'' after ``1002(b)'';
       (3) in section 1202(d)(3) (20 U.S.C. 6362(d)(3)), by 
     inserting ``(1)'' after ``1002(b)'';
       (4) in section 1204(a) (20 U.S.C. 6364(a)), by inserting 
     ``intensive'' after ``cost of providing'';
       (5) in section 1205(4) (20 U.S.C. 6365(4)), by inserting 
     ``, intensive'' after ``high-quality''; and
       (6) by adding at the end the following new section:

     ``SEC. 1211. DISTRICT OF COLUMBIA EVEN START INITIATIVES.

       ``(a) District of Columbia Program Authorized.--
       ``(1) In general.--In addition to any grant for the 
     District of Columbia authorized under section 1202, the 
     Secretary shall provide grants, on a competitive basis, to 
     eligible entities to enable such entities to carry out Even 
     Start programs in the District of Columbia that build on the 
     findings of the National Evaluation of the Even Start Family 
     Literacy Program, such as providing intensive services in 
     early childhood education, parent training, and adult 
     literacy or adult education.
       ``(2) Number of grants.--The Secretary shall award--
       ``(A) not more than 8 grants under this section for fiscal 
     year 1996;
       ``(B) not more than 14 grants under this section for fiscal 
     year 1997;
       ``(C) not more than 20 grants under this section for each 
     of the fiscal years 1998 and 1999; and
       ``(D) not more than 20 grants under this section, or such 
     number as the Secretary determines appropriate taking into 
     account the results of evaluations described in subsection 
     (i), for fiscal year 2000.
       ``(b) Definition.--For the purpose of this section, the 
     term `eligible entity' means a partnership composed of at 
     least--
       ``(1) a District of Columbia public school;
       ``(2) the local educational agency in existence on 
     September 1, 1995 for the District of Columbia, any other 
     public organization, or an institution of higher education 
     (as defined in section 1201(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1141(a))); and

[[Page S2477]]

       ``(3) a private nonprofit community-based organization.
       ``(c) Uses of Funds; Federal Share.--
       ``(1) Compliance.--Each eligible entity that receives funds 
     under this section shall comply with section 1204(a) and 
     1204(b)(3), relating to the use of such funds.
       ``(2) Federal share.--Each program funded under this 
     section is subject to the Federal share requirement of 
     section 1204(b)(1), except that the Secretary may waive that 
     requirement, in whole or in part, for any eligible entity 
     that demonstrates to the Secretary's satisfaction that such 
     entity otherwise would not be able to participate in the 
     program under this section.
       ``(3) Minimum.--Except as provided in paragraph (4), each 
     eligible entity selected to receive a grant under this 
     section shall receive not more than $250,000 in any fiscal 
     year, except that the Secretary may increase such amount if 
     the Secretary determines that--
       ``(A) such entity needs additional funds to be effective; 
     and
       ``(B) the increase will not reduce the amount of funds 
     available to other eligible entities that receive funds under 
     this section.
       ``(4) Remaining funds.--If funds remain after payments are 
     made under paragraph (3) for any fiscal year, the Secretary 
     shall make such remaining funds available to each eligible 
     entity receiving a grant under this section for such year in 
     an amount that bears the same relation to such funds as the 
     amount each such entity received under this section bears to 
     the amount all such entities received under this section.
       ``(d) Program Elements.--Each program assisted under this 
     section shall comply with the program elements described in 
     section 1205, including intensive high quality instruction 
     programs of early childhood education, parent training, and 
     adult literacy or adult education.
       ``(e) Eligible Participants.--
       ``(1) In general.--Individuals eligible to participate in a 
     program under this section are--
       ``(A) the parent or parents of a child described in 
     subparagraph (B), or any other adult who is substantially 
     involved in the day-to-day care of the child, if such parent 
     or adult--
       ``(i) is eligible to participate in an adult education 
     program under the Adult Education Act; or
       ``(ii) is attending, or is eligible by age to attend, a 
     District of Columbia public school; and
       ``(B) any child, from birth through age 7, of an individual 
     described in subparagraph (A).
       ``(2) Eligibility requirements.--The eligibility factors 
     described in section 1206(b) shall apply to programs under 
     this section, except that for purposes of this section--
       ``(A) the reference in paragraph (1) to subsection (a) 
     shall be read to refer to paragraph (1); and
       ``(B) references in such section to this part shall be read 
     to refer to this section.
       ``(f) Applications.--Each eligible entity that wishes to 
     receive a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.
       ``(g) Selection of Grantees.--In awarding grants under this 
     section, the Secretary shall--
       ``(1) use the selection criteria described in subparagraphs 
     (A) through (F), and (H), of section 1208(a)(1); and
       ``(2) give priority to applications for programs that--
       ``(A) target services to schools in which a schoolwide 
     program is being conducted under section 1114; or
       ``(B) are located in areas designated as empowerment zones 
     or enterprise communities.
       ``(h) Duration of Programs.--The priority for subgrants 
     described in section 1208(a)(2), and the progress requirement 
     described in section 1208(b)(4), shall apply to grants made 
     under this section, except that--
       ``(1) references in those sections to the State educational 
     agency and to subgrants shall be read to refer to the 
     Secretary and to grants under this section, respectively; and
       ``(2) notwithstanding section 1208(b), the Secretary shall 
     not provide continuation funding to a grant recipient under 
     this section if the Secretary determines, after affording the 
     recipient notice and an opportunity for a hearing, that the 
     recipient has not made substantial progress in accomplishing 
     the objectives of this section.
       ``(i) Technical Assistance and Evaluation.--
       ``(1) Technical assistance.--(A) The Secretary shall use 
     not more than 5 percent of the amounts authorized under 
     section 1002(b)(2) for any fiscal year--
       ``(i) to provide technical assistance to eligible entities, 
     including providing funds to one or more District of Columbia 
     nonprofit organizations to enable such organizations to 
     provide technical assistance to eligible entities in the 
     areas of community development and coalition building; and
       ``(ii) for the evaluation conducted pursuant to paragraph 
     (2).
       ``(B) The Secretary shall allocate 5 percent of the amounts 
     authorized under section 1002(b)(2) for any fiscal year to 
     enter into a contract with the National Center for Family 
     Literacy for the provision of technical assistance to 
     eligible entities.
       ``(2) Evaluation.--(A) The Secretary shall use funds 
     available under paragraph (1)(A)--
       ``(i) to provide for independent evaluations of programs 
     under this section in order to determine the effectiveness of 
     such programs in providing high quality family literacy 
     services, including--
       ``(I) intensive and high quality early childhood education;
       ``(II) intensive and high quality services in adult 
     literacy or adult education;
       ``(III) intensive and high quality services in parent 
     training;
       ``(IV) coordination with related programs; and
       ``(V) training of related personnel in appropriate skill 
     areas; and
       ``(ii) to determine if the grant amount provided to 
     eligible recipients to carry out such projects is appropriate 
     to accomplish the objectives of this section.
       ``(B)(i) Such evaluation shall be conducted by individuals 
     not directly involved in the administration of a program 
     operated with funds provided under this section. Such 
     independent evaluators and the program administrators shall 
     jointly develop evaluation criteria which provide for 
     appropriate analysis of the factors listed in subparagraph 
     (A).
       ``(ii) In order to determine a program's effectiveness, 
     each evaluation shall contain objective measures of such 
     effectiveness, and whenever feasible, shall contain the 
     specific views of program participants about such programs.
       ``(C) The Secretary shall prepare and submit to the 
     appropriate congressional committees a report regarding the 
     results of such evaluations not later than March 1, 1999. The 
     Secretary shall provide an interim report regarding the 
     results of such evaluations by March 1, 1998.''.

 Subtitle D--World Class Schools Task Force, Core Curriculum, Content 
              Standards, Assessments, and Promotion Gates

   PART 1--WORLD CLASS SCHOOLS TASK FORCE, CORE CURRICULUM, CONTENT 
                       STANDARDS, AND ASSESSMENTS

     SEC. 2411. GRANT AUTHORIZED AND RECOMMENDATION REQUIRED.

       (a) Grant Authorized.--
       (1) In general.--The Superintendent is authorized to award 
     a grant to a World Class Schools Task Force to enable such 
     task force to make the recommendation described in subsection 
     (b).
       (2) Definition.--For the purpose of this subtitle, the term 
     ``World Class Schools Task Force'' means 1 nonprofit 
     organization located in the District of Columbia that--
       (A) has a national reputation for advocating content 
     standards;
       (B) has a national reputation for advocating a strong 
     liberal arts curriculum;
       (C) has experience with at least 4 urban school districts 
     for the purpose of establishing content standards;
       (D) has developed and managed professional development 
     programs in science, mathematics, the humanities and the 
     arts; and
       (E) is governed by an independent board of directors 
     composed of citizens with a variety of experiences in 
     education and public policy.
       (b) Recommendation Required.--
       (1) In general.--The World Class Schools Task Force shall 
     recommend to the Superintendent, the Board of Education, and 
     the District of Columbia Goals Panel the following:
       (A) Content standards in the core academic subjects that 
     are developed by working with the District of Columbia 
     community, which standards shall be developed not later than 
     12 months after the date of enactment of this Act.
       (B) A core curriculum developed by working with the 
     District of Columbia community, which curriculum shall 
     include the teaching of computer skills.
       (C) Districtwide assessments for measuring student 
     achievement in accordance with content standards developed 
     under subparagraph (A). Such assessments shall be developed 
     at several grade levels, including at a minimum, the grade 
     levels with respect to which the Superintendent establishes 
     promotion gates under section 2421. To the extent feasible, 
     such assessments shall, at a minimum, be designed to provide 
     information that permits comparisons between--
       (i) individual District of Columbia public schools and 
     public charter schools; and
       (ii) individual students attending such schools.
       (D) Model professional development programs for teachers 
     using the standards and curriculum developed under 
     subparagraphs (A) and (B).
       (2) Special rule.--The World Class Schools Task Force is 
     encouraged, to the extent practicable, to develop 
     districtwide assessments described in paragraph (1)(C) that 
     permit comparisons among--
       (A) individual District of Columbia public schools and 
     public charter schools, and individual students attending 
     such schools; and
       (B) students of other nations.
       (c) Content.--The content standards and assessments 
     recommended under subsection (b) shall be judged by the World 
     Class Schools Task Force to be world class, including having 
     a level of quality and rigor, or being analogous to content 
     standards and assessments of other States or nations 
     (including nations whose students historically score high on 
     international studies of student achievement).
       (d) Submission to Board of Education for Adoption.--If the 
     content standards, curriculum, assessments, and programs 
     recommended under subsection (b) are approved by the 
     Superintendent, the Superintendent may submit such content 
     standards, curriculum, assessments, and programs to the Board 
     of Education for adoption.

     SEC. 2412. CONSULTATION.

       The World Class Schools Task Force shall conduct its duties 
     under this part in consultation with--
       (1) the District of Columbia Goals Panel;
       (2) officials of the District of Columbia public schools 
     who have been identified by the Superintendent as having 
     responsibilities relevant to this part, including the Deputy 
     Superintendent for Curriculum;
       (3) the District of Columbia community, with particular 
     attention given to educators, and parent and business 
     organizations; and
       (4) any other persons or groups that the task force deems 
     appropriate.

     SEC. 2413. ADMINISTRATIVE PROVISIONS.

       The World Class Schools Task Force shall ensure public 
     access to its proceedings (other than

[[Page S2478]]

     proceedings, or portions of proceedings, relating to internal 
     personnel and management matters) that are relevant to its 
     duties under this part and shall make available to the 
     public, at reasonable cost, transcripts of such proceedings.

     SEC. 2414. CONSULTANTS.

       Upon the request of the World Class Schools Task Force, the 
     head of any department or agency of the Federal Government 
     may detail any of the personnel of such agency to such task 
     force to assist such task force in carrying out such task 
     force's duties under this part.

     SEC. 2415. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $2,000,000 for 
     fiscal year 1996 to carry out this part. Such funds shall 
     remain available until expended.

                        PART 2--PROMOTION GATES

     SEC. 2421. PROMOTION GATES.

       (a) Kindergarten Through 4th Grade.--Not later than one 
     year after the date of adoption in accordance with section 
     2411(d) of the assessments described in section 
     2411(b)(1)(C), the Superintendent shall establish and 
     implement promotion gates for mathematics, reading, and 
     writing, for not less than 1 grade level from kindergarten 
     through grade 4, including at least grade 4, and shall 
     establish dates for establishing such other promotion gates 
     for other subject areas.
       (b) 5th Through 8th Grades.--Not later than one year after 
     the adoption in accordance with section 2411(d) of the 
     assessments described in section 2411(b)(1)(C), the 
     Superintendent shall establish and implement promotion gates 
     with respect to not less than one grade level from grade 5 
     through grade 8, including at least grade 8.
       (c) 9th Through 12th Grades.--Not later than one year after 
     the adoption in accordance with section 2411(d) of the 
     assessments described in section 2411(b)(1)(C), the 
     Superintendent shall establish and implement promotion gates 
     with respect to not less than one grade level from grade 9 
     through grade 12, including at least grade 12.
 Subtitle E--Per Capita District of Columbia Public School and Public 
                         Charter School Funding

     SEC. 2501. ANNUAL BUDGETS FOR SCHOOLS.

       (a) In General.--For fiscal year 1997 and for each 
     subsequent fiscal year, the Mayor shall make annual payments 
     from the general fund of the District of Columbia in 
     accordance with the formula established under subsection (b).
       (b) Formula.--
       (1) In general.--The Mayor and the District of Columbia 
     Council, in consultation with the Board of Education and the 
     Superintendent, shall establish on or before April 15, 1996, 
     a formula to determine the amount of--
       (A) the annual payment to the Board of Education for the 
     operating expenses of the District of Columbia public 
     schools, which for purposes of this paragraph includes the 
     operating expenses of the Board of Education and the Office 
     of the Superintendent; and
       (B) the annual payment to each public charter school for 
     the operating expenses of each public charter school.
       (2) Formula calculation.--Except as provided in paragraph 
     (3), the amount of the annual payment under paragraph (1) 
     shall be calculated by multiplying a uniform dollar amount 
     used in the formula established under such paragraph by--
       (A) the number of students calculated under section 2502 
     that are enrolled at District of Columbia public schools, in 
     the case of the payment under paragraph (1)(A); or
       (B) the number of students calculated under section 2502 
     that are enrolled at each public charter school, in the case 
     of a payment under paragraph (1)(B).
       (3) Exceptions.--
       (A) Formula.--Notwithstanding paragraph (2), the Mayor and 
     the District of Columbia Council, in consultation with the 
     Board of Education and the Superintendent, may adjust the 
     formula to increase or decrease the amount of the annual 
     payment to the District of Columbia public schools or each 
     public charter school based on a calculation of--
       (i) the number of students served by such schools in 
     certain grade levels; and
       (ii) the cost of educating students at such certain grade 
     levels.
       (B) Payment.--Notwithstanding paragraph (2), the Mayor and 
     the District of Columbia Council, in consultation with the 
     Board of Education and the Superintendent, may adjust the 
     amount of the annual payment under paragraph (1) to increase 
     the amount of such payment if a District of Columbia public 
     school or a public charter school serves a high number of 
     students--
       (i) with special needs; or
       (ii) who do not meet minimum literacy standards.

     SEC. 2502. CALCULATION OF NUMBER OF STUDENTS.

       (a) School Reporting Requirement.--
       (1) In general.--Not later than September 15, 1996, and not 
     later than September 15 of each year thereafter, each 
     District of Columbia public school and public charter school 
     shall submit a report to the Mayor and the Board of Education 
     containing the information described in subsection (b) that 
     is applicable to such school.
       (2) Special rule.--Not later than April 1, 1997, and not 
     later than April 1 of each year thereafter, each public 
     charter school shall submit a report in the same form and 
     manner as described in paragraph (1) to ensure accurate 
     payment under section 2503(a)(2)(B)(ii).
       (b) Calculation of Number of Students.--Not later than 30 
     days after the date of the enactment of this Act, and not 
     later than October 15 of each year thereafter, the Board of 
     Education shall calculate the following:
       (1) The number of students, including nonresident students 
     and students with special needs, enrolled in each grade from 
     kindergarten through grade 12 of the District of Columbia 
     public schools and in public charter schools, and the number 
     of students whose tuition for enrollment in other schools is 
     paid for with funds available to the District of Columbia 
     public schools.
       (2) The amount of fees and tuition assessed and collected 
     from the nonresident students described in paragraph (1).
       (3) The number of students, including nonresident students, 
     enrolled in preschool and prekindergarten in the District of 
     Columbia public schools and in public charter schools.
       (4) The amount of fees and tuition assessed and collected 
     from the nonresident students described in paragraph (3).
       (5) The number of full time equivalent adult students 
     enrolled in adult, community, continuing, and vocational 
     education programs in the District of Columbia public schools 
     and in public charter schools.
       (6) The amount of fees and tuition assessed and collected 
     from resident and nonresident adult students described in 
     paragraph (5).
       (7) The number of students, including nonresident students, 
     enrolled in nongrade level programs in District of Columbia 
     public schools and in public charter schools.
       (8) The amount of fees and tuition assessed and collected 
     from nonresident students described in paragraph (7).
       (c) Annual Reports.--Not later than 30 days after the date 
     of the enactment of this Act, and not later than October 15 
     of each year thereafter, the Board of Education shall prepare 
     and submit to the Authority, the Mayor, the District of 
     Columbia Council, the Consensus Commission, the Comptroller 
     General of the United States, and the appropriate 
     congressional committees a report containing a summary of the 
     most recent calculations made under subsection (b).
       (d) Audit of Initial Calculations.--
       (1) In general.--The Board of Education shall arrange with 
     the Authority to provide for the conduct of an independent 
     audit of the initial calculations described in subsection 
     (b).
       (2) Conduct of audit.--In conducting the audit, the 
     independent auditor--
       (A) shall provide an opinion as to the accuracy of the 
     information contained in the report described in subsection 
     (c); and
       (B) shall identify any material weaknesses in the systems, 
     procedures, or methodology used by the Board of Education--
       (i) in determining the number of students, including 
     nonresident students, enrolled in the District of Columbia 
     public schools and in public charter schools, and the number 
     of students whose tuition for enrollment in other school 
     systems is paid for by funds available to the District of 
     Columbia public schools; and
       (ii) in assessing and collecting fees and tuition from 
     nonresident students.
       (3) Submission of audit.--Not later than 45 days, or as 
     soon thereafter as is practicable, after the date on which 
     the Authority receives the initial annual report from the 
     Board of Education under subsection (c), the Authority shall 
     submit to the Board of Education, the Mayor, the District of 
     Columbia Council, and the appropriate congressional 
     committees, the audit conducted under this subsection.
       (4) Cost of the audit.--The Board of Education shall 
     reimburse the Authority for the cost of the independent 
     audit, solely from amounts appropriated to the Board of 
     Education for staff, stipends, and other-than-personal-
     services of the Board of Education by an Act making 
     appropriations for the District of Columbia.

     SEC. 2503. PAYMENTS.

       (a) In General.--
       (1) Escrow for public charter schools.--Except as provided 
     in subsection (b), for any fiscal year, not later than 10 
     days after the date of enactment of an Act making 
     appropriations for the District of Columbia for such fiscal 
     year, the Mayor shall place in escrow an amount equal to the 
     aggregate of the amounts determined under section 
     2501(b)(1)(B) for use only by District of Columbia public 
     charter schools.
       (2) Transfer of escrow funds.--
       (A) Initial payment.--Not later than October 15, 1996, and 
     not later than October 15 of each year thereafter, the Mayor 
     shall transfer, by electronic funds transfer, an amount equal 
     to 75 percent of the amount of the annual payment for each 
     public charter school determined by using the formula 
     established pursuant to section 2501(b) to a bank designated 
     by such school.
       (B) Final payment.--
       (i) Except as provided in clause (ii), not later than May 
     1, 1997, and not later than May 1 of each year thereafter, 
     the Mayor shall transfer the remainder of the annual payment 
     for a public charter school in the same manner as the initial 
     payment was made under subparagraph (A).
       (ii) Not later than March 15, 1997, and not later than 
     March 15 of each year thereafter, if the enrollment number of 
     a public charter school has changed from the number reported 
     to the Mayor and the Board of Education, as required under 
     section 2502(a), the Mayor shall increase the payment in an 
     amount equal to 50 percent of the amount provided for each 
     student who has enrolled in such school in excess of such 
     enrollment number, or shall reduce the payment in an amount 
     equal to 50 percent of the amount provided for each student 
     who has withdrawn or dropped out of such school below such 
     enrollment number.
       (C) Pro rata reduction or increase in payments.--
       (i) Pro rata reduction.--If the funds made available to the 
     District of Columbia Government for the District of Columbia 
     public school system and each public charter school for any

[[Page S2479]]

     fiscal year are insufficient to pay the full amount that such 
     system and each public charter school is eligible to receive 
     under this subtitle for such year, the Mayor shall ratably 
     reduce such amounts for such year on the basis of the formula 
     described in section 2501(b).
       (ii) Increase.--If additional funds become available for 
     making payments under this subtitle for such fiscal year, 
     amounts that were reduced under subparagraph (A) shall be 
     increased on the same basis as such amounts were reduced.
       (D) Unexpended funds.--Any funds that remain in the escrow 
     account for public charter schools on September 30 of a 
     fiscal year shall revert to the general fund of the District 
     of Columbia.
       (b) Exception for New Schools.--
       (1) Authorization.--There are authorized to be appropriated 
     $200,000 for each fiscal year to carry out this subsection.
       (2) Disbursement to mayor.--The Secretary of the Treasury 
     shall make available and disburse to the Mayor, not later 
     than August 1 of each of the fiscal years 1996 through 2000, 
     such funds as have been appropriated under paragraph (1).
       (3) Escrow.--The Mayor shall place in escrow, for use by 
     public charter schools, any sum disbursed under paragraph (2) 
     and not paid under paragraph (4).
       (4) Payments to schools.--The Mayor shall pay to public 
     charter schools described in paragraph (5), in accordance 
     with this subsection, any sum disbursed under paragraph (2).
       (5) Schools described.--The schools referred to in 
     paragraph (4) are public charter schools that--
       (A) did not operate as public charter schools during any 
     portion of the fiscal year preceding the fiscal year for 
     which funds are authorized to be appropriated under paragraph 
     (1); and
       (B) operated as public charter schools during the fiscal 
     year for which funds are authorized to be appropriated under 
     paragraph (1).
       (6) Formula.--
       (A) 1996.--The amount of the payment to a public charter 
     school described in paragraph (5) that begins operation in 
     fiscal year 1996 shall be calculated by multiplying $6,300 by 
     \1/12\ of the total anticipated enrollment as set forth in 
     the petition to establish the public charter school; and
       (B) 1997 through 2000.--The amount of the payment to a 
     public charter school described in paragraph (5) that begins 
     operation in any of fiscal years 1997 through 2000 shall be 
     calculated by multiplying the uniform dollar amount used in 
     the formula established under section 2501(b) by \1/12\ of 
     the total anticipated enrollment as set forth in the petition 
     to establish the public charter school.
       (7) Payment to schools.--
       (A) Transfer.--On September 1 of each of the years 1996 
     through 2000, the Mayor shall transfer, by electronic funds 
     transfer, the amount determined under paragraph (6) for each 
     public charter school from the escrow account established 
     under subsection (a) to a bank designated by each such 
     school.
       (B) Pro rata and remaining funds.--Subparagraphs (C) and 
     (D) of subsection (a)(2) shall apply to payments made under 
     this subsection, except that for purposes of this 
     subparagraph references to District of Columbia public 
     schools in such subparagraphs (C) and (D) shall be read to 
     refer to public charter schools.
          Subtitle F--School Facilities Repair and Improvement

     SEC. 2550. DEFINITIONS.

       For purposes of this subtitle--
       (1) the term ``facilities'' means buildings, structures, 
     and real property of the District of Columbia public schools, 
     except that such term does not include any administrative 
     office building that is not located in a building containing 
     classrooms; and
       (2) the term ``repair and improvement'' includes 
     administration, construction, and renovation.

                       PART 1--SCHOOL FACILITIES

     SEC. 2551. TECHNICAL ASSISTANCE.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act the Administrator of the General 
     Services Administration shall enter into a Memorandum of 
     Agreement or Understanding (referred to in this subtitle as 
     the ``Agreement'') with the Superintendent regarding the 
     terms under which the Administrator will provide technical 
     assistance and related services with respect to District of 
     Columbia public schools facilities management in accordance 
     with this section.
       (b) Technical Assistance and Related Services.--The 
     technical assistance and related services described in 
     subsection (a) shall include--
       (1) the Administrator consulting with and advising District 
     of Columbia public school personnel responsible for public 
     schools facilities management, including repair and 
     improvement with respect to facilities management of such 
     schools;
       (2) the Administrator assisting the Superintendent in 
     developing a systemic and comprehensive facilities 
     revitalization program, for the repair and improvement of 
     District of Columbia public school facilities, which program 
     shall--
       (A) include a list of facilities to be repaired and 
     improved in a recommended order of priority;
       (B) provide the repair and improvement required to support 
     modern technology; and
       (C) take into account the Preliminary Facilities Master 
     Plan 2005 (prepared by the Superintendent's Task Force on 
     Education Infrastructure for the 21st Century);
       (3) the method by which the Superintendent will accept 
     donations of private goods and services for use by the 
     District of Columbia public schools without regard to any law 
     or regulation of the District of Columbia;
       (4) the Administrator recommending specific repair and 
     improvement projects in District of Columbia public school 
     facilities to the Superintendent that are appropriate for 
     completion by members and units of the National Guard and the 
     Reserves in accordance with the program developed under 
     paragraph (2);
       (5) upon the request of the Superintendent, the 
     Administrator assisting the appropriate District of Columbia 
     public school officials in the preparation of an action plan 
     for the performance of any repair and improvement recommended 
     in the program developed under paragraph (2), which action 
     plan shall detail the technical assistance and related 
     services the Administrator proposes to provide in the 
     accomplishment of the repair and improvement;
       (6) upon the request of the Superintendent, and if 
     consistent with the efficient use of resources as determined 
     by the Administrator, the coordination of the accomplishment 
     of any repair and improvement in accordance with the action 
     plan prepared under paragraph (5), except that in carrying 
     out this paragraph, the Administrator shall not be subject to 
     the requirements of title III of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), 
     the Office of Federal Procurement Policy Act (41 U.S.C. 401 
     et seq.), nor shall such action plan be subject to review 
     under the bid protest procedures described in sections 3551 
     through 3556 of title 31, United States Code, or the Contract 
     Disputes Act of 1978 (41 U.S.C. 601 et seq.);
       (7) providing access for the Administrator to all District 
     of Columbia public school facilities as well as permitting 
     the Administrator to request and obtain any record or 
     document regarding such facilities as the Administrator 
     determines necessary, except that any such record or document 
     shall not become a record (as defined in section 552a of 
     title 5, United States Code) of the General Services 
     Administration; and
       (8) the Administrator making recommendations regarding how 
     District of Columbia public school facilities may be used by 
     the District of Columbia community for multiple purposes.
       (c) Agreement Provisions.--The Agreement shall include--
       (1) the procedures by which the Superintendent and 
     Administrator will consult with respect to carrying out this 
     section, including reasonable time frames for such 
     consultation;
       (2) the scope of the technical assistance and related 
     services to be provided by the General Services 
     Administration in accordance with this section;
       (3) assurances by the Administrator and the Superintendent 
     to cooperate with each other in any way necessary to ensure 
     implementation of the Agreement, including assurances that 
     funds available to the District of Columbia shall be used to 
     pay the obligations of the District of Columbia public school 
     system that are incurred as a result of actions taken under, 
     or in furtherance of, the Agreement, in addition to funds 
     available to the Administrator for purposes of this section; 
     and
       (4) the duration of the Agreement, except that in no event 
     shall the Agreement remain in effect later than the day that 
     is 24 months after the date that the Agreement is signed, or 
     the day that the agency designated pursuant to section 
     2552(a)(2) assumes responsibility for the District of 
     Columbia public school facilities, whichever day is earlier.
       (d) Limitation on Administrator's Liability.--No claim, 
     suit, or action may be brought against the Administrator in 
     connection with the discharge of the Administrator's 
     responsibilities under this subtitle.
       (e) Special Rule.--Notwithstanding any other provision of 
     law, the Administrator is authorized to accept and use a 
     conditioned gift made for the express purpose of repairing or 
     improving a District of Columbia public school, except that 
     the Administrator shall not be required to carry out any 
     repair or improvement under this section unless the 
     Administrator accepts a donation of private goods or services 
     sufficient to cover the costs of such repair or improvement.
       (f) Effective Date.--This subtitle shall cease to be 
     effective on the earlier day specified in subsection (c)(4).

     SEC. 2552. FACILITIES REVITALIZATION PROGRAM.

       (a) Program.--Not later than 24 months after the date that 
     the Agreement is signed, the Mayor and the District of 
     Columbia Council in consultation with the Administrator, the 
     Authority, the Board of Education, and the Superintendent, 
     shall--
       (1) design and implement a comprehensive long-term program 
     for the repair and improvement, and maintenance and 
     management, of the District of Columbia public school 
     facilities, which program shall incorporate the work 
     completed in accordance with the program described in section 
     2551(b)(2); and
       (2) designate a new or existing agency or authority within 
     the District of Columbia Government to administer such 
     program.
       (b) Proceeds.--Such program shall include--
       (1) identifying short-term funding for capital and 
     maintenance of facilities, which may include retaining 
     proceeds from the sale or lease of a District of Columbia 
     public school facility; and
       (2) identifying and designating long-term funding for 
     capital and maintenance of facilities.
       (c) Implementation.--Upon implementation of such program, 
     the agency or authority created or designated pursuant to 
     subsection (a)(2) shall assume authority and responsibility 
     for the repair and improvement, and maintenance and 
     management, of District of Columbia public schools.

[[Page S2480]]

     SEC. 2553. AUTHORIZATION OF APPROPRIATIONS FOR ENGINEERING 
                   PLANS.

       There are authorized to be appropriated to the 
     Administrator, $500,000 for fiscal year 1996, which funds 
     only shall be available for the costs of engineering plans 
     developed to carry out this subtitle.

                            PART 2--WAIVERS

     SEC. 2561. WAIVERS.

       (a) In General.--
       (1) Requirements waived.--Subject to subsection (b), all 
     District of Columbia fees and all requirements contained in 
     the document entitled ``District of Columbia Public Schools 
     Standard Contract Provisions'' (as such document was in 
     effect on November 2, 1995 and including any revisions or 
     modifications to such document) published by the District of 
     Columbia public schools for use with construction or 
     maintenance projects, are waived, for purposes of repair and 
     improvement of District of Columbia public schools facilities 
     for a period beginning on the date of enactment of this Act 
     and ending 24 months after such date.
       (2) Donations.--An employer may accept, and persons may 
     voluntarily donate, materials and services for the repair and 
     improvement of a District of Columbia public school facility: 
     Provided, That the provision of voluntary labor meets the 
     requirements of 29 U.S.C. 203(e)(4).
       (b) Limitation.--A waiver under subsection (a) shall not 
     apply to requirements under 40 U.S.C. 276a-276a-7.

            PART 3--GIFTS, DONATIONS, BEQUESTS, AND DEVISES

     SEC. 2571. GIFTS, DONATIONS, BEQUESTS, AND DEVISES.

       (a) In General.--A District of Columbia public school or a 
     public charter school may accept directly from any person a 
     gift, donation, bequest, or devise of any property, real or 
     personal, without regard to any law or regulation of the 
     District of Columbia.
       (b) Tax Laws.--For the purposes of the income tax, gift 
     tax, and estate tax laws of the Federal Government, any money 
     or other property given, donated, bequeathed, or devised to a 
     District of Columbia public school or a public charter 
     school, shall be deemed to have been given, donated, 
     bequeathed, or devised to or for the use of the District of 
     Columbia.
                     Subtitle G--Residential School

     SEC. 2601. RESIDENTIAL SCHOOL AUTHORIZED.

       (a) In General.--The Superintendent is authorized to 
     develop a plan to establish for the District of Columbia a 
     residential school for academic year 1997-1998 and to assist 
     in the startup of such school.
       (b) Plan Requirements.--If developed, the plan for the 
     residential school shall include, at a minimum--
       (1) options for the location of the school, including the 
     renovation or construction of a facility;
       (2) financial plans for the facility, including annual 
     costs to operate the school, capital expenditures required to 
     open the facility, maintenance of facilities, and staffing 
     costs; and
       (3) staff development and training plans.

     SEC. 2602. USE OF FUNDS.

       Funds under this subtitle may be used--
       (1) to develop the plan described in section 2601; and
       (2) for capital costs associated with the startup of a 
     residential school, including the purchase of real and 
     personal property and the renovation or construction of 
     facilities.

     SEC. 2603. FUTURE FUNDING.

       The Superintendent shall identify, not later than December 
     31, 1996, in a report to the Mayor, the District of Columbia 
     Council, the Authority, and the appropriate congressional 
     committees, non-Federal funding sources for the operation of 
     the residential school.

     SEC. 2604. GIFTS.

       The Superintendent may accept donations of money, property, 
     and personal services for purposes of the establishment and 
     operation of the residential school.

     SEC. 2605. AUTHORIZATION OF APPROPRIATIONS.

       (a) Plan.--There are authorized to be appropriated to the 
     District of Columbia $100,000 for fiscal year 1996 to develop 
     the plan described in section 2601.
       (b) Capital Costs.--There are authorized to be appropriated 
     $1,900,000 for fiscal year 1997 to carry out section 2602(2).
            Subtitle H--Progress Reports and Accountability

     SEC. 2651. SUPERINTENDENT'S REPORT ON REFORMS.

       Not later than December 1, 1996, the Superintendent shall 
     submit to the appropriate congressional committees, the Board 
     of Education, the Mayor, the Consensus Commission, and the 
     District of Columbia Council a report regarding the progress 
     of the District of Columbia public schools toward achieving 
     the goals of the long-term reform plan.

     SEC. 2652. DISTRICT OF COLUMBIA COUNCIL REPORT.

       Not later than April 1, 1997, the Chairperson of the 
     District of Columbia Council shall submit to the appropriate 
     congressional committees a report describing legislative and 
     other actions the District of Columbia Council has taken or 
     will take to facilitate the implementation of the goals of 
     the long-term reform plan.
                 Subtitle I--Partnerships With Business

     SEC. 2701. PURPOSE.

       The purpose of this subtitle is--
       (1) to leverage private sector funds utilizing initial 
     Federal investments in order to provide students and teachers 
     within the District of Columbia public schools and public 
     charter schools with access to state-of-the-art educational 
     technology;
       (2) to establish a regional job training and employment 
     center;
       (3) to strengthen workforce preparation initiatives for 
     students within the District of Columbia public schools and 
     public charter schools;
       (4) to coordinate private sector investments in carrying 
     out this title; and
       (5) to assist the Superintendent with the development of 
     individual career paths in accordance with the long-term 
     reform plan.

     SEC. 2702. DUTIES OF THE SUPERINTENDENT OF THE DISTRICT OF 
                   COLUMBIA PUBLIC SCHOOLS.

       Not later than 45 days after the date of the enactment of 
     this Act, the Superintendent shall provide a grant to a 
     private, nonprofit corporation that meets the eligibility 
     criteria under section 2703 for the purposes of carrying out 
     the duties under sections 2704 and 2707.

     SEC. 2703. ELIGIBILITY CRITERIA FOR PRIVATE, NONPROFIT 
                   CORPORATION.

       A private, nonprofit corporation shall be eligible to 
     receive a grant under section 2702 if the corporation is a 
     national business organization incorporated in the District 
     of Columbia, that--
       (1) has a board of directors which includes members who are 
     also chief executive officers of technology-related 
     corporations involved in education and workforce development 
     issues;
       (2) has extensive practical experience with initiatives 
     that link business resources and expertise with education and 
     training systems;
       (3) has experience in working with State and local 
     educational agencies throughout the United States with 
     respect to the integration of academic studies with workforce 
     preparation programs; and
       (4) has a nationwide structure through which additional 
     resources can be leveraged and innovative practices 
     disseminated.

     SEC. 2704. DUTIES OF THE PRIVATE, NONPROFIT CORPORATION.

       (a) District Education and Learning Technologies 
     Advancement Council.--
       (1) Establishment.--The private, nonprofit corporation 
     shall establish a council to be known as the ``District 
     Education and Learning Technologies Advancement Council'' (in 
     this subtitle referred to as the ``council'').
       (2) Membership.--
       (A) In general.--The private, nonprofit corporation shall 
     appoint members to the council. An individual shall be 
     appointed as a member to the council on the basis of the 
     commitment of the individual, or the entity which the 
     individual is representing, to providing time, energy, and 
     resources to the council.
       (B) Compensation.--Members of the council shall serve 
     without compensation.
       (3) Duties.--The council--
       (A) shall advise the private, nonprofit corporation with 
     respect to the duties of the corporation under subsections 
     (b) through (e) of this section; and
       (B) shall assist the corporation in leveraging private 
     sector resources for the purpose of carrying out such duties.
       (b) Access to State-of-the-Art Educational Technology.--
       (1) In general.--The private, nonprofit corporation, in 
     conjunction with the Superintendent, students, parents, and 
     teachers, shall establish and implement strategies to ensure 
     access to state-of-the-art educational technology within the 
     District of Columbia public schools and public charter 
     schools.
       (2) Electronic data transfer system.--The private, 
     nonprofit corporation shall assist the Superintendent in 
     acquiring the necessary equipment, including computer 
     hardware and software, to establish an electronic data 
     transfer system. The private, nonprofit corporation shall 
     also assist in arranging for training of District of Columbia 
     public school employees in using such equipment.
       (3) Technology assessment.--
       (A) In general.--In establishing and implementing the 
     strategies under paragraph (1), the private, nonprofit 
     corporation, not later than September 1, 1996, shall provide 
     for an assessment of the availability, on the date of 
     enactment of this Act, of state-of-the-art educational 
     technology within the District of Columbia public schools and 
     public charter schools.
       (B) Conduct of assessment.--In providing for the assessment 
     under subparagraph (A), the private, nonprofit corporation--
       (i) shall provide for onsite inspections of the state-of-
     the-art educational technology within a minimum sampling of 
     District of Columbia public schools and public charter 
     schools; and
       (ii) shall ensure proper input from students, parents, 
     teachers, and other school officials through the use of focus 
     groups and other appropriate mechanisms.
       (C) Results of assessment.--The private, nonprofit 
     corporation shall ensure that the assessment carried out 
     under this paragraph provides, at a minimum, necessary 
     information on state-of-the-art educational technology within 
     the District of Columbia public schools and public charter 
     schools, including--
       (i) the extent to which typical District of Columbia public 
     schools have access to such state-of-the-art educational 
     technology and training for such technology;
       (ii) how such schools are using such technology;
       (iii) the need for additional technology and the need for 
     infrastructure for the implementation of such additional 
     technology;
       (iv) the need for computer hardware, software, training, 
     and funding for such additional technology or infrastructure; 
     and
       (v) the potential for computer linkages among District of 
     Columbia public schools and public charter schools.
       (4) Short-term technology plan.--
       (A) In general.--Based upon the results of the technology 
     assessment under paragraph (3), the private, nonprofit 
     corporation shall develop a 3-year plan that includes goals, 
     priorities, and strategies for obtaining the resources 
     necessary to implement strategies to ensure access to state-

[[Page S2481]]

     of-the-art educational technology within the District of 
     Columbia public schools and public charter schools.
       (B) Implementation.--The private, nonprofit corporation, in 
     conjunction with schools, students, parents, and teachers, 
     shall implement the plan developed under subparagraph (A).
       (5) Long-term technology plan.--Prior to the completion of 
     the implementation of the short-term technology plan under 
     paragraph (4), the private, nonprofit corporation shall 
     develop a plan under which the corporation will continue to 
     coordinate the donation of private sector resources for 
     maintaining the continuous improvement and upgrading of 
     state-of-the-art educational technology within the District 
     of Columbia public schools and public charter schools.
       (c) District Employment and Learning Center.--
       (1) Establishment.--The private, nonprofit corporation 
     shall establish a center to be known as the ``District 
     Employment and Learning Center'' (in this subtitle referred 
     to as the ``center''), which shall serve as a regional 
     institute providing job training and employment assistance.
       (2) Duties.--
       (A) Job training and employment assistance program.--The 
     center shall establish a program to provide job training and 
     employment assistance in the District of Columbia and shall 
     coordinate with career preparation programs in existence on 
     the date of enactment of this Act, such as vocational 
     education, school-to-work, and career academies in the 
     District of Columbia public schools.
       (B) Conduct of program.--In carrying out the program 
     established under subparagraph (A), the center--
       (i) shall provide job training and employment assistance to 
     youths who have attained the age of 18 but have not attained 
     the age of 26, who are residents of the District of Columbia, 
     and who are in need of such job training and employment 
     assistance for an appropriate period not to exceed 2 years;
       (ii) shall work to establish partnerships and enter into 
     agreements with appropriate agencies of the District of 
     Columbia Government to serve individuals participating in 
     appropriate Federal programs, including programs under the 
     Job Training Partnership Act (29 U.S.C. 1501 et seq.), the 
     Job Opportunities and Basic Skills Training Program under 
     part F of title IV of the Social Security Act (42 U.S.C. 681 
     et seq.), the Carl D. Perkins Vocational and Applied 
     Technology Education Act (20 U.S.C. 2301 et seq.), and the 
     School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et 
     seq.);
       (iii) shall conduct such job training, as appropriate, 
     through a consortium of colleges, universities, community 
     colleges, businesses, and other appropriate providers, in the 
     District of Columbia metropolitan area;
       (iv) shall design modular training programs that allow 
     students to enter and leave the training curricula depending 
     on their opportunities for job assignments with employers; 
     and
       (v) shall utilize resources from businesses to enhance 
     work-based learning opportunities and facilitate access by 
     students to work-based learning and work experience through 
     temporary work assignments with employers in the District of 
     Columbia metropolitan area.
       (C) Compensation.--The center may provide compensation to 
     youths participating in the program under this paragraph for 
     part-time work assigned in conjunction with training. Such 
     compensation may include need-based payments and 
     reimbursement of expenses.
       (d) Workforce Preparation Initiatives.--
       (1) In general.--The private, nonprofit corporation shall 
     establish initiatives with the District of Columbia public 
     schools, and public charter schools, appropriate governmental 
     agencies, and businesses and other private entities, to 
     facilitate the integration of rigorous academic studies with 
     workforce preparation programs in District of Columbia public 
     schools and public charter schools.
       (2) Conduct of initiatives.--In carrying out the 
     initiatives under paragraph (1), the private, nonprofit 
     corporation shall, at a minimum, actively develop, expand, 
     and promote the following programs:
       (A) Career academy programs in secondary schools, as such 
     programs are established in certain District of Columbia 
     public schools, which provide a school-within-a-school 
     concept, focusing on career preparation and the integration 
     of the academy programs with vocational and technical 
     curriculum.
       (B) Programs carried out in the District of Columbia that 
     are funded under the School-to-Work Opportunities Act of 1994 
     (20 U.S.C. 6101 et seq.).
       (e) Professional Development Program for Teachers and 
     Administrators.--
       (1) Establishment of program.--The private, nonprofit 
     corporation shall establish a consortium consisting of the 
     corporation, teachers, school administrators, and the 
     consortium of universities located in the District of 
     Columbia (in existence on the date of the enactment of this 
     Act), for the purpose of establishing a program for the 
     professional development of teachers and school 
     administrators employed by the District of Columbia public 
     schools and public charter schools.
       (2) Conduct of program.--In carrying out the program 
     established under paragraph (1), the consortium established 
     under such paragraph, in consultation with the task force 
     established under subtitle D and the Superintendent, at a 
     minimum, shall provide for the following:
       (A) Professional development for teachers consistent with 
     the model professional development programs for teachers 
     under section 2411(b)(4), or consistent with the core 
     curriculum developed by the Superintendent under section 
     2411(b)(2), as the case may be, except that for fiscal year 
     1996, such professional development shall focus on curriculum 
     for elementary school grades in reading and mathematics that 
     have been demonstrated to be effective for students from low-
     income backgrounds.
       (B) Professional development for principals, with a special 
     emphasis on middle school principals, focusing on effective 
     practices that reduce the number of students who drop out of 
     school.
       (C) Private sector training of teachers in the use, 
     application, and operation of state-of-the-art technology in 
     education.
       (D) Training for school principals and other school 
     administrators in effective private sector management 
     practices for the purpose of site-based management in the 
     District of Columbia public schools, and training in the 
     management of public charter schools established in 
     accordance with this title.

     SEC. 2705. MATCHING FUNDS.

       The private, nonprofit corporation, to the extent 
     practicable, shall provide matching funds, or in-kind 
     contributions, or a combination thereof, for the purpose of 
     carrying out the duties of the corporation under section 
     2704, as follows:
       (1) For fiscal year 1996, the nonprofit corporation shall 
     provide matching funds or in-kind contributions of $1 for 
     every $1 of Federal funds provided under this subtitle for 
     such year for activities under section 2704.
       (2) For fiscal year 1997, the nonprofit corporation shall 
     provide matching funds or in-kind contributions of $3 for 
     every $1 of Federal funds provided under this subtitle for 
     such year for activities under section 2704.
       (3) For fiscal year 1998, the nonprofit corporation shall 
     provide matching funds or in-kind contributions of $5 for 
     every $1 of Federal funds provided under this subtitle for 
     such year for activities under section 2704.

     SEC. 2706. REPORT.

       The private, nonprofit corporation shall prepare and submit 
     to the appropriate congressional committees on a quarterly 
     basis, or, with respect to fiscal year 1996, on a biannual 
     basis, a report which shall contain--
       (1) the activities the corporation has carried out, 
     including the duties of the corporation described in section 
     2704, for the 3-month period ending on the date of the 
     submission of the report, or, with respect to fiscal year 
     1996, the 6-month period ending on the date of the submission 
     of the report;
       (2) an assessment of the use of funds or other resources 
     donated to the corporation;
       (3) the results of the assessment carried out under section 
     2704(b)(3); and
       (4) a description of the goals and priorities of the 
     corporation for the 3-month period beginning on the date of 
     the submission of the report, or, with respect to fiscal year 
     1996, the 6-month period beginning on the date of the 
     submission of the report.

     SEC. 2707. JOBS FOR D.C. GRADUATES PROGRAM.

       (a) In General.--The nonprofit corporation shall establish 
     a program, to be known as the ``Jobs for D.C. Graduates 
     Program'', to assist District of Columbia public schools and 
     public charter schools in organizing and implementing a 
     school-to-work transition system, which system shall give 
     priority to providing assistance to at-risk youths and 
     disadvantaged youths.
       (b) Conduct of Program.--In carrying out the program 
     established under subsection (a), the nonprofit corporation, 
     consistent with the policies of the nationally recognized 
     Jobs for America's Graduates, Inc., shall--
       (1) establish performance standards for such program;
       (2) provide ongoing enhancement and improvements in such 
     program;
       (3) provide research and reports on the results of such 
     program; and
       (4) provide preservice and inservice training.

     SEC. 2708. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--
       (1) Delta council; access to state-of-the-art educational 
     technology; and workforce preparation initiatives.--There are 
     authorized to be appropriated to carry out subsections (a), 
     (b), and (d) of section 2704, $1,000,000 for each of the 
     fiscal years 1996, 1997, and 1998.
       (2) Deal center.--There are authorized to be appropriated 
     to carry out section 2704(c), $2,000,000 for each of the 
     fiscal years 1996, 1997, and 1998.
       (3) Professional development program for teachers and 
     administrators.--There are authorized to be appropriated to 
     carry out section 2704(e), $1,000,000 for each of the fiscal 
     years 1996, 1997, and 1998.
       (4) Jobs for d.c. graduates program.--There are authorized 
     to be appropriated to carry out section 2707--
       (A) $2,000,000 for fiscal year 1996; and
       (B) $3,000,000 for each of the fiscal years 1997 through 
     2000.
       (b) Availability.--Amounts authorized to be appropriated 
     under subsection (a) are authorized to remain available until 
     expended.

     SEC. 2709. TERMINATION OF FEDERAL SUPPORT; SENSE OF THE 
                   CONGRESS RELATING TO CONTINUATION OF 
                   ACTIVITIES.

       (a) Termination of Federal Support.--The authority under 
     this subtitle to provide assistance to the private, nonprofit 
     corporation or any other entity established pursuant to this 
     subtitle shall terminate on October 1, 1998.
       (b) Sense of the Congress Relating to Continuation of 
     Activities.--It is the sense of the Congress that--
       (1) the activities of the private, nonprofit corporation 
     under section 2704 should continue to be carried out after 
     October 1, 1998, with resources made available from the 
     private sector; and
       (2) the corporation should provide oversight and 
     coordination for such activities after such date.

[[Page S2482]]

            Subtitle J--Management and Fiscal Accountability

     SEC. 2751. MANAGEMENT SUPPORT SYSTEMS.

       (a) Food Services and Security Services.--Notwithstanding 
     any other law, rule, or regulation, the Board of Education 
     shall enter into a contract for academic year 1995-1996 and 
     each succeeding academic year, for the provision of all food 
     services operations and security services for the District of 
     Columbia public schools, unless the Superintendent determines 
     that it is not feasible and provides the Superintendent's 
     reasons in writing to the Board of Education and the 
     Authority.
       (b) Development of New Management and Data Systems.--
     Notwithstanding any other law, rule, or regulation, the Board 
     of Education shall, in academic year 1995-1996, consult with 
     the Authority on the development of new management and data 
     systems, as well as training of personnel to use and manage 
     the systems in areas of budget, finance, personnel and human 
     resources, management information services, procurement, 
     supply management, and other systems recommended by the 
     Authority. Such plans shall be consistent with, and 
     contemporaneous to, the District of Columbia Government's 
     development and implementation of a replacement for the 
     financial management system for the District of Columbia 
     Government in use on the date of enactment of this Act.

     SEC. 2752. ANNUAL REPORTING REQUIREMENTS.

       (a) In General.--The Board of Education shall annually 
     compile an accurate and verifiable report on the positions 
     and employees in the District of Columbia public school 
     system. The annual report shall set forth--
       (1) the number of validated schedule A positions in the 
     District of Columbia public schools for fiscal year 1995, 
     fiscal year 1996, and thereafter on a full-time equivalent 
     basis, including a compilation of all positions by control 
     center, responsibility center, funding source, position type, 
     position title, pay plan, grade, and annual salary; and
       (2) a compilation of all employees in the District of 
     Columbia public schools as of December 31, of the year 
     preceding the year for which the report is made, verified as 
     to its accuracy in accordance with the functions that each 
     employee actually performs, by control center, responsibility 
     center, agency reporting code, program (including funding 
     source), activity, location for accounting purposes, job 
     title, grade and classification, annual salary, and position 
     control number.
       (b) Submission.--The annual report required by subsection 
     (a) shall be submitted to the Congress, the Mayor, the 
     District of Columbia Council, the Consensus Commission, and 
     the Authority, not later than February 8, 1996, and each 
     February 8 thereafter.

     SEC. 2753. ANNUAL BUDGETS AND BUDGET REVISIONS.

       (a) In General.--Not later than October 1, 1996, or prior 
     to 15 calendar days after the date of the enactment of the 
     District of Columbia Appropriations Act, 1996, whichever 
     occurs first, and each succeeding year thereafter, the Board 
     of Education shall submit to the appropriate congressional 
     committees, the Mayor, the District of Columbia Council, the 
     Consensus Commission, and the Authority, a revised 
     appropriated funds operating budget for the District of 
     Columbia public school system for such fiscal year that is 
     consistent with the total amount appropriated in an Act 
     making appropriations for the District of Columbia for such 
     fiscal year and that realigns budgeted data for personal 
     services and other than personal services, with anticipated 
     actual expenditures.
       (b) Submission.--The revised budget required by subsection 
     (a) shall be submitted in the format of the budget that the 
     Board of Education submits to the Mayor for inclusion in the 
     Mayor's budget submission to the District of Columbia Council 
     pursuant to section 442 of the District of Columbia Self-
     Government and Governmental Reorganization Act, Public Law 
     93-198 (D.C. Code, sec. 47-301).

     SEC. 2754. ACCESS TO FISCAL AND STAFFING DATA.

       (a) In General.--The budget, financial-accounting, 
     personnel, payroll, procurement, and management information 
     systems of the District of Columbia public schools shall be 
     coordinated and interface with related systems of the 
     District of Columbia Government.
       (b) Access.--The Board of Education shall provide read-only 
     access to its internal financial management systems and all 
     other data bases to designated staff of the Mayor, the 
     Council, the Authority, and appropriate congressional 
     committees.

     SEC. 2755. DEVELOPMENT OF FISCAL YEAR 1997 BUDGET REQUEST.

       (a) In General.--The Board of Education shall develop its 
     fiscal year 1997 gross operating budget and its fiscal year 
     1997 appropriated funds budget request in accordance with 
     this section.
       (b) Fiscal Year 1996 Budget Revision.--Not later than 
     February 15, 1996, the Board of Education shall develop, 
     approve, and submit to the Mayor, the District of Columbia 
     Council, the Authority, and appropriate congressional 
     committees, a revised fiscal year 1996 gross operating budget 
     that reflects the amount appropriated in the District of 
     Columbia Appropriations Act, 1996, and which--
       (1) is broken out on the basis of appropriated funds and 
     nonappropriated funds, control center, responsibility center, 
     agency reporting code, object class, and object; and
       (2) indicates by position title, grade, and agency 
     reporting code, all staff allocated to each District of 
     Columbia public school as of October 15, 1995, and indicates 
     on an object class basis all other-than-personal-services 
     financial resources allocated to each school.
       (c) Zero-Base Budget.--For fiscal year 1997, the Board of 
     Education shall build its gross operating budget and 
     appropriated funds request from a zero-base, starting from 
     the local school level through the central office level.
       (d) School-by-School Budgets.--The Board of Education's 
     initial fiscal year 1997 gross operating budget and 
     appropriated funds budget request submitted to the Mayor, the 
     District of Columbia Council, and the Authority shall contain 
     school-by-school budgets and shall also--
       (1) be broken out on the basis of appropriated funds and 
     nonappropriated funds, control center, responsibility center, 
     agency reporting code, object class, and object;
       (2) indicate by position title, grade, and agency reporting 
     code all staff budgeted for each District of Columbia public 
     school, and indicate on an object class basis all other-than-
     personal-services financial resources allocated to each 
     school; and
       (3) indicate the amount and reason for all changes made to 
     the initial fiscal year 1997 gross operating budget and 
     appropriated funds request from the revised fiscal year 1996 
     gross operating budget required by subsection (b).

     SEC. 2756. TECHNICAL AMENDMENTS.

       Section 1120A of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6322) is amended--
       (1) in subsection (b)(1), by--
       (A) striking ``(A) Except as provided in subparagraph (B), 
     a State'' and inserting ``A State''; and
       (B) striking subparagraph (B); and
       (2) by adding at the end thereof the following new 
     subsection:
       ``(d) Exclusion of Funds.--For the purpose of complying 
     with subsections (b) and (c), a State or local educational 
     agency may exclude supplemental State or local funds expended 
     in any school attendance area or school for programs that 
     meet the intent and purposes of this part.''.
 Subtitle K--Personal Accountability and Preservation of School-Based 
                               Resources

     SEC. 2801. PRESERVATION OF SCHOOL-BASED STAFF POSITIONS.

       (a) Restrictions on Reductions of School-Based Employees.--
     To the extent that a reduction in the number of full-time 
     equivalent positions for the District of Columbia public 
     schools is required to remain within the number of full-time 
     equivalent positions established for the public schools in 
     appropriations Acts, no reductions shall be made from the 
     full-time equivalent positions for school-based teachers, 
     principals, counselors, librarians, or other school-based 
     educational positions that were established as of the end of 
     fiscal year 1995, unless the Authority makes a determination 
     based on student enrollment that--
       (1) fewer school-based positions are needed to maintain 
     established pupil-to-staff ratios; or
       (2) reductions in positions for other than school-based 
     employees are not practicable.
       (b) Definition.--The term ``school-based educational 
     position'' means a position located at a District of Columbia 
     public school or other position providing direct support to 
     students at such a school, including a position for a 
     clerical, stenographic, or secretarial employee, but not 
     including any part-time educational aide position.

     SEC. 2802. MODIFICATIONS OF BOARD OF EDUCATION REDUCTION-IN-
                   FORCE PROCEDURES.

       The District of Columbia Government Comprehensive Merit 
     Personnel Act of 1978 (D.C. Code, sec. 1-601.1 et seq.) is 
     amended--
       (1) in section 301 (D.C. Code, sec. 1.603.1)--
       (A) by inserting after paragraph (13), the following new 
     paragraph:
       ``(13A) The term `nonschool-based personnel' means any 
     employee of the District of Columbia public schools who is 
     not based at a local school or who does not provide direct 
     services to individual students.''; and
       (B) by inserting after paragraph (15), the following new 
     paragraph:
       ``(15A) The term `school administrators' means principals, 
     assistant principals, school program directors, coordinators, 
     instructional supervisors, and support personnel of the 
     District of Columbia public schools.'';
       (2) in section 801A(b)(2) (D.C. Code, sec. 1-
     609.1(b)(2)(L)--
       (A) by striking ``(L) reduction-in-force'' and inserting 
     ``(L)(i) reduction-in-force''; and
       (B) by inserting after subparagraph (L)(i), the following 
     new clause:
       ``(ii) Notwithstanding any other provision of law, the 
     Board of Education shall not issue rules that require or 
     permit nonschool-based personnel or school administrators to 
     be assigned or reassigned to the same competitive level as 
     classroom teachers;''; and
       (3) in section 2402 (D.C. Code, sec. 1-625.2), by adding at 
     the end the following new subsection:
       ``(f) Notwithstanding any other provision of law, the Board 
     of Education shall not require or permit nonschool-based 
     personnel or school administrators to be assigned or 
     reassigned to the same competitive level as classroom 
     teachers.''.

     SEC. 2803. PUBLIC SCHOOL EMPLOYEE EVALUATIONS.

       Notwithstanding any other provision of law, rule, or 
     regulation, the evaluation process and instruments for 
     evaluating District of Columbia public school employees shall 
     be a nonnegotiable item for collective bargaining purposes.

     SEC. 2804. PERSONAL AUTHORITY FOR PUBLIC SCHOOL EMPLOYEES.

       (a) In General.--Notwithstanding any other provision of 
     law, rule, or regulation, an employee of a District of 
     Columbia public school shall be--
       (1) classified as an educational service employee;
       (2) placed under the personnel authority of the Board of 
     Education; and

[[Page S2483]]

       (3) subject to all Board of Education rules.
       (b) School-Based Personnel.--School-based personnel shall 
     constitute a separate competitive area from nonschool-based 
     personnel who shall not compete with school-based personnel 
     for retention purposes.
    Subtitle L--Establishment and Organization of the Commission on 
      Consensus Reform in the District of Columbia Public Schools

     SEC. 2851. COMMISSION ON CONSENSUS REFORM IN THE DISTRICT OF 
                   COLUMBIA PUBLIC SCHOOLS.

       (a) Establishment.--
       (1) In general.--There is established within the District 
     of Columbia Government a Commission on Consensus Reform in 
     the District of Columbia Public Schools, consisting of 7 
     members to be appointed in accordance with paragraph (2).
       (2) Membership.--The Consensus Commission shall consist of 
     the following members:
       (A) 1 member to be appointed by the President chosen from a 
     list of 3 proposed members submitted by the Majority Leader 
     of the Senate.
       (B) 1 member to be appointed by the President chosen from a 
     list of 3 proposed members submitted by the Speaker of the 
     House of Representatives.
       (C) 2 members to be appointed by the President, of which 1 
     shall represent the local business community and 1 of which 
     shall be a teacher in a District of Columbia public school.
       (D) The President of the District of Columbia Congress of 
     Parents and Teachers.
       (E) The President of the Board of Education.
       (F) The Superintendent.
       (G) The Mayor and District of Columbia Council Chairman 
     shall each name 1 nonvoting ex officio member.
       (H) The Chief of the National Guard Bureau who shall be an 
     ex officio member.
       (3) Terms of service.--The members of the Consensus 
     Commission shall serve for a term of 3 years.
       (4) Vacancies.--Any vacancy in the membership of the 
     Consensus Commission shall be filled by the appointment of a 
     new member in the same manner as provided for the vacated 
     membership. A member appointed under this paragraph shall 
     serve the remaining term of the vacated membership.
       (5) Qualifications.--Members of the Consensus Commission 
     appointed under subparagraphs (A), (B), and (C) of paragraph 
     (2) shall be residents of the District of Columbia and shall 
     have a knowledge of public education in the District of 
     Columbia.
       (6) Chair.--The Chair of the Consensus Commission shall be 
     chosen by the Consensus Commission from among its members, 
     except that the President of the Board of Education and the 
     Superintendent shall not be eligible to serve as Chair.
       (7) No compensation for service.--Members of the Consensus 
     Commission shall serve without pay, but may receive 
     reimbursement for any reasonable and necessary expenses 
     incurred by reason of service on the Consensus Commission.
       (b) Executive Director.--The Consensus Commission shall 
     have an Executive Director who shall be appointed by the 
     Chair with the consent of the Consensus Commission. The 
     Executive Director shall be paid at a rate determined by the 
     Consensus Commission, except that such rate may not exceed 
     the highest rate of pay payable for level EG-16 of the 
     Educational Service of the District of Columbia.
       (c) Staff.--With the approval of the Chair and the 
     Authority, the Executive Director may appoint and fix the pay 
     of additional personnel as the Executive Director considers 
     appropriate, except that no individual appointed by the 
     Executive Director may be paid at a rate greater than the 
     rate of pay for the Executive Director.
       (d) Special Rule.--The Board of Education, or the 
     Authority, shall reprogram such funds, as the Chair of the 
     Consensus Commission shall in writing request, from amounts 
     available to the Board of Education.

     SEC. 2852. PRIMARY PURPOSE AND FINDINGS.

       (a) Purpose.--The primary purpose of the Consensus 
     Commission is to assist in developing a long-term reform plan 
     that has the support of the District of Columbia community 
     through the participation of representatives of various 
     critical segments of such community in helping to develop and 
     approve the plan.
       (b) Findings.--The Congress finds that--
       (1) experience has shown that the failure of the District 
     of Columbia educational system has been due more to the 
     failure to implement a plan than the failure to develop a 
     plan;
       (2) national studies indicate that 50 percent of secondary 
     school graduates lack basic literacy skills, and over 30 
     percent of the 7th grade students in the District of Columbia 
     public schools drop out of school before graduating;
       (3) standard student assessments indicate only average 
     performance for grade level and fail to identify individual 
     students who lack basic skills, allowing too many students to 
     graduate lacking these basic skills and diminishing the worth 
     of a diploma;
       (4) experience has shown that successful schools have good 
     community, parent, and business involvement;
       (5) experience has shown that reducing dropout rates in the 
     critical middle and secondary school years requires 
     individual student involvement and attention through such 
     activities as arts or athletics; and
       (6) experience has shown that close coordination between 
     educators and business persons is required to provide 
     noncollege-bound students the skills necessary for 
     employment, and that personal attention is vitally important 
     to assist each student in developing an appropriate career 
     path.

     SEC. 2853. DUTIES AND POWERS OF THE CONSENSUS COMMISSION.

       (a) Primary Responsibility.--The Board of Education and the 
     Superintendent shall have primary responsibility for 
     developing and implementing the long-term reform plan for 
     education in the District of Columbia.
       (b) Duties.--The Consensus Commission shall--
       (1) identify any obstacles to implementation of the long-
     term reform plan and suggest ways to remove such obstacles;
       (2) assist in developing programs that--
       (A) ensure every student in a District of Columbia public 
     school achieves basic literacy skills;
       (B) ensure every such student possesses the knowledge and 
     skills necessary to think critically and communicate 
     effectively by the completion of grade 8; and
       (C) lower the dropout rate in the District of Columbia 
     public schools;
       (3) assist in developing districtwide assessments, 
     including individual assessments, that identify District of 
     Columbia public school students who lack basic literacy 
     skills, with particular attention being given to grade 4 and 
     the middle school years, and establish procedures to ensure 
     that a teacher is made accountable for the performance of 
     every such student in such teacher's class;
       (4) make recommendations to improve community, parent, and 
     business involvement in District of Columbia public schools 
     and public charter schools;
       (5) assess opportunities in the District of Columbia to 
     increase individual student involvement and attention through 
     such activities as arts or athletics, and make 
     recommendations on how to increase such involvement; and
       (6) assist in the establishment of procedures that ensure 
     every District of Columbia public school student is provided 
     the skills necessary for employment, including the 
     development of individual career paths.
       (c) Powers.--The Consensus Commission shall have the 
     following powers:
       (1) To monitor and comment on the development and 
     implementation of the long-term reform plan.
       (2) To exercise its authority, as provided in this 
     subtitle, as necessary to facilitate implementation of the 
     long-term reform plan.
       (3) To review and comment on the budgets of the Board of 
     Education, the District of Columbia public schools and public 
     charter schools.
       (4) To recommend rules concerning the management and 
     direction of the Board of Education that address obstacles to 
     the development or implementation of the long-term reform 
     plan.
       (5) To review and comment on the core curriculum for 
     kindergarten through grade 12 developed under subtitle D.
       (6) To review and comment on a core curriculum for 
     prekindergarten, vocational and technical training, and adult 
     education.
       (7) To review and comment on all other educational programs 
     carried out by the Board of Education and public charter 
     schools.
       (8) To review and comment on the districtwide assessments 
     for measuring student achievement in the core curriculum 
     developed under subtitle D.
       (9) To review and comment on the model professional 
     development programs for teachers using the core curriculum 
     developed under subtitle D.
       (d) Limitations.--
       (1) In general.--Except as otherwise provided in this 
     subtitle, the Consensus Commission shall have no powers to 
     involve itself in the management or operation of the Board of 
     Education with respect to the implementation of the long-term 
     reform plan.
       (2) Special rule.--If the Consensus Commission determines 
     that the Board of Education has failed to take an action 
     necessary to develop or implement the long-term reform plan 
     or that the Board of Education is unable to do so, the 
     Consensus Commission shall request the Authority to take 
     appropriate action, and the Authority shall take such action 
     as the Authority deems appropriate, to develop or implement, 
     as the case may be, the long-term reform plan.

     SEC. 2854. IMPROVING ORDER AND DISCIPLINE.

       (a) Community Service Requirement for Suspended Students.--
       (1) In general.--Any student suspended from classes at a 
     District of Columbia public school who is required to serve 
     the suspension outside the school shall perform community 
     service for the period of suspension. The community service 
     required by this subsection shall be subject to rules and 
     regulations promulgated by the Mayor.
       (2) Effective date.--This subsection shall take effect on 
     the first day of the 1996-1997 academic year.
       (b) Expiration Date.--This section, and sections 
     2101(b)(1)(K) and 2851(a)(2)(H), shall cease to be effective 
     on the last day of the 1997-1998 academic year.
       (c) Report.--The Consensus Commission shall study the 
     effectiveness of the policies implemented pursuant to this 
     section in improving order and discipline in District of 
     Columbia public schools and report its findings to the 
     appropriate congressional committees not later than 60 days 
     prior to the last day of the 1997-1998 academic year.

     SEC. 2855. EDUCATIONAL PERFORMANCE AUDITS.

       (a) In General.--The Consensus Commission may examine and 
     request the Inspector General of the District of Columbia or 
     the Authority to audit the records of the Board of Education 
     to ensure, monitor, and evaluate the performance of the Board 
     of Education with respect to compliance with the long-term 
     reform plan and such plan's overall educational achievement. 
     The Consensus Commission shall conduct an annual review of 
     the educational performance of the Board of Education with 
     respect to meeting the goals of such plan for such year. The 
     Board of Education shall cooperate and assist in the review 
     or audit as requested by the Consensus Commission.

[[Page S2484]]

       (b) Audit.--The Consensus Commission may examine and 
     request the Inspector General of the District of Columbia or 
     the Authority to audit the records of any public charter 
     school to assure, monitor, and evaluate the performance of 
     the public charter school with respect to the content 
     standards and districtwide assessments described in section 
     2411(b). The Consensus Commission shall receive a copy of 
     each public charter school's annual report.

     SEC. 2856. INVESTIGATIVE POWERS.

       The Consensus Commission may investigate any action or 
     activity which may hinder the progress of any part of the 
     long-term reform plan. The Board of Education shall cooperate 
     and assist the Consensus Commission in any investigation. 
     Reports of the findings of any such investigation shall be 
     provided to the Board of Education, the Superintendent, the 
     Mayor, the District of Columbia Council, the Authority, and 
     the appropriate congressional committees.

     SEC. 2857. RECOMMENDATIONS OF THE CONSENSUS COMMISSION.

       (a) In General.--The Consensus Commission may at any time 
     submit recommendations to the Board of Education, the Mayor, 
     the District of Columbia Council, the Authority, the Board of 
     Trustees of any public charter school and the Congress with 
     respect to actions the District of Columbia Government or the 
     Federal Government should take to ensure implementation of 
     the long-term reform plan.
       (b) Authority Actions.--Pursuant to the District of 
     Columbia Financial Responsibility and Management Assistance 
     Act of 1995 or upon the recommendation of the Consensus 
     Commission, the Authority may take whatever actions the 
     Authority deems necessary to ensure the implementation of the 
     long-term reform plan.

     SEC. 2858. EXPIRATION DATE.

       Except as otherwise provided in this subtitle, this 
     subtitle shall be effective during the period beginning on 
     the date of enactment of this Act and ending 7 years after 
     such date.
      Subtitle M--Parent Attendance at Parent-Teacher Conferences

     SEC. 2901. POLICY.

       Notwithstanding any other provision of law, the Mayor is 
     authorized to develop and implement a policy encouraging all 
     residents of the District of Columbia with children attending 
     a District of Columbia public school to attend and 
     participate in at least one parent-teacher conference every 
     90 days during the academic year.
       (c) 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 as 
     follows, to be effective as if it had been enacted into law 
     as the regular appropriations Act:

                                 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 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)), 
     $567,753,000, 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 
     $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 $567,753,000: 
     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; $97,452,000, 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

[[Page S2485]]

     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, $499,100,000, to 
     remain available for obligation until September 30, 1997, of 
     which $2,000,000 shall be available for activities under 
     section 4 of the Endangered Species Act of 1973 (16 U.S.C. 
     1533), 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 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 by the Secretary of the Interior to issue final 
     determinations under 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 Endangered Species Act, and may be used to issue 
     emergency listings under section 4(b)(7) of the Endangered 
     Species 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, $36,900,000, 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, $1,084,755,000, 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

[[Page S2486]]

     special fee account established pursuant to title V, section 
     5201, of Public Law 100-203.


                  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 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, $49,100,000, 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; $730,330,000, 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; $182,771,000, 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

[[Page S2487]]

     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 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 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

[[Page S2488]]

     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 
     September 30, 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 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

[[Page S2489]]

     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, $57,340,000, 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, 
     $34,516,000.

                      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.
       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

[[Page S2490]]

     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, $177,757,000, 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, $136,695,000, to remain available 
     until expended, as authorized by law: Provided, That of funds 
     available under this heading for Pacific Northwest Assistance 
     in this or prior appropriations Acts, $200,000 shall be 
     provided to the World Forestry Center for purposes of 
     continuing scientific research and other authorized efforts 
     regarding the land exchange efforts in the Umpqua River Basin 
     Region.

                         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 and Private 
     Forestry'', ``National Forest System'', ``Construction'', 
     ``Fire Protection and Emergency Suppression'', and ``Land 
     Acquisition'', $1,255,004,999, 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)), of which not more than $81,249,999 
     shall be available for travel expenses: 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, $163,384,000, 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

[[Page S2491]]

     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 
     and related trail construction funds 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, $41,200,000, 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.
       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

[[Page S2492]]

     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 paragraph shall be interpreted to mandate 
     clear-cutting or require the sale of timber and nothing in 
     this paragraph, including the ASQ identified in Alternative 
     P, shall be construed to limit the Secretary's consideration 
     of new information or to 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), $417,092,000, 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, $553,240,000, 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, 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 of the funds provided, $800,000 shall be used 
     for inhalant abuse treatment programs to treat inhalant abuse 
     and to provide for referrals to specialized treatment 
     facilities in the United States: Provided further, 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

[[Page S2493]]

     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 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,

[[Page S2494]]

     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.

               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.


                              (rescission)

       Of the available balances under this heading, $2,172,000 
     are rescinded.

                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

[[Page S2495]]

     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 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 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

[[Page S2496]]

     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 requirement 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, on 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.
       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

[[Page S2497]]

       (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 Managment 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 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 identify and 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, released, and completed pursuant to paragraph (1) 
     for a period equal to the length of the original contract, 
     and shall not count against current allowable sale quantities 
     or timber sales to be offered under subsections (b) and 
     (d).''
       ``(5) Buy-out authorization.--The Secretary concerned is 
     authorized to permit a requesting purchaser of any sale 
     subject to this subsection to return to the Government all or 
     a specific volume of timber under the sale contract, and 
     shall pay to such purchaser upon tender of such volume a buy-
     out payment for such volume from any funds available to the 
     Secretary concerned except from accounts governing or related 
     to forest land management, fire fighting, timber sale 
     preparation, harvest administration, road construction and 
     maintenance, timber sale program support; any accounts 
     associated with preparing or administering the sale of timber 
     from any public lands under the jurisdiction of the Secretary 
     concerned, range or minerals management; or any permanent 
     appropriation or trust funds. Such volume and such payment 
     shall be mutually agreed to by the Secretary and the 
     purchaser. The authority provided by this paragraph to reach 
     such agreement shall expire 45 days after the enactment of 
     this paragraph.''
       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)--

[[Page S2498]]

       (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. 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

[[Page S2499]]

     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. Notwithstanding any other provision of law, no 
     funds made available to the Department of the Interior or the 
     Department of Agriculture by this or any other act, through 
     May 15, 1997, may be used to prepare, issue, or implement 
     regulations, rules, or policies pursuant to Title VIII of the 
     Alaska National Interest Lands Conservation Act to assert 
     jurisdiction, management, or control over navigable waters 
     transferred to the State of Alaska pursuant to the Submerged 
     Lands Act of 1953 or the Alaska Statehood Act of 1959.
       Sec. 337. Upon enactment of this Act, the following 
     provisions of Public Law 104-92, Public Law 104-91, and 
     Public Law 104-99 that would continue to have effect after 
     March 15, 1996, are superseded:
       Section 101 of Public Law 104-92, as amended: (1) the 
     paragraph dealing with general welfare assistance payments 
     and foster care payments funded under the account heading 
     ``Operations of Indian Programs''; and (2) the paragraph 
     dealing with the visitor services in the National Park 
     System, the National Wildlife Refuges, the National Forests, 
     the Smithsonian Institution facilities, the National Gallery 
     of Art, the John F. Kennedy Center for the Performing Arts, 
     and the United States Holocaust Memorial.
       Section 101(a) of Public Law 104-91: (1) the paragraph 
     dealing with visitor services on the public lands managed by 
     the Bureau of Land Management; and (2) the paragraph dealing 
     with Self-Determination and Self-Governance projects and 
     activities under the account heading ``Operations of Indian 
     Programs'' and the account heading ``Indian Health Service''.
       Section 123 of Public Law 104-99.
       Section 124 of Public Law 104-99.
       This Act may be cited as the ``Department of the Interior 
     and Related Agencies Appropriations Act, 1996''.
       (d) 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 as follows, to be 
     effective as if it had been enacted into law as the regular 
     appropriations Act:

                                 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, and $126,672,000 shall be for 
     carrying out title II, part C of such Act and $5,000,000 
     shall be available for obligation for the period July 1, 1995 
     through June 30, 1996 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-A 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, $273,000,000.
       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, $77,000,000.

              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

[[Page S2500]]

     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.


        payments to the unemployment trust fund and other funds

                              (rescission)

       Of the amounts remaining unobligated under this heading as 
     of September 30, 1995, $266,000,000 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, $288,985,000 including not to exceed 
     $70,615,000 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

[[Page S2501]]

     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 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, $140,077,000; together with not to 
     exceed $303,000, which may be expended from the Employment 
     Security Administration account in the Unemployment Trust 
     Fund: Provided, That no funds made available by this Act may 
     be used by the Solicitor of Labor to participate in a review 
     in any United States court of appeals of any decision made by 
     the Benefits Review Board under Section 21 of the Longshore 
     and Harbor Workers' Compensation Act (33 U.S.C. 921) where 
     such participation is precluded by the decision of the United 
     States Supreme Court in Director, Office of Workers' 
     Compensation Programs v. Newport News Shipbuilding, 115 S. 
     Ct. 1278, (1995): Provided further, That no funds made 
     available by this Act may be used by the Secretary of Labor 
     after September 12, 1996, to review a decision under the 
     Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 
     et seq.) that has been appealed and that has been pending 
     before the Benefits Review Board for more than 12 months: 
     Provided further, That any such decision pending a review by 
     the Benefits Review Board for more than one year shall, if 
     not acted upon by the Board before September 12, 1996, be 
     considered affirmed by the Benefits Review Board on that 
     date, and shall be considered the final order of the Board 
     for purposes of obtaining a review in the United States 
     courts of appeals: Provided further, That beginning on 
     September 13, 1996, the Benefits Review Board shall make a 
     decision on an appeal of a decision under the Longshore and 
     Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) not 
     later than 1 year after the date the appeal to the Benefits 
     Review Board was filed; however, if the Benefits Review Board 
     fails to make a decision within the 1-year period, the 
     decision under review shall be considered the final order of 
     the Board for purposes of obtaining a review in the United 
     States courts of appeals.


                          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. None of the funds made available in this Act may 
     be used by the Occupational Safety and Health Administration 
     to promulgate or issue any proposed or final standard or 
     guideline regarding ergonomic protection. Nothing in this 
     section shall be construed to limit the Occupational Safety 
     and Health Administration from conducting any peer reviewed 
     risk assessment activity regarding ergonomics, including 
     conducting peer reviews of the scientific basis for 
     establishing any standard or guideline, direct or contracted 
     research, or other activity necessary to fully establish the 
     scientific basis for promulgating any standard or guideline 
     on ergonomic protection.


                          (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.
       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, Public Law 101-527, and the Native 
     Hawaiian Health Care Act of 1988, as amended, $2,954,864,000, 
     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 the Secretary 
     shall use amounts available for section 2603(b) of the Public 
     Health Service Act as necessary to ensure that fiscal year 
     1996 grant awards made under section 2603(a) of such Act to 
     eligible areas that received such grants in fiscal year 1995 
     are not less than the fiscal year 1995 level: Provided 
     further, That of the amounts available for Area Health 
     Education Centers, $24,125,000 shall be for section 
     746(i)(1)(A) of the Health Professions Education Extension 
     Amendments of 1992, notwithstanding section 746(i)(1)(C).

               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

[[Page S2502]]

     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.

       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, 
     $1,800,469,000.

     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, $65,390,000; 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 
     $63,080,000.

                  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 $2,111,406,000, 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 $2,111,406,000, 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

                         (including 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.
       For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, $1,000,000,000, to be available 
     for obligation in the period October 1, 1996 through 
     September 30, 1997.
       For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, an additional $300,000,000 to 
     remain available until expended: Provided, That all of the 
     funds available under this paragraph 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: Provided further, That these funds shall 
     be made available only after submission to Congress of a 
     formal budget request by the President 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.

                     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, $2,380,000,000: Provided, That 
     notwithstanding section 2003(c) of such Act, the amount 
     specified for allocation under such section for fiscal year 
     1996 shall be $2,380,000,000.

                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; 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, $4,585,546,000; of which $435,463,000 
     shall be for making payments under the Community Services 
     Block Grant Act: 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 carryover 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.

[[Page S2503]]

                        Administration on Aging

                        aging services programs

       For carrying out, to the extent not otherwise provided, the 
     Older Americans Act of 1965, as amended, $831,027,000: 
     Provided, That notwithstanding section 308(b)(1) of such Act, 
     the amounts available to each State for administration of the 
     State plan under title III of such Act shall be reduced not 
     more than 5 percent below the amount that was available to 
     such State for such purpose for fiscal year 1995.

                        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, XX, and XXI of the 
     Public Health Service Act, $130,499,000, 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.

                      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, $58,492,000, together with not to exceed 
     $20,670,000, 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, together with any funds, to remain 
     available until expended, that represent the equitable share 
     from the forfeiture of property in investigations in which 
     the Office of Inspector General participated, and which are 
     transferred to the Office of the Inspector General by the 
     Department of Justice, the Department of the Treasury, or the 
     United States Postal Service.

                        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.


            public health and social services emergency fund

       For expenses necessary to prepare to respond to the health 
     and medical consequences of nuclear, chemical, or biologic 
     attack in the United States, $7,000,000, to remain available 
     until expended and, in addition, for clinical trials, 
     applying imaging technology used for missile guidance and 
     target recognition to new uses improving the early detection 
     of breast cancer, $2,000,000, to remain available until 
     expended.

                           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.
       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. 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. 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.


                              (rescission)

       Sec. 209. Of the amounts made available under the account 
     heading ``Disease Control, Research, and Training'' under the 
     Centers for Disease Control and Prevention, Department of 
     Health and Human Services in Public Law 103-333, Public Law 
     103-112, and Public Law 102-394 for immunization activities, 
     $53,000,000 are hereby rescinded.
       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.
       Sec. 211. The Director of the Centers for Disease Control 
     and Prevention may redirect the total amount made available 
     under the authority of Public Law 101-502, section 3, dated 
     November 3, 1990, to activities the Director may so 
     designate: Provided, That the Congress is to be notified 
     promptly of any such transfer.


                          (transfer of funds)

       Sec. 212. Notwithstanding any other provision of this Act 
     or of Public Law 104-91, the Director of the Office of AIDS 
     Research, National Institutes of Health, in consultation with 
     the Director, National Institutes of Health, may transfer up 
     to 3 percent among Institutes from the total amounts 
     identified in each Institute for AIDS research: Provided, 
     That such transfers shall be within 30 days of enactment of 
     this Act and be based on the scientific priorities 
     established in the plan developed by the Director in 
     accordance with section 2353 of Public Law 103-43: Provided 
     further, That the Congress is promptly notified of the 
     transfer.
       Sec. 213. If the Secretary fails to approve the application 
     for waivers related to the Achieving Change for Texans, a 
     comprehensive reform of the Texas Aid To Families With 
     Dependent Children program designed to encourage work instead 
     of welfare, a request under section 1115(a) of the Social 
     Security Act submitted by the Texas Department of Human 
     Services on September 30, 1995, by the date of enactment of 
     this Act, notwithstanding the Secretary's authority to 
     approve the applications under such section, the application 
     shall be deemed approved.
       Sec. 214. (a) Reimbursement of Certain Claims Under the 
     Medicaid Program.--Notwithstanding any other provision of 
     law, and subject to subsection (b), in the case where payment 
     has been made by a State under title XIX of the Social 
     Security Act between December 31, 1993, and December 31, 
     1995, to a State-operated psychiatric hospital for services 
     provided directly by the hospital or by providers under 
     contract or agreement with the hospital, and the Secretary of 
     Health and Human Services has notified the State that the 
     Secretary intends to defer the determination of claims for 
     reimbursement related to such payment but for which a 
     deferral of such claims has not been taken as of March 1, 
     1996, (or, if such claims have been deferred as of such date, 
     such claims have not been disallowed by such date), the 
     Secretary shall--
       (1) if, as of the date of the enactment of this title, such 
     claims have been formally deferred or disallowed, discontinue 
     any such action, and if a disallowance of such claims has 
     been taken as of such date, rescind any payment reductions 
     effected;
       (2) not initiate any deferral or disallowance proceeding 
     related to such claims; and
       (3) allow reimbursement of such claims.
       (b) Limitation on Rescission or Reimbursement of Claims.--
     The total amount of payment reductions rescinded or 
     reimbursement of claims allowed under subsection (a) shall 
     not exceed $54,000,000.
       (c) Offset of Funds.--Notwithstanding any other provision 
     of this Act, the amounts on lines 5 and 8 of page 570 
     (relating to the Social Services Block Grant) shall each be 
     reduced by $70,000,000.
       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 III and IV 
     of the Goals 2000: Educate America Act and the School-to-Work 
     Opportunities Act, $385,000,000, of which $290,000,000 for 
     the Goals 2000: Educate America Act and $95,000,000 for the 
     School-to-Work Opportunities Act which shall become available 
     on July 1, 1996, and remain available through September 30, 
     1997: Provided, That notwithstanding section 311(e) of Public 
     Law 103-227, the Secretary is authorized to grant up to six 
     additional State education agencies authority to waive 
     Federal statutory or regulatory requirements for fiscal year 
     1996 and succeeding fiscal years.

                    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, $6,513,511,000, of which $6,497,172,000 shall 
     become available on July 1, 1996 and shall remain available 
     through September 30, 1997: Provided, That $5,266,863,000 
     shall be available for basic grants under section 1124: 
     Provided further, That up to $3,500,000 of these funds shall 
     be available to the Secretary on October 1, 1995, to obtain 
     updated local-educational-agency-level census poverty data 
     from the Bureau of the Census: Provided further, That 
     $692,341,000 shall be available for concentration grants 
     under section 1124(A) and $3,370,000 shall be available for 
     evaluations under section 1501.

                               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, $691,159,000, 
     of which $581,170,000 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

[[Page S2504]]

     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, VII-B, 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; $948,987,000 of which $775,760,000 
     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, 
     without regard to section 7103(b), $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.

                           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: Provided, That the 
     Republic of the Marshall Islands and the Federated States of 
     Micronesia shall be considered jurisdictions for the purposes 
     of section 611(e)(1), of the Individuals with Disabilities 
     Education Act: Provided further, That notwithstanding section 
     621(e), funds made available for section 621 shall be 
     distributed among each of the regional centers and the 
     Federal center in proportion to the amount that each such 
     center received in fiscal year 1995.

            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.

           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 
     Act, the Adult Education Act, and the National Literacy Act 
     of 1991, $1,257,888,000, of which $4,869,000 shall be for the 
     National Institute for Literacy, and of which $5,100,000 
     shall be available to carry out title VI of the National 
     Literacy Act of 1991; and of which $1,254,969,000 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 and no funds shall be available for State 
     councils under section 112.

                      student financial assistance

       For carrying out subparts 1, 3, and 4 of part A, part C, 
     and part E of title IV of the Higher Education Act of 1965, 
     as amended, $6,165,290,000, which shall remain available 
     through September 30, 1997: Provided, That notwithstanding 
     section 401(a)(1) of the Act, there shall be not to exceed 
     3,634,000 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 
     $4,814,000,000 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), chapters I and II of subpart 2 and subpart 
     6 of part A of title IV, subpart 2 of part E of title V, 
     parts A, B and C of title VI, title VII, parts C, D, and G of 
     title IX, part A and subpart 1 of part B of title X, and 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: Provided, That notwithstanding sections 419D, 
     419E, and 419H of the Higher Education Act, as amended, 
     scholarships made under title IV, part A, subpart 6 shall be 
     prorated to maintain the same number of new scholarships in 
     fiscal year 1996 as in fiscal year 1995.

                           howard university

       For partial support of Howard University (20 U.S.C. 121 et 
     seq.), $174,671,000: Provided, That from the amount 
     available, the University may at its discretion use funds for 
     the endowment program as authorized under the Howard 
     University Endowment Act (Public Law 98-480).

                   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; sections 2102, 3134, 
     and 3136, parts B, C, and D of title III, parts A, B, I, and 
     K, and section 10601 of title X, part C of title XIII of the 
     Elementary and Secondary Education Act of 1965, as amended, 
     and title VI of the Goals 2000: Educate America Act, 
     $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 sections 3136 and 3141 
     of the Elementary and Secondary Education Act: Provided 
     further, That $51,000,000 shall be for regional laboratories, 
     $5,000,000 shall be for International Education Exchange, and 
     $3,000,000 shall be for the elementary mathematics and 
     science equipment projects under the fund for the improvement 
     of education: Provided further That funds shall be used to 
     extend star schools partnership projects that received 
     continuation grants in fiscal year 1995.

                               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; 
     and $2,500,000 shall be for section 222 and $2,000,000 shall 
     be for section 223 of the Higher Education Act: Provided, 
     That $1,000,000 shall be awarded to a nonprofit foundation 
     using multi-media technology to document and archive not less 
     than 40,000 holocaust survivors' testimony: Provided further, 
     That $1,000,000 shall be for the continued funding of an 
     existing demonstration project making information available 
     for public use by connecting Internet to a multistate 
     consortium.

                        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.

[[Page S2505]]

                        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. Notwithstanding any other provision of law, funds 
     available under section 458 of the Higher Education Act shall 
     not exceed $460,000,000 for fiscal year 1996. The Department 
     of Education shall pay (i) administrative cost allowances 
     owed to guaranty agencies for fiscal year 1995 estimated at 
     $95,000,000. The Department of Education shall pay 
     administrative cost allowances to guaranty agencies, payable 
     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 shall be in 
     accordance with section 428(f).
       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 during fiscal year 1996, nor may the Secretary 
     require the return of guaranty agency reserve funds during 
     fiscal year 1996, except after consultation with appropriate 
     committees of Congress.
       No funds available to the Secretary may be used for payment 
     of administrative fees relating to the William D. Ford Direct 
     Loan Program to institutions of higher education.
       Sec. 305. (a)(1) From any unobligated funds that are 
     available to the Secretary of Education to carry out section 
     5 or 14 of the Act of September 23, 1950 (Public Law 815, 
     81st Congress) (as such Act was in effect on September 30, 
     1994) not less than $11,500,000 shall be available to the 
     Secretary of Education to carry out subsection (b).
       (2) Any unobligated funds described in paragraph (1) that 
     remain unobligated after the Secretary of Education carries 
     out such paragraph shall be available to the Secretary of 
     Education to carry out section 8007 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7707).
       (b)(1) The Secretary of Education shall award the funds 
     described in subsection (a)(1) to local educational agencies, 
     under such terms and conditions as the Secretary of Education 
     determines appropriate, for the construction of public 
     elementary or secondary schools on Indian reservations or in 
     school districts that--
       (A) the Secretary of Education determines are in dire need 
     of construction funding;
       (B) contain a public elementary or secondary school that 
     serves a student population which is 90 percent Indian 
     students; and
       (C) serve students who are taught in inadequate or unsafe 
     structures, or in a public elementary or secondary school 
     that has been condemned.
       (2) A local educational agency that receives construction 
     funding under this subsection for fiscal year 1996 shall not 
     be eligible to receive any funds under section 8007 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7707) for school construction for fiscal years 1996 and 1997.
       (3) As used in this subsection, the term ``construction'' 
     has the meaning given that term in section 8013(3) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7713(3)).
       (4) No request for construction funding under this 
     subsection shall be approved unless the request is received 
     by the Secretary of Education not later than 30 days after 
     the date of enactment of this Act.
       Sec. 306. (a) Section 428(n) of the Higher Education Act of 
     1965 (20 U.S.C. 1078(n)) is amended by adding at the end the 
     following new paragraph:
       ``(5) Applicability to part d loans.--The provisions of 
     this subsection shall apply to institutions of higher 
     education participating in direct lending under part D with 
     respect to loans made under such part, and for the purposes 
     of this paragraph, paragraph (4) shall be applied by 
     inserting `or part D' after `this part'.''.
       (b) The amendment made by subsection (a) shall take effect 
     on July 1, 1996.
       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, $201,294,000, of 
     which $5,024,000 shall be available to carry out section 109 
     of the Domestic Volunteer Service Act of 1973.

                  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), $32,396,000 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

[[Page S2506]]

     95 per centum of the water stored or supplied thereby is used 
     for farming purposes.

                        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, $18,595,012,000, to 
     remain available until expended, of which $1,500,000 shall be 
     for a demonstration program to foster economic independence 
     among people with disabilities through disability sport, in 
     connection with the Tenth Paralympic Games: 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.
       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 
     $5,271,183,000 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: Provided further, That unobligated balances at the end 
     of fiscal year 1996 shall remain available until expended for 
     a state-of-the-art computing network, including related 
     equipment and administrative expenses associated solely with 
     this network.
       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, 
     $167,000,000, 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 in 
     administering the Railroad Retirement Act and the Railroad 
     Unemployment Insurance Act, $89,094,000, to be derived as 
     authorized by section 15(h) of the Railroad Retirement Act 
     and section 10(a) of the Railroad Unemployment Insurance Act, 
     from the accounts referred to in those sections.

                  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

[[Page S2507]]

     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. 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. 510. 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. 511. 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. 512. None of the funds made available in this Act may 
     be used for Pell Grants 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. 513. No more than 1 percent of salaries appropriated 
     for each Agency in this Act may be expended by that Agency on 
     cash performance awards: Provided, That of the budgetary 
     resources available to Agencies in this Act for salaries and 
     expenses during fiscal year 1996, $30,500,000, to be 
     allocated by the Office of Management and Budget, are 
     permanently canceled: Provided further, That the foregoing 
     proviso shall not apply to the Food and Drug Administration 
     and the Indian Health Service.
       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.
       This Act may be cited as the ``Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 1996''.
       (e) 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 as follows, to be 
     effective as if it had been enacted into law as the regular 
     appropriations Act:

                                 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: 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

[[Page S2508]]

     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) $50,000 for travel in the Office of the Secretary, (2) 
     $75,000 for travel in the Office of the Assistant Secretary 
     for Policy and Planning, (3) $33,000 for travel in the Office 
     of the Assistant Secretary for Congressional Affairs, and (4) 
     $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 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

[[Page S2509]]

     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. 108. 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, $10,103,795,000, 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, or for carrying out 
     activities under section 6(j) of the Act: 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 $209,000,000 
     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 August 15, 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 August 15, 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 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 
     termination 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 April 15, 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 
     September 15, 1996: (1) projects with approved plans of 
     action to retain the housing that file a modified plan of 
     action no later than August 15, 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

[[Page S2510]]

     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 rents and rent 
     increases for tenants of projects for which plans of action 
     are funded under section 220(d)(3)(B) of LIHPRHA shall be 
     governed in accordance with the requirements of the program 
     under which the first mortgage is insured or made (sections 
     236 or 221(d)(3) BMIR, as appropriate): Provided further, 
     That the immediately foregoing proviso shall apply hereafter 
     to projects for which plans of action are to be funded under 
     such section 220(d)(3)(B), and shall apply to any project 
     that has been funded under such section starting one year 
     after the date that such project was funded: 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, $380,000,000, to remain 
     available until expended: Provided, That the Secretary of 
     Housing and Urban Development shall award such funds to 
     public housing agencies based upon, 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 $380,000,000, 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 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: Provided further, That 
     notwithstanding section 5130(c) of the Anti-Drug Abuse Act of 
     1988 (42 U.S.C. 11909(c)), the Secretary may determine not to 
     use any such funds to provide public housing youth sports 
     grants: Provided further, That an additional $30,000,000, to 
     be derived by transfer from unobligated balances from the 
     Homeownership and Opportunity for People Everywhere Grants 
     (HOPE Grants) account, shall be available for use for grants 
     for federally-assisted low-income housing, in addition to any 
     other amount made available for this purpose under this 
     heading, without regard to any percentage limitation 
     otherwise applicable.


                  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.

[[Page S2511]]

                          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.
       Of the amount otherwise made available under this heading 
     in this Act, notwithstanding any other provision of law, 
     $80,000,000 shall be available for Economic Development 
     Initiative grants as authorized by section 232 of the 
     Multifamily Housing Property Disposition Reform Act of 1994, 
     Public Law 103-233, on a competitive basis as required by 
     section 102 of the HUD Reform Act.
       Of the amount made available under this heading, 
     notwithstanding any other provision of law, $13,000,000 shall 
     be for a grant to Watertown, South Dakota for the 
     construction of wastewater treatment facilities.
       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 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

[[Page S2512]]

     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, replacement of public housing, other 
     capital purposes, and for associated management improvements, 
     and such other extraordinary purposes as may be approved by 
     the Secretary. Low-income and very low-income units assisted 
     under this paragraph shall be eligible for operating 
     subsidies, unless the Secretary determines that such units or 
     projects do not meet other requirements of this Act.
       ``(2) A public housing agency may provide assistance to 
     developments that include units for other than units assisted 
     under this Act (except for units assisted under section 8 
     hereof) (`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 30 years, by master contract or by 
     individual lease, for occupancy by low-income and very low-
     income families referred from time to time by the public 
     housing agency from its central or site-based waiting list. 
     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 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. 203. (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

[[Page S2513]]

       (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. 204. (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. 206. (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 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 
     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;
       (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

[[Page S2514]]

     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. 208. (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. 209. 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. 210. 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. 211. 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. 212. 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.


                FHA MULTIFAMILY DEMONSTRATION AUTHORITY

       Sec. 213. (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

[[Page S2515]]

     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), 
     $15,000,000, 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. 216. 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. 217. All remaining obligated and unobligated balances 
     in the Renewal of Expiring Section 8 Subsidy Contracts 
     account on September 30, 1995, shall immediately thereafter 
     be transferred to and merged with the obligated and 
     unobligated balances, respectively, of the Annual 
     Contributions for Assisted Housing account.


                            debt forgiveness

       Sec. 218. (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.


                             clarifications

       Sec. 219. 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. 220. (a) By the end of fiscal year 1996 the Department 
     of Housing and Urban Development shall employ no more than 
     eight 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 85 
     schedule C and 20 non-career senior executive service 
     employees.


                              use of funds

       Sec. 221. (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. 222. (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

[[Page S2516]]

     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. 223. 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. 223A. 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. 223B. 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 
     effective the date of enactment of Public Law 104-19. The 
     Secretary is authorized to demolish the structures identified 
     in such section. The Secretary is also authorized to 
     compensate those local governments which, due to this 
     provision, expended local revenues demolishing the 
     developments identified in such provision.


              fha single-family assignment program reform

       Sec. 223C. (a) Correction to Foreclosure Avoidance 
     Provision.-- The penultimate proviso of section 204(a) of the 
     National Housing Act (12 U.S.C. 1710(a)). As added by section 
     407(a) of the Balanced Budget Downpayment Act, I, is amended 
     by striking ``special foreclosure'' and inserting in lieu 
     thereof ``special forebearance''.
       (b) Correction to Savings Provision.--Section 230(d) of the 
     National Housing Act, as amended by section 407(b) of the 
     Balanced Budget Downpayment Act, I, is amended to read as 
     follows:
       ``(d) Savings Provision.--Any mortgage for which the 
     mortgagor has applied to the Secretary, before March 15, 
     1996, for assignment pursuant to subsection (b) of this 
     section as in effect before enactment of the Balanced Budget 
     Downpayment Act, I, shall continue to be governed by the 
     provisions of this section as in effect immediately before 
     enactment of the Balanced Budget Downpayment Act, I.''
       (c) Correction to Date for Regulations.--Section 407(d) of 
     the Balanced Budget Downpayment Act, I, is amended to read as 
     follows:
       ``(d) Regulations.--Not later than April 15, 1996, the 
     Secretary of Housing and Urban Development shall issue 
     interim regulations to implement this section and the 
     amendments made by this section.''


                          spending limitations

       Sec. 223D. (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. 223E. 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
       (7) by redesignating paragraph (21) (as added by section 
     1012(f)(3) of the Housing and Community Development Act of 
     1992) as paragraph (25).
       Sec. 227. (a) The second sentence of section 236(f)(1) of 
     the National Housing Act, as amended by section 405(d)(1) of 
     The Balanced Budget Downpayment Act, I, is amended--
       (1) by striking ``or (ii)'' and inserting ``(ii)''; and
       (2) by striking ``located,'' and inserting: ``located, or 
     (iii) the actual rent (as determined by the Secretary) paid 
     for a comparable unit in comparable unassisted housing in the 
     market area in which the housing assisted under this section 
     is located,''.
       (b) The first sentence of section 236(g) of the National 
     Housing Act is amended by inserting the phrase ``on a unit-
     by-unit basis'' after ``collected''.

                               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.

                       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, $50,000,000, 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 obligations for the 
     principal amount of direct loans not to exceed $31,600,000: 
     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 
     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.

                   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

                     (including transfer of funds)

       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,

[[Page S2517]]

     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 August 21, 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.) (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 ensure 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 
     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 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 1, 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 the provisions of the Inspector General Act 
     of 1978, $2,000,000.

                       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; $1,590,300,000, 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, and
       (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.


                     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 $1,263,400,000, to remain available until 
     expended, consisting of $1,013,400,000 as authorized by 
     section 517(a) of the Superfund Amendments and 
     Reauthorization Act of 1986 (SARA), as amended by Public Law 
     101-508 (of which, $100,000,000 shall not become available 
     until September 1, 1996), 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 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.

[[Page S2518]]

              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, $2,423,000,000, to remain 
     available until expended, of which $1,500,000,000 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 $1,500,000,000 for 
     capitalization grants for State revolving funds to support 
     water infrastructure financing, $325,000,000 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.
       Sec. 305. Notwithstanding any other provision of law, the 
     Environmental Protection Agency 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 purpose 
     of environmental remediation and rehabilitation of real 
     property included in the boundaries of the CERT project. 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.
       Further, notwithstanding any other provision of law, the 
     agency 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.

                   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, $2,180,000.

                  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 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

[[Page S2519]]

     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 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

[[Page S2520]]

     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 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.

[[Page S2521]]

       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''.

  TITLE II--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR 
                       ENDING SEPTEMBER 30, 1996

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                 Natural Resources Conservation Service


               WATERSHED AND FLOOD PREVENTION OPERATIONS

       For an additional amount for ``Watershed and Flood 
     Prevention Operations'' to repair damages to waterways and 
     watersheds resulting from flooding in the Pacific Northwest, 
     the Northeast blizzards and floods, and other natural 
     disasters, $107,514,000, to remain available until expended: 
     Provided, That if the Secretary determines that the cost of 
     land and farm structures restoration exceeds the fair market 
     value of an affected cropland, the Secretary may use 
     sufficient amounts from funds provided under this heading to 
     accept bids from willing sellers to provide conservation 
     easements for such cropland inundated by floods as provided 
     for by the Wetlands Reserve Program, authorized by subchapter 
     C of chapter 1 of subtitle D of title XII of the Food 
     Security Act of 1985 (16 U.S.C. 3837): Provided further, That 
     the entire amount 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.

                    Consolidated Farm Service Agency


                     EMERGENCY CONSERVATION PROGRAM

       For necessary expenses to carry into effect the program 
     authorized in sections 401, 402, and 404 of title IV of the 
     Agricultural Credit Act of 1978 (16 U.S.C. 2201-2205) for 
     expenses resulting from floods in the Pacific Northwest and 
     other natural disasters, $30,000,000, to remain available 
     until expended, as authorized by 16 U.S.C. 2204: Provided, 
     That the entire amount 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.

            Rural Housing and Community Development Service


              RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

       For an additional amount for the ``Rural Housing Insurance 
     Fund Program Account'' for the cost of direct loans to assist 
     in the recovery from floods in the Pacific Northwest and 
     other natural disasters, to remain available until expended, 
     $5,000,000 for the cost of section 502 direct loans; and 
     $1,500,000 for the cost of section 504 housing repair loans: 
     Provided, That the entire amount 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.


                 VERY LOW-INCOME HOUSING REPAIR GRANTS

       For an additional amount for ``Very Low-Income Housing 
     Repair Grants'' to make housing repairs needed as a result of 
     floods and other natural disasters, pursuant to Section 504 
     of the Housing Act of 1949, as amended, $1,100,000, to remain 
     available until expended: Provided, That the entire amount 
     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.

                        Rural Utilities Service


                   rural utilities assistance program

       For an additional amount for the ``Rural Utilities 
     Assistance Program'' for the cost of direct loans and grants 
     to assist in the recovery from floods in the Pacific 
     Northwest and other natural disasters, $11,000,000, to remain 
     available until expended: Provided, That such funds may be 
     available for emergency community water assistance grants as 
     authorized by 7 U.S.C. 1926b: Provided further, That the 
     entire amount 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.

                        Administrative Provision

       With the prior approval of the House and Senate Committees 
     on Appropriations, funds appropriated to the Department of 
     Agriculture under this chapter may be transferred by the 
     Secretary of Agriculture between accounts of the Department 
     of Agriculture included in this Act to satisfy emergency 
     disaster funding requirements.

                               CHAPTER 2

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                                AGENCIES

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration


                economic development assistance programs

       For an additional amount for emergency expenses resulting 
     from flooding in the Pacific Northwest, and in the Devils 
     Lake Basin in North Dakota $25,000,000, to remain available 
     until expended for grants and related expenses pursuant to 
     the Public Works and Economic Development Act of 1965, as 
     amended; and in addition, $2,500,000 for administrative 
     expenses to remain available until expended, which may be 
     transferred to and merged with the appropriations for 
     ``Salaries and expenses'': Provided, That the entire amount 
     is hereby 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 the entire 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 as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted to Congress.

            National Oceanic and Atmospheric Administration


                              construction

       For an additional amount for ``Construction'' for emergency 
     expenses resulting from flooding in the Pacific Northwest and 
     other natural disasters, $10,000,000, to remain available 
     until expended: Provided, That the entire amount is hereby 
     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 AGENCY

                     Small Business Administration


                     disaster loans program account

       For an additional amount for ``Disaster Loans Program 
     Account'', $69,700,000 for the cost of direct loans, 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; and for administrative expenses to carry out the direct 
     loan program, $30,300,000, to remain available until 
     expended: Provided, That both amounts are hereby designated 
     by Congress as emergency requirements pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                               CHAPTER 3

                      ENERGY AND WATER DEVELOPMENT

                      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'', $30,000,000, to remain

[[Page S2522]]

     available until expended: Provided, That the entire amount 
     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.


                 flood control and coastal emergencies

       For an additional amount for ``Flood Control and Coastal 
     Emergencies'', $135,000,000, to remain available until 
     expended: Provided, That the entire amount 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.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                          CONSTRUCTION PROGRAM

       For an additional amount for the ``Construction Program'', 
     $18,000,000, to remain available until expended: Provided, 
     That the entire amount 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 4

            DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                        Construction and Access

       For an additional amount for ``Construction and Access'', 
     $5,000,000, to remain available until expended, to repair 
     roads, culverts, bridges, facilities, fish and wildlife 
     protective structures, and recreation sites, damaged due to 
     the Pacific Northwest flooding: Provided, That the entire 
     amount 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.


                   Oregon and California Grant Lands

       For an additional amount for ``Oregon and California Grant 
     Lands'', $35,000,000, to remain available until expended, to 
     repair roads, culverts, bridges, facilities, fish and 
     wildlife protective structures, and recreation sites, damaged 
     due to the Pacific Northwest flooding: Provided, That the 
     entire amount 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.

                United States Fish and Wildlife Service


                          resource management

       For an additional amount for Resource Management, 
     $1,600,000, to remain available until expended, to provide 
     technical assistance to the Natural Resource Conservation 
     Service, the Federal Emergency Management Agency, the United 
     States Army Corps of Engineers and other agencies on fish and 
     wildlife habitat issues related to damage caused by floods, 
     storms and other acts of nature: Provided, That the entire 
     amount 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)(D)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.


                              Construction

       For an additional amount for ``Construction'', $37,300,000, 
     to remain available until expended, to repair damage caused 
     by hurricanes, floods and other acts of nature, and to 
     protect natural resources in the Devils Lake Basin in North 
     Dakota: Provided, That the entire amount 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.

                         National Park Service


                              Construction

       For an additional amount for ``Construction'', $47,000,000, 
     to remain available until expended, to repair damage caused 
     by hurricanes, floods and other acts of nature: Provided, 
     That the entire amount 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.

                    United States Geological Survey


                 Surveys, Investigations, and Research

       For an additional amount for ``Surveys, investigations, and 
     research'', $2,000,000, to remain available until September 
     30, 1997, for the costs related to hurricanes, floods and 
     other acts of nature: Provided, That the entire amount 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.

                        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, 
     1998, for emergency operations and repairs related to winter 
     floods: Provided, That the entire amount 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.


                              Construction

       For an additional amount for ``Construction'', $16,500,000, 
     to remain available until expended, for emergency repairs 
     related to winter floods: Provided, That the entire amount 
     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.

                 Territorial and International Affairs


                       Assistance to Territories

       For an additional amount for ``Assistance to Territories'', 
     $13,000,000, to remain available until expended, for recovery 
     efforts from Hurricane Marilyn: Provided, That the entire 
     amount 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.

                       DEPARTMENT OF AGRICULTURE


                         National Forest System

       For an additional amount for ``National Forest System'', 
     $26,600,000, to remain available until expended, to repair 
     damage caused by hurricanes, floods and other acts of nature, 
     including $300,000 for the costs associated with response and 
     rehabilitation, including access repairs, at the Amalgamated 
     Mill site in the Willamette National Forest containing 
     sulphur-rich and other mining tailings in order to prevent 
     contamination of Battle Ax Creek, and the Little North Fork 
     of the Santiam River, from which the City of Salem, Oregon, 
     obtains its municipal water supply: Provided, That the entire 
     amount 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.

[[Page S2523]]

                              Construction

       For an additional amount for ``Construction'', $60,800,000, 
     to remain available until expended: Provided, That the entire 
     amount 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 5

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


                        PAYMENTS TO AIR CARRIERS

       The first proviso under the head ``Payments to Air 
     Carriers'' in Title I of the Department of Transportation and 
     Related Agencies Appropriations Act, 1996 (Public Law 104-
     50), is amended to read as follows: ``Provided, That none of 
     the funds in this Act shall be available for the 
     implementation or execution of programs in excess of 
     $22,600,000 from the Airport and Airway Trust Fund for the 
     Payments to Air Carriers program in fiscal year 1996:''.

                     Federal Highway Administration


                          FEDERAL-AID HIGHWAYS

                          (HIGHWAY TRUST FUND)

       For the Emergency Fund authorized by 23 U.S.C. 125 to cover 
     expenses arising from the January 1996 flooding in the Mid-
     Atlantic, Northeast, and Northwest States and other 
     disasters, $300,000,000, to be derived from the Highway Trust 
     Fund and to remain available until expended: Provided, That 
     the entire amount 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 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: Provided further, That the provisions of 23 U.S.C. 
     125(b)(1) shall not apply to projects relating to the January 
     1996 flooding in the Mid-Atlantic, Northeast, and Northwest 
     States.

                    Federal Railroad Administration


                     LOCAL RAIL FREIGHT ASSISTANCE

       For expenses pursuant to subtitle 5 of the Department of 
     Transportation Act (49 U.S.C.), to repair and rebuild rail 
     lines of other than class I railroads as defined by the 
     Surface Transportation Board or railroads owned or controlled 
     by a class I railroad, having carried 5 million gross ton 
     miles or less per mile during the prior year, and damaged as 
     a result of the floods of 1996, $10,000,000: Provided, That 
     for the purposes of administering this emergency relief, the 
     Secretary of Transportation shall have authority to make 
     funds available notwithstanding section 22101, (a)(1) and (3) 
     and (d), sections 22102 to 22104, section 22105(a) and 
     section 22108, (a) and (b) of 49 U.S.C. as the Secretary 
     deems appropriate and shall consider the extent to which the 
     State has available unexpended local rail freight assistance 
     funds or available repaid loan funds: Provided further, That, 
     notwithstanding 49 U.S.C. chapter 221, the Secretary may 
     prescribe the form and time for applications for assistance 
     made available herein: Provided further, That the entire 
     amount 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: Provided further, That all funds made 
     available under this head are to remain available until 
     September 30, 1997.

                     Federal Transit Administration


                       MASS TRANSIT CAPITAL FUND

                (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.

                               CHAPTER 6

 DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT AND 
                          INDEPENDENT AGENCIES

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development


                      Community Development Grants

       For an additional amount for ``Community development 
     grants'', $100,000,000, to remain available until September 
     30, 1998, for emergency expenses and repairs related to 
     recent Presidentially declared disaster areas, including up 
     to $10,000,000 which may be made for rental subsidy contracts 
     under the section 8 existing housing certificate program and 
     the housing voucher program under section 8 of the United 
     States Housing Act of 1937, as amended, except that such 
     amount shall be available only for temporary housing 
     assistance, not in excess of one year in duration, and shall 
     not be subject to renewal: Provided, That the entire amount 
     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.

                  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, 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 7

       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED AGENCIES

                  FUNDS APPROPRIATED TO THE PRESIDENT

                          Unanticipated Needs


                    Unanticipated Needs for Defense

                      of Israel Against Terrorism

       For emergency expenses necessary to meet unanticipated 
     needs for the acquisition and provision of goods, services, 
     and/or grants for Israel necessary to support the eradication 
     of terrorism in and around Israel, $50,000,000: Provided, 
     That none of the funds appropriated in this paragraph shall 
     be available for obligation except through the regular 
     notification procedures of the Committees on Appropriations: 
     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.

                  Agency for International Development


          Assistance for Eastern Europe and the Baltic States

       For an additional amount for ``Assistance for Eastern 
     Europe and the Baltic States'' for Bosnia and Herzegovina, 
     including demining assistance, $200,000,000, of which amount 
     $5,000,000 shall be used for the administrative expenses of 
     the U.S. Agency for International Development: Provided, That 
     not to exceed $5,000,000 of such funds and any other funds 
     appropriated under the same heading for fiscal year 1996 is 
     available for the cost of modifying direct loans and loan 
     guarantees, as defined in section 502 of the Congressional 
     Budget Act of 1974: Provided further, That contracts to carry 
     out programs using such funds shall, to the maximum extent 
     practicable, be entered into with companies organized under 
     the laws of a State of the United States and organizations 
     (including community chests, funds, foundations, non-
     incorporated businesses, and other institutions) organized in 
     the United States: Provided further, That none of the funds 
     appropriated or otherwise made available under this heading 
     shall be obligated except through the regular notification 
     procedures of the Committees on Appropriations: Provided 
     further, That the entire amount appropriated 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 funds 
     appropriated by this Act for economic reconstruction may only 
     be made available for projects, activities, or programs 
     within the sector assigned to American forces of the NATO 
     Military Implementation Force (IFOR) and Sarajevo: Provided 
     further, That priority consideration shall be given to 
     projects and activities designated in the IFOR ``Task Force 
     Eagle civil military project list'': Provided further, That 
     no funds made available under this Act, or any other Act, may 
     be obligated for the purposes of rebuilding or repairing 
     housing in areas where refugees or displaced persons are 
     refused the right of return by Federation or local 
     authorities due to ethnicity or political party affiliation: 
     Provided further, That no funds may be made available under 
     this heading in this Act, or any other Act, to any banking or 
     financial institution in Bosnia and Herzegovina unless such 
     institutions agree in advance, and in writing, to allow the 
     United States General Accounting Office access for the 
     purposes of audit of the use of United States assistance: 
     Provided further, That effective ninety days after the date 
     of enactment of this Act, none of the funds appropriated 
     under this heading may be made available for the purposes of

[[Page S2524]]

     economic reconstruction in Bosnia and Herzegovina unless the 
     President determines and certifies in writing to the 
     Committee on Appropriations that the aggregate bilateral 
     contributions pledged by non-United States donors for 
     economic reconstruction are at least equivalent to the United 
     States bilateral contributions made under this Act and in the 
     fiscal year 1995 and fiscal year 1996 Foreign Operations, 
     Export Financing and Related Programs Appropriations bills.
       Except for funds made available for demining activities, no 
     funds may be provided under this heading in this Act until 
     the President certifies to the Committees on Appropriations 
     that:
       (1) The Federation of Bosnia and Herzegovina is in 
     compliance with Article III, Annex 1A of the Dayton 
     Agreement; and
       (2) Intelligence cooperation on training, investigations, 
     or related activities between Iranian officials and Bosnian 
     officials has been terminated.

                          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.

                               CHAPTER 8

                         DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $244,400,000.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $11,700,000.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $2,600,000.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $27,300,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $195,000,000.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $900,000.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $190,000,000.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $79,800,000.

                              PROCUREMENT

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $26,000,000.

                           GENERAL PROVISION


                          (transfer of funds)

       Sec. 801. 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 
     ``$2,700,000,000''.
       Sec. 802. Notwithstanding any other provision of law, funds 
     appropriated in the Department of Defense Appropriations Act, 
     1996 (Public Law 104-61) under the heading ``Aircraft 
     Procurement, Air Force'' may be obligated for advance 
     procurement and procurement of F-15E aircraft.
       Sec. 803. Funds appropriated under the heading, ``Aircraft 
     Procurement, Air Force,'' in Public Laws 104-61, 103-335, and 
     103-139 that are or remain available for C-17 airframes, C-17 
     aircraft engines, and complementary widebody aircraft/NDAA 
     may be used for multiyear procurement contracts for C-17 
     aircraft: Provided, That the duration of multiyear contracts 
     awarded under the authority of this section may be for a 
     period not to exceed seven program years, notwithstanding 
     section 2306b(1) of title 10, United States Code: Provided 
     further, That the authority under this section may not be 
     used to enter into a multiyear procurement contract until the 
     earlier of (1) May 24, 1996, or (2) the day after the date of 
     the enactment of an Act that contains a provision authorizing 
     the Department of Defense to enter into a multiyear contract 
     for the C-17 aircraft program.
       Sec. 804. (a) In addition to the amounts made available in 
     Public Law 104-61 under the heading ``Research, Development, 
     Test and Evaluation, Defense-Wide'', $50,000,000 is hereby 
     made available to continue the activities of the 
     semiconductor manufacturing consortium known as Sematech.
       (b) Of the funds made available in Public Law 104-61 under 
     the heading ``Research, Development, Test and Evaluation, 
     Army'', $7,000,000 are rescinded.
       (c) Of the funds made available in Public Law 104-61 under 
     the heading ``Research, Development, Test and Evaluation, 
     Navy'', $12,500,000 are rescinded.
       (d) Of the funds made available in Public Law 104-61 under 
     the heading ``Research, Development, Test and Evaluation, Air 
     Force'', $16,000,000 are rescinded.
       (e) Of the funds made available in Public Law 104-61 under 
     the heading ``Research, Development, Test and Evaluation, 
     Defense-Wide'', $14,500,000 are rescinded.
       (f) Of the funds rescinded under subsection (e) of this 
     provision, none of the reduction shall be applied to the 
     Ballistic Missile Defense Organization.
       Sec. 805. Of the funds appropriated in title II of Public 
     Law 104-61, under the heading ``Overseas Humanitarian, 
     Disaster, and Civic Aid'', for training and activities 
     related to the clearing of landmines for humanitarian 
     purposes, up to $15,000,000 may be transferred to 
     ``Operations and Maintenance, Defense Wide'', to be available 
     for the payment of travel, transportation and subsistence 
     expenses of Department of Defense personnel incurred in 
     carrying out humanitarian assistance activities related to 
     the detection and clearance of landmines.
       Sec. 806. Notwithstanding any other provision of law, 
     $15,000,000 made available for ``Operations and Maintenance, 
     Army'' in P.L. 104-61 shall be obligated for the remediation 
     of environmental contamination at the National Presto 
     Industries, Inc. site in Eau Claire, Wisconsin. These funds 
     shall be obligated only for the implementation and execution 
     of the 1988 agreement between the Department of the Army and 
     National Presto Industries, Inc.
       Sec. 807. (a) Subsection (b) of section 802 of the David L. 
     Boren National Security Education Act of 1991 (50 U.S.C. 
     1902) is amended by adding after paragraph (3), flush to the 
     subsection margin, the following:

     ``Notwithstanding any other provision of law, including the 
     matter under the heading `National Security Education Trust 
     Fund' in title VII of Public Law 104-61, the work of an 
     individual accepting a scholarship or fellowship under the 
     program shall be the work specified in paragraph (2), or such 
     other work as the individual and the Secretary agree upon 
     under an agreement having modified service requirements 
     pursuant to subsection (f).''.
       (b) Such section is further amended by adding at the end 
     the following:
       ``(f) Authority To Modify Service Agreement Requirements.--
     The Secretary shall have sole authority to modify, amend, or 
     revise the requirements under subsection (b) that apply to 
     service agreements.''.
       (c) Subsection (a) of such section is amended by adding at 
     the end the following:
       ``(5) Employment opportunity outreach.--The Secretary shall 
     take appropriate actions to make available to recipients of 
     scholarships or fellowships under the program information on 
     employment opportunities in the departments and agencies of 
     the Federal Government having responsibility for national 
     security matters.''.
       Sec. 808. (a)(1) Section 1177 of title 10, United States 
     Code, relating to mandatory discharge or retirement of 
     members of the Armed Forces infected with HIV-1 virus, is 
     repealed.
       (2) The table of sections at the beginning of chapter 59 of 
     such title is amended by striking out the item relating to 
     section 1177.
       (b) Subsection (b) of section 567 of the National Defense 
     Authorization Act for Fiscal Year 1996 is repealed.


                          (transfer of funds)

       Sec. 809. Of the funds appropriated or otherwise made 
     available in title IV of the Department of Defense 
     Appropriations Act, 1996 (Public Law 104-61) under the 
     paragraph ``Research, Development, Test, and Evaluation, Air 
     Force'', $44,900,000 are transferred to and merged with funds 
     appropriated or otherwise made available under title II of 
     that Act under the paragraph ``Operation and Maintenance, Air 
     Force'' and shall be available for obligation and expenditure 
     for the operation and maintenance of 94 B-52H bomber aircraft 
     in active status or in attrition reserve.
       Sec. 810. Of the funds made available in Public Law 104-61 
     under the heading ``Research, Development, Test and 
     Evaluation, Defense-Wide'', $500,000 of the funds provided 
     for the Advanced Research Projects Agency may be available to 
     purchase photographic technology to support research in 
     detonation physics: Provided, That the Director of Defense 
     Research and Engineering shall provide the congressional 
     defense committees on appropriations with a plan for the 
     acquisition and use of this instrument no later than April 
     29, 1996.
       Sec. 811. Of the funds made available in Public Law 104-61 
     under the heading ``Research, Development, Test and 
     Evaluation, Defense-Wide'', up to $2,000,000 of the funds 
     provided for the Joint DoD-DoE Munitions Technology 
     Development program element shall be used to develop and test 
     an open-architecture machine tool controller.

                               CHAPTER 9

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

     North Atlantic Treaty Organization Security Investment Program

       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 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.

                           GENERAL PROVISIONS

     SEC. 901. LAND CONVEYANCE, ARMY RESERVE CENTER, GREENSBORO, 
                   ALABAMA.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to Hale County, Alabama, all 
     right, title, and interest of the United States in and to a 
     parcel of real property consisting of approximately 5.17 
     acres and located at the Army Reserve Center, Greensboro, 
     Alabama, that was conveyed by Hale County, Alabama, to the 
     United States by warranty deed dated September 12, 1988.
       (b) Description of Property.--The exact acreage and legal 
     description of the property conveyed under subsection (a) 
     shall be as described in the deed referred to in that 
     subsection.
       (c) Additional Terms and Conditions.--The Secretary may 
     require such additional terms

[[Page S2525]]

     and conditions in connection with the conveyance under this 
     section as the Secretary considers appropriate to protect the 
     interests of the United States.

                               CHAPTER 10

                  RESCINDING CERTAIN BUDGET AUTHORITY

       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS

                    Export and Investment Assistance

                Export-Import Bank of the United States

                         subsidy appropriation

                              (rescission)

       Of the funds made available under this heading in Public 
     Law 104-107, $25,000,000 are rescinded.

                    DEPARTMENT OF DEFENSE--MILITARY

                              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, Air Force


                              (rescission)

       Of the funds made available under this heading in Public 
     Law 103-335, $245,000,000 are rescinded.

                               CHAPTER 11

                      TREASURY, POSTAL SERVICE AND

                           GENERAL GOVERNMENT

                 EXECUTIVE OFFICE OF THE PRESIDENT AND

                  FUNDS APPROPRIATED TO THE PRESIDENT

                 Office of National Drug Control Policy


                         salaries and expenses

                     (including transfer of funds)

       For an additional amount for ``Salaries and Expenses,'' 
     $3,900,000.

                          INDEPENDENT AGENCIES

                    GENERAL SERVICES ADMINISTRATION

                         Federal Buildings Fund


                 limitations on availability of revenue

                              (rescission)

       Of the funds made available for installment acquisition 
     payments under this heading in Public Law 104-52, $3,500,000 
     are rescinded: Provided, That of the funds made available for 
     advance design under this heading in Public Law 104-52, 
     $200,000 are rescinded: Provided further, That the aggregate 
     amount made available to the Fund shall be $5,062,449,000.

                        UNITED STATES TAX COURT

                         Salaries and Expenses


                              (rescission)

       Of the funds made available under this heading in public 
     law 104-52, $200,000 are rescinded.

                               CHAPTER 12

                           GENERAL PROVISIONS

       Sec. 1201. In administering funds provided herein for 
     domestic assistance, the Secretary of any involved department 
     may waive or specify alternative requirements for any 
     provision of any statute or regulation that the Secretary 
     administers in connection with the obligation by the 
     Secretary or any use of the recipient of these funds, except 
     for the requirement related to civil rights, fair housing and 
     nondiscrimination, the environment, and labor standards, upon 
     finding that such waiver is required to facilitate the 
     obligation and use of such funds would not be inconsistent 
     with the overall purpose of the statute or regulation.
       Sec. 1202. 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. 1203. ALLOCATION OF FUNDS.

       Notwithstanding any other provision of this title, funds 
     made available under this title for emergency or disaster 
     assistance programs of the Department of Agriculture, 
     Department of Housing and Urban Development, Economic 
     Development Administration, National Park Service, Small 
     Business Administration, and United States Fish and Wildlife 
     Service shall be allocated in accordance with the established 
     prioritization process of the respective Department, 
     Administration, or Service.

                         DEPARTMENT OF JUSTICE

                    Federal Bureau of Investigation


                         salaries and expenses

       For an additional amount for emergency expenses necessary 
     to enhance the Federal Bureau of Investigation's efforts in 
     the United States to combat Middle Eastern terrorism, 
     $7,000,000, to remain available until expended: Provided, 
     That such activities shall include efforts to enforce 
     Executive Order 12947 (``Prohibiting Transactions with 
     Terrorists Who Threaten to Disrupt the Middle East Peace 
     Process'') to prevent fundraising in the United States on the 
     behalf of organizations that support terror to undermine the 
     peace process: Provided further, That the entire amount is 
     hereby 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 the entire 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 as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted to Congress.

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         salaries and expenses

       For an additional amount for emergency expenses necessary 
     to enhance the Office of Foreign Assets Control's efforts in 
     the United States to combat Middle Eastern terrorism, 
     $3,000,000, to remain available until expended: Provided, 
     That such activities shall include efforts to enforce 
     Executive Order 12947 (``Prohibiting Transactions with 
     Terrorists Who Threaten to Disrupt the Middle East Peace 
     Process'') to prevent fundraising in the United States on the 
     behalf of organizations that support terror to undermine the 
     peace process: Provided further, That the entire amount is 
     hereby 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 the entire 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 as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted to Congress.
       This title may be cited as the ``Emergency Supplemental 
     Appropriations Act of 1996''.

                  TITLE III--MISCELLANEOUS PROVISIONS

       Sec. 3001. The President may make available funds for 
     population planning activities or other population assistance 
     pursuant to programs under title II and title IV of the 
     Foreign Operations, Export Financing, and Related Programs 
     Appropriations Act, 1996, Public Law 104-107, notwithstanding 
     the provisions of section 518A of such Act, if he determines 
     and reports to the Congress that the effects of those 
     restrictions would be that the demand for family planning 
     services would be less likely to be met and that there would 
     be a significant increase in abortions than would otherwise 
     be the case in the absence of such restrictions.
       Sec. 3002. Section 308(d) of the Interjurisdictional 
     Fisheries Act of 1986 (16 U.S.C. 4107(d)) is amended--
       (1) in the heading, by striking ``Grants'' and inserting 
     ``Assistance'';
       (2) in paragraph (1), by striking ``award grants to persons 
     engaged in commercial fisheries, for uninsured losses 
     determined by the Secretary to have been suffered'' and 
     inserting ``assist persons engaged in commercial fisheries by 
     providing direct assistance to those persons or by providing 
     indirect assistance to those persons through assistance to 
     agencies of States and political subdivisions thereof and to 
     nonprofit organizations, for projects or other measures 
     designed to alleviate harm that the Secretary determines was 
     incurred'';
       (3) in paragraph (3), by striking ``a grant'' and inserting 
     ``direct assistance to a person'';
       (4) by striking ``gross revenues annually,'' in paragraph 
     (3) and inserting ``net annual revenue from commercial 
     fisheries,'';
       (5) by striking paragraph (4) and inserting the following:
       ``(4) Assistance may not be provided under this subsection 
     as part of a fishing capacity reduction program in a fishery 
     unless the Secretary determines that--
       ``(A) adequate conservation and management measures are in 
     place in that fishery; and
       ``(B) adequate measures are in place to prevent the 
     replacement of fishing capacity eliminated by the program in 
     that fishery.''; and
       (6) in paragraph (5), by striking ``for awarding grants'' 
     and all that follows through the end of the paragraph and 
     inserting ``for providing assistance under this 
     subsection.''.

     SEC. 3003. BONNEVILLE POWER ADMINISTRATION REFINANCING.

       (a) Definitions.--
       For the purposes of this section--
       (1) ``Administrator'' means the Administrator of the 
     Bonneville Power Administration;
       (2) ``capital investment'' means a capitalized cost funded 
     by Federal appropriations that--
       (A) is for a project, facility, or separable unit or 
     feature of a project or facility;
       (B) is a cost for which the Administrator is required by 
     law to establish rates to repay to the United States Treasury 
     through the sale of electric power, transmission, or other 
     services;
       (C) excludes a Federal irrigation investment; and
       (D) excludes an investment financed by the current revenues 
     of the Administrator or by bonds issued and sold, or 
     authorized to be issued and sold, by the Administrator under 
     section 13 of the Federal Columbia River Transmission System 
     Act (16 U.S.C. 838k);
       (3) ``new capital investment'' means a capital investment 
     for a project, facility, or separable unit or feature of a 
     project or facility, placed in service after September 30, 
     1996;
       (4) ``old capital investment'' means a capital investment 
     the capitalized cost of which--
       (A) was incurred, but not repaid, before October 1, 1996, 
     and
       (B) was for a project, facility, or separable unit or 
     feature of a project or facility, placed in service before 
     October 1, 1996;
       (5) ``repayment date'' means the end of the period within 
     which the Administrator's rates are to assure the repayment 
     of the principal amount of a capital investment; and
       (6) ``Treasury rate'' means--
       (A) for an old capital investment, a rate determined by the 
     Secretary of the Treasury, taking into consideration 
     prevailing market yields, during the month preceding October 
     1, 1996, on outstanding interest-bearing obligations of the 
     United States with periods to maturity comparable to the 
     period between October 1, 1996,

[[Page S2526]]

     and the repayment date for the old capital investment; and
       (B) for a new capital investment, a rate determined by the 
     Secretary of the Treasury, taking into consideration 
     prevailing market yields, during the month preceding the 
     beginning of the fiscal year in which the related project, 
     facility, or separable unit or feature is placed in service, 
     on outstanding interest-bearing obligations of the United 
     States with periods to maturity comparable to the period 
     between the beginning of the fiscal year and the repayment 
     date for the new capital investment.
       (b) New Principal Amounts.--
       (1) Principal amount.--Effective October 1, 1996, an old 
     capital investment has a new principal amount that is the sum 
     of--
       (A) the present value of the old payment amounts for the 
     old capital investment, calculated using a discount rate 
     equal to the Treasury rate for the old capital investment; 
     and
       (B) an amount equal to $100,000,000 multiplied by a 
     fraction whose numerator is the principal amount of the old 
     payment amounts for the old capital investment and whose 
     denominator is the sum of the principal amounts of the old 
     payment amounts for all old capital investments.
       (2) Determination.--With the approval of the Secretary of 
     the Treasury based solely on consistency with this section, 
     the Administrator shall determine the new principal amounts 
     under subsection (b) and the assignment of interest rates to 
     the new principal amounts under subsection (c).
       (3) Old payment amounts.--For the purposes of this 
     subsection, ``old payment amounts'' means, for an old capital 
     investment, the annual interest and principal that the 
     Administrator would have paid to the United States Treasury 
     from October 1, 1996, if this section had not been enacted, 
     assuming that--
       (A) the principal were repaid--
       (i) on the repayment date the Administrator assigned before 
     October 1, 1994, to the old capital investment, or
       (ii) with respect to an old capital investment for which 
     the Administrator has not assigned a repayment date before 
     October 1, 1994, on a repayment date the Administrator shall 
     assign to the old capital investment in accordance with 
     paragraph 10(d)(1) of the version of Department of Energy 
     Order RA 6120.2 in effect on October 1, 1994; and
       (B) interest were paid--
       (i) at the interest rate the Administrator assigned before 
     October 1, 1994, to the old capital investment, or
       (ii) with respect to an old capital investment for which 
     the Administrator has not assigned an interest rate before 
     October 1, 1994, at a rate determined by the Secretary of the 
     Treasury, taking into consideration prevailing market yields, 
     during the month preceding the beginning of the fiscal year 
     in which the related project, facility, or separable unit or 
     feature is placed in service, on outstanding interest-bearing 
     obligations of the United States with periods to maturity 
     comparable to the period between the beginning of the fiscal 
     year and the repayment date for the old capital investment.
       (c) Interest Rate for New Principal Amounts.--
       As of October 1, 1996, the unpaid balance on the new 
     principal amount established for an old capital investment 
     under subsection (b) bears interest annually at the Treasury 
     rate for the old capital investment until the earlier of the 
     date that the new principal amount is repaid or the repayment 
     date for the new principal amount.
       (d) Repayment Dates.--
       As of October 1, 1996, the repayment date for the new 
     principal amount established for an old capital investment 
     under subsection (b) is no earlier than the repayment date 
     for the old capital investment assumed in subsection 
     (b)(3)(A).
       (e) Prepayment Limitations.--
       During the period October 1, 1996, through September 30, 
     2001, the total new principal amounts of old capital 
     investments, as established under subsection (b), that the 
     Administrator may pay before their respective repayment dates 
     shall not exceed $100,000,000.
       (f) Interest Rates for New Capital Investments During 
     Construction.--
       (1) New capital investment.--The principal amount of a new 
     capital investment includes interest in each fiscal year of 
     construction of the related project, facility, or separable 
     unit or feature at a rate equal to the one-year rate for the 
     fiscal year on the sum of--
       (A) construction expenditures that were made from the date 
     construction commenced through the end of the fiscal year, 
     and
       (B) accrued interest during construction.
       (2) Payment.--The Administrator is not required to pay, 
     during construction of the project, facility, or separable 
     unit or feature, the interest calculated, accrued, and 
     capitalized under subsection (f)(1).
       (3) One-year rate.--For the purposes of this section, 
     ``one-year rate'' for a fiscal year means a rate determined 
     by the Secretary of the Treasury, taking into consideration 
     prevailing market yields, during the month preceding the 
     beginning of the fiscal year, on outstanding interest-bearing 
     obligations of the United States with periods to maturity of 
     approximately one year.
       (g) Interest Rates for New Capital Investments.--
       The unpaid balance on the principal amount of a new capital 
     investment bears interest at the Treasury rate for the new 
     capital investment from the date the related project, 
     facility, or separable unit or feature is placed in service 
     until the earlier of the date the new capital investment is 
     repaid or the repayment date for the new capital investment.
       (h) Credits to Administrator's Repayment to the United 
     States Treasury.--
       The Confederated Tribe of the Colville Reservation Grand 
     Coulee Dam Settlement Act (Public Law No. 103-436; 108 Stat. 
     4577) is amended by striking section 6 and inserting the 
     following:

     ``SEC. 6. CREDITS TO ADMINISTRATOR'S REPAYMENT TO THE UNITED 
                   STATES TREASURY

       So long as the Administrator makes annual payments to the 
     tribes under the settlement agreement, the Administrator 
     shall apply against amounts otherwise payable by the 
     Administrator to the United States Treasury a credit that 
     reduces the Administrator's payment, in the amount and for 
     each fiscal year as follows: $15,860,000 in fiscal year 1997; 
     $16,490,000 in fiscal year 1998; $17,150,000 in fiscal year 
     1999; $17,840,000 in fiscal year 2000; $18,550,000 in fiscal 
     year 2001; and $4,600,000 in each succeeding fiscal year.''.
       (i) Contract Provisions.--
       In each contract of the Administrator that provides for the 
     Administrator to sell electric power, transmission, or 
     related services, and that is in effect after September 30, 
     1996, the Administrator shall offer to include, or as the 
     case may be, shall offer to amend to include, provisions 
     specifying that after September 30, 1996--
       (1) the Administrator shall establish rates and charges on 
     the basis that--
       (A) the principal amount of an old capital investment shall 
     be no greater than the new principal amount established under 
     subsection (b);
       (B) the interest rate applicable to the unpaid balance of 
     the new principal amount of an old capital investment shall 
     be no greater than the interest rate established under 
     subsection (c);
       (C) any payment of principal of an old capital investment 
     shall reduce the outstanding principal balance of the old 
     capital investment in the amount of the payment at the time 
     the payment is tendered; and
       (D) any payment of interest on the unpaid balance of the 
     new principal amount of an old capital investment shall be a 
     credit against the appropriate interest account in the amount 
     of the payment at the time the payment is tendered;
       (2) apart from charges necessary to repay the new principal 
     amount of an old capital investment as established under 
     subsection (b) and to pay the interest on the principal 
     amount under subsection (c), no amount may be charged for 
     return to the United States Treasury as repayment for or 
     return on an old capital investment, whether by way of rate, 
     rent, lease payment, assessment, user charge, or any other 
     fee;
       (3) amounts provided under section 1304 of title 31, United 
     States Code, shall be available to pay, and shall be the sole 
     source for payment of, a judgment against or settlement by 
     the Administrator or the United States on a claim for a 
     breach of the contract provisions required by this Part; and
       (4) the contract provisions specified in this Part do not--
       (A) preclude the Administrator from recovering, through 
     rates or other means, any tax that is generally imposed on 
     electric utilities in the United States, or
       (B) affect the Administrator's authority under applicable 
     law, including section 7(g) of the Pacific Northwest Electric 
     Power Planning and Conservation Act (16 U.S.C. 839e(g)), to--

       (i) allocate costs and benefits, including but not limited 
     to fish and wildlife costs, to rates or resources, or
       (ii) design rates.

       (j) Savings Provisions.--
       (1) Repayment.--This subchapter does not affect the 
     obligation of the Administrator to repay the principal 
     associated with each capital investment, and to pay interest 
     on the principal, only from the ``Administrator's net 
     proceeds,'' as defined in section 13 of the Federal Columbia 
     River Transmission System Act (16 U.S.C. 838k(b)).
       (2) Payment of capital investment.--Except as provided in 
     subsection (e), this section does not affect the authority of 
     the Administrator to pay all or a portion of the principal 
     amount associated with a capital investment before the 
     repayment date for the principal amount.
       Sec. 3004. Notwithstanding any other provision of law, of 
     the amounts made available under the Federal Transit 
     Administration's Discretionary Grants program for Kauai, 
     Hawaii in Public Law 103-122 and Public Law 103-311, 
     $3,250,000 shall be transferred to and administered in 
     accordance with 49 U.S.C. 5307 and made available for 
     operating expenses to Kauai, Hawaii.
       Sec. 3005. The Secretary shall advance emergency relief 
     funds to the State of Missouri for the replacement in kind of 
     the Hannibal Bridge on the Mississippi River damaged by the 
     1993 floods notwithstanding the provisions of section 125 of 
     title 23, United States Code: Provided, That this provision 
     shall be subject to the Federal Share provisions of section 
     120, title 123, United States Code.
       Sec. 3006. (a) Surface Transportation Program.--
     Notwithstanding section 133 of title 23, United States Code, 
     for fiscal year 1996 and each subsequent fiscal year, the 
     State of Vermont may obligate funds apportioned to the State 
     for the surface transportation program established under 
     section 133 of the title for--
       (1) construction, reconstruction, rehabilitation, 
     resurfacing, restoration, and operational improvements for 
     railroads, including any such construction or reconstruction 
     necessary to accommodate other transportation modes;
       (2) all eligible activities under section 5311 of title 49, 
     United States Code, and publicly owned rail passenger 
     terminals and facilities, including terminals and facilities 
     owned by the National Railroad Passenger Corporation;
       (3) capital costs for passenger rail services; and
       (4) beginning in fiscal year 1997, operating costs for 
     passenger rail services.
       (b) Congestion Mitigation and Air Quality Improvement 
     Program.--Notwithstanding section 149 of title 23, United 
     States Code, for fiscal year 1996 and each subsequent fiscal 
     year, the

[[Page S2527]]

     State of Vermont may obligate funds apportioned to the State 
     for the congestion mitigation and air quality improvement 
     program established under the section for a transportation 
     project or program that--
       (1) is for an area in the State described in the matter 
     preceding paragraph (1) of section 149(b) of the title; and
       (2) will have air quality benefits through construction of, 
     and operational improvements for, intercity passenger rail 
     facilities, operation of intercity passenger rail trains, and 
     acquisition of rolling stock for intercity passenger rail 
     service, except that not more than 50 percent of the amount 
     received by the State for a fiscal year under this subsection 
     may be obligated for operating support.
       Sec. 3007. Any funds heretofore appropriated and made 
     available in Public Law 102-104 and Public Law 102-377 to 
     carry out the provisions for the project for navigation, St. 
     Louis Harbor, Missouri and Illinois; may be utilized by the 
     Secretary of the Army in carrying out the Upper Mississippi 
     and Illinois Waterway System Navigation Study, Iowa, 
     Illinois, Missouri, Wisconsin, Minnesota, in fiscal year 1996 
     or until expended.
       Sec. 3008. The Secretary of Health and Human Services shall 
     grant a waiver of the requirements set forth in section 
     1903(m)(2)(A)(ii) of the Social Security Act to D.C. 
     Chartered Health Plan, Inc. of the District of Columbia: 
     Provided, That such waiver shall be deemed to have been in 
     place for all contract periods from October 1, 1991 through 
     the current contract period or October 1, 1999, whichever 
     shall be later.
       Sec. 3009. Of the funds appropriated by Public Law 104-37 
     or otherwise made available to the Food Safety and Inspection 
     Service for fiscal year 1996, not less than $363,000,000 
     shall be available for salaries and benefits of in-plant 
     personnel: Provided, That this limitation shall not apply if 
     the Secretary of Agriculture certifies to the House and 
     Senate Committees on Appropriations that a lesser amount will 
     be adequate to fully meet in-plant inspection requirements 
     for the fiscal year.
       Sec. 3010. The appropriation for the Arms Control and 
     Disarmament Agency in Public Law 103-317 (108 Stat. 1768) is 
     amended by deleting after ``until expended'' the following: 
     ``only for activities related to the implementation of the 
     Chemical Weapons Convention'': Provided, That amounts made 
     available shall not be used to undertake new programs or to 
     increase employment above levels on board at the time of 
     enactment of this Act.
       Sec. 3011. Section 347(b)(3) of the Department of 
     Transportation and Related Agencies Appropriations Act, 1996 
     (P.L. 104-50), is amended to read as follows:
       ``(3) chapter 71, relating to labor-management 
     relations,''.
       Sec. 3012. Within its Mission to Planet Earth program, NASA 
     is urged to fund Phase A studies for a radar satellite 
     initiative.

     SEC. 3013. ESTABLISHMENT OF PROHIBITION AGAINST ABORTION-
                   RELATED DISCRIMINATION IN TRAINING AND 
                   LICENSING OF PHYSICIANS.

       Part B of title II of the Public Health Service Act (42 
     U.S.C. 238 et seq.) is amended by adding at the end the 
     following section:


``abortion-related discrimination in governmental activities regarding 
                  training and licensing of physicians

       ``Sec. 245. (a) In General.--The Federal Government, and 
     any State or local government that receives Federal financial 
     assistance, may not subject any health care entity to 
     discrimination on the basis that--
       ``(1) the entity refuses to undergo training in the 
     performance of induced abortions, to require or provide such 
     training, to perform such abortions, or to provide referrals 
     for such training or such abortions;
       ``(2) the entity refuses to make arrangements for any of 
     the activities specified in paragraph (1); or
       ``(3) 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) perform 
     induced abortions or require, provide or refer for training 
     in the performance of induced abortions, or make arrangements 
     for the provision of such training.
       ``(b) Accreditation of Postgraduate Physician Training 
     Programs.--
       ``(1) In general.--In determining whether to grant a legal 
     status to a health care entity (including a license or 
     certificate), or to provide such entity with financial 
     assistance, services or other benefits, the Federal 
     Government, or any State or local government that receives 
     Federal financial assistance, shall deem accredited any 
     postgraduate physician training program that would be 
     accredited but for the accrediting agency's reliance upon an 
     accreditation standards that requires an entity to perform an 
     induced abortion or require, provide, or refer for training 
     in the performance of induced abortions, or make arrangements 
     for such training, regardless of whether such standard 
     provides exceptions or exemptions. The government involved 
     shall formulate such regulations or other mechanisms, or 
     enter into such agreements with accrediting agencies, as are 
     necessary to comply with this subsection.
       ``(2) Rules of construction.--
       ``(A) In general.--With respect to subclauses (I) and (II) 
     of section 705(a)(2)(B)(i) (relating to a program of insured 
     loans for training in the health professions), the 
     requirements in such subclauses regarding accredited 
     internship or residency programs are subject to paragraph (1) 
     of this subsection.
       ``(B) Exceptions.--This section shall not--
       ``(i) prevent any health care entity from voluntarily 
     electing to be trained, to train, or to arrange for training 
     in the performance of, to perform, or to make referrals for 
     induced abortions; or
       ``(ii) prevent an accrediting agency or a Federal, State or 
     local government from establishing standards of medical 
     competency applicable only to those individuals who have 
     voluntarily elected to perform abortions.
       ``(c) Definitions.--For purposes of this section:
       ``(1) The term `financial assistance', with respect to a 
     government program, includes governmental payments provided 
     as reimbursement for carrying out health-related activities.
       ``(2) The term `health care entity' includes an individual 
     physician, a postgraduate physician training program, and a 
     participant in a program of training in the health 
     professions.
       ``(3) The term `postgraduate physician training program' 
     includes a residency training program.''.
       Sec. 3014. (a) The Senate finds that:
       (1) Record low temperatures across the country this winter, 
     coupled with record snowfalls in many areas, have generated 
     substantial and sustained demand among eligible low-income 
     Americans for home heating assistance, and put many who face 
     heating-related crises at risk.
       (2) Home heating assistance for working and low-income 
     families with children, the elderly on fixed incomes, the 
     disabled, and others who need such help is a critical part of 
     the social safety net in cold-weather areas.
       (3) The President has released approximately $900,000,000 
     in regular Low Income Home Energy Assistance Program (LIHEAP) 
     funding for this year, compared to a funding level of 
     $1,319,000,000 last year, and a large LIHEAP funding 
     shortfall remains which has adversely affected eligible 
     recipients in many cold-weather States.
       (4) LIHEAP is a highly targeted, cost-effective way to help 
     approximately 6 million low-income Americans to pay their 
     energy bills. More than two-thirds of LIHEAP-eligible 
     households have annual incomes of less than $8,000; more than 
     one-half have annual incomes below $6,000.
       (5) LIHEAP program funding has been substantially reduced 
     in recent years, and cannot sustain any further spending cuts 
     if the program is to remain a viable means of meeting the 
     home heating and other energy-related needs of low-income 
     people in cold-weather States.
       (6) Traditionally, LIHEAP has received advance 
     appropriations for the next fiscal year. This allows States 
     to properly plan for the upcoming winter and best serve the 
     energy needs of low-income families.
       (7) Congress was not able to pass an appropriations bill 
     for the Departments of Labor, Health and Human Services, and 
     Education by the beginning of this fiscal year and it was 
     only because LIHEAP received advance appropriations last 
     fiscal year that the President was able to release the 
     $578,000,000 he did in December--the bulk of the funds made 
     available to the States this winter.
       (8) There is currently available to the President up to 
     $300,000,000 in emergency LIHEAP funding, which could be made 
     available immediately, on a targeted basis, to meet the 
     urgent home heating needs of eligible persons who otherwise 
     could be faced with heating-related emergencies, including 
     shut-offs, in the coming weeks.
       (b) Therefore, it is the sense of the Senate that--
       (1) the President should release immediately a substantial 
     portion of available emergency funding for the Low Income 
     Home Energy Assistance Program for fiscal year 1996, to help 
     meet continuing urgent needs for home heating assistance 
     during this unusually cold winter; and
       (2) not less than the $1,000,000,000 in regular advance-
     appropriated LIHEAP funding for next winter provided for in 
     this bill should be retained in a House-Senate conference on 
     this measure.

     SEC. 3015. LAND EXCHANGE

       (a) Short Title.--This section may be cited as the ``Greens 
     Creek Land Exchange Act of 1996''.
       (b) Findings.--The Congress makes the following findings:
       (1) The Alaska National Interest Lands Conservation Act 
     established the Admiralty Island National Monument and 
     sections 503 and 504 of that Act provided special provisions 
     under which the Greens Creek Claims would be developed. The 
     provisions supplemented the general mining laws under which 
     these claims were staked.
       (2) The Kennecott Greens Creek Mining Company, Inc., 
     currently holds title to the Greens Creek Claims, and the 
     area surrounding these claims has further mineral potential 
     which is yet unexplored.
       (3) Negotiations between the United States Forest Service 
     and the Kennecott Greens Creek Mining Company, Inc., have 
     resulted in an agreement by which the area surrounding the 
     Greens Creek Claims could be explored and developed under 
     terms and conditions consistent with the protection of the 
     values of the Admiralty Island National Monument.
       (4) The full effectuation of the Agreement, by its terms, 
     requires the approval and ratification by Congress.
       (c) Definitions.--As used in this section--
       (1) the term ``Agreement'' means the document entitled the 
     ``Greens Creek Land Exchange Agreement'' executed on December 
     14, 1994, by the Under Secretary of Agriculture for Natural 
     Resources and Environment on behalf of the United States and 
     the Kennecott Greens Creek Mining Company and Kennecott 
     Corporation;
       (2) the term ``ANILCA'' means the Alaska National Interest 
     Lands Conservation Act, Public Law 96-487 (94 Stat. 2371);
       (3) the term ``conservation system unit'' has the same 
     meaning as defined in section 102(4) of ANILCA;
       (4) the term ``Greens Creek Claims'' means those patented 
     mining claims of Kennecott

[[Page S2528]]

     Greens Creek Mining Company within the Monument recognized 
     pursuant to section 504 of ANILCA;
       (5) the term ``KGCMC'' means the Kennecott Greens Creek 
     Mining Company, Inc., a Delaware corporation;
       (6) the term ``Monument'' means the Admiralty Island 
     National Monument in the State of Alaska established by 
     section 503 of ANILCA;
       (7) the term ``Royalty'' means Net Island Receipts Royalty 
     as that latter term is defined in Exhibit C to the Agreement; 
     and
       (8) the term ``Secretary'' means the Secretary of 
     Agriculture.
       (d) Ratification of the Agreement.--The Agreement is hereby 
     ratified and confirmed as to the duties and obligations of 
     the United States and its agencies, and KGCMC and Kennecott 
     Corporation, as a matter of Federal law. The agreement may be 
     modified or amended, without further action by the Congress, 
     upon written agreement of all parties thereto and with 
     notification in writing being made to the appropriate 
     committees of the Congress.
       (e) Implementation of the Agreement.--
       (1) Land acquisition.--Without diminishment of any other 
     land acquisition authority of the Secretary in Alaska and in 
     furtherance of the purposes of the Agreement, the Secretary 
     is authorized to acquire lands and interests in land within 
     conservation system units in the Tongass National Forest, and 
     any land or interest in land so acquired shall be 
     administered by the Secretary as part of the National Forest 
     System and any conservation system unit in which it is 
     located. Priority shall be given to acquisition of non-
     Federal lands within the Monument.
       (2) Acquisition Funding.--There is hereby established in 
     the Treasury of the United States an account entitled the 
     `Greens Creek Land Exchange Account' into which shall be 
     deposited the first $5,000,000 in royalties received by the 
     United States under part 6 of the Agreement after the 
     distribution of the amounts pursuant to paragraph (3) of this 
     subsection. Such moneys in the special account in the 
     Treasury may, to the extent provided in appropriations Acts, 
     be used for land acquisition pursuant to paragraph (1) of 
     this subsection.
       (3) Twenty-five percent fund.--All royalties paid to the 
     United States under the Agreement shall be subject to the 25 
     percent distribution provisions of the Act of May 23, 1908, 
     as amended (16 U.S.C. 500) relating to payments for roads and 
     schools.
       (4) Mineral development.--Notwithstanding any provision of 
     ANILCA to the contrary, the lands and interests in lands 
     being conveyed to KGCMC pursuant to the Agreement shall be 
     available for mining and related activities subject to and in 
     accordance with the terms of the Agreement and conveyances 
     made thereunder.
       (5) Admnistration.--The Secretary of Agriculture is 
     authorized to implement and administer the rights and 
     obligations of the Federal Government under the Agreement, 
     including monitoring the Government's interests relating to 
     extralateral rights, collecting royalties, and conducting 
     audits. The Secretary may enter into cooperative arrangements 
     with other Federal agencies for the performance of any 
     Federal rights or obligations under the Agreement or this 
     Act.
       (6) Reversions.--Before reversion to the United States of 
     KGCMC properties located on Admiralty Island, KGCMC shall 
     reclaim the surface disturbed in accordance with an approved 
     plan of operations and applicable laws and regulations. Upon 
     reversion to the United States of KGCMC properties located on 
     Admiralty, those properties located within the Monument shall 
     become part of the Monument and those properties lying 
     outside the Monument shall be managed as part of the Tongass 
     National Forest.
       (7) Savings provisions.--Implementation of the Agreement in 
     accordance with this section shall not be deemed a major 
     Federal action significantly affecting the quality of the 
     human environment, nor shall implementation require further 
     consideration pursuant to the National Historic Preservation 
     Act, title VIII of ANILCA, or any other law.
       (f) Recision Rights.--Within 60 days of the enactment of 
     this section, KGCMC and Kennecott Corporation shall have a 
     right to rescind all rights under the Agreement and this 
     section. Recision shall be effected by a duly authorized 
     resolution of the Board of Directors of either KGCMC or 
     Kennecott Corporation and delivered to the Chief of the 
     Forest Service at the Chief's principal office in Washington. 
     District of Columbia. In the event of a recision, the status 
     quo ante provisions of the Agreement shall apply.

     SEC. 3016. SEAFOOD SAFETY.

       Notwithstanding any other provision of law, any domestic 
     fish or fish product produced in compliance with food safety 
     standards or procedures accepted by the Food and Drug 
     Administration as satisfying the requirements of the 
     ``Procedures for the Safe and Sanitary Processing and 
     Importing of Fish and Fish Products'' (published by the Food 
     and Drug Administration as a final regulation in the Federal 
     Register of December 18, 1995), shall be deemed to have met 
     any inspection requirements of the Department of Agriculture 
     or other Federal agency for any Federal commodity purchase 
     program, including the program authorized under section 32 of 
     the Act of August 24, 1935 (7 U.S.C. 612c) except that the 
     Department of Agriculture or other Federal agency may utilize 
     lot inspection to establish a reasonable degree of certainty 
     that fish or fish products purchased under a Federal 
     commodity purchase program, including the program authorized 
     under section 32 of the Act of August 24, 1935 (7 U.S.C. 
     612c), meet Federal product specifications.

     SEC. 3017. CONTINUED OPERATION OF AN EXISTING HYDROELECTRIC 
                   FACILITY IN MONTANA.

       (a) Notwithstanding section 10(e)(1) of the Federal Power 
     Act (16 U.S.C. 803(e)(1)) or any other law requiring payment 
     to the United States of an annual or other charge for the 
     use, occupancy, and enjoyment of land by the holder of a 
     license issued by the Federal Energy Regulatory Commission 
     under part I of the Federal Power Act (16 U.S.C. 792 et seq.) 
     for project numbered 1473: Provided, That the current 
     licensee receives no payment or consideration for the 
     transfer of the license a political subdivision of the State 
     of Montana that accepts the license--
       (1) shall not be required to pay such charges during the 5-
     year period following the date of acceptance; and
       (2) after that 5-year period, and for so long as the 
     political subdivision holds the license, shall not be 
     required to pay such charges that exceed 100 percentum of the 
     net revenues derived from the sale of electric power from the 
     project.
       (b) The provisions of subsection (a) shall not be effective 
     if--
       (1) a competing license application is filed within 90 days 
     of the date of enactment of this Act; or
       (2) the Federal Energy Regulatory Commission issues an 
     order within 90 days of the date of enactment of this Act 
     which makes a determination that in the absence of the 
     reduction in charges provided by subsection (a) the license 
     transfer will occur.
       Sec. 3018. Sense of the Senate Regarding the Budget 
     Treatment of Federal Disaster Assistance.--It is the sense of 
     the Senate that the conference on S. 1594, making omnibus 
     consolidated rescissions and appropriations for the fiscal 
     year ending September 30, 1996, and for other purposes, shall 
     find sufficient funding reductions to offset the costs of 
     providing any Federal disaster assistance.
       Sec. 3019. Sense of the Senate Regarding the Budget 
     Treatment of Federal Disaster Assistance.--It is the sense of 
     the Senate that Congress and the relevant committees of the 
     Senate shall examine the manner in which Federal disaster 
     assistance is provided and develop a long-term funding plan 
     for the budgetary treatment of any Federal assistance, 
     providing for such funds out of existing budget allocation 
     rather than taking the expenditures off budget and adding to 
     the Federal deficit.
       Sec. 3020. None of the funds made available by this Act or 
     any previous Act shall be expended if such expenditure would 
     cause total fiscal year 1996 non-defense discretionary 
     expenditures for:
       (1) Agriculture, rural development and related programs or 
     activities contained in this or prior year Acts to exceed 
     $13,581,000,000;
       (2) Commerce, Justice, State, the Judiciary and related 
     programs or activities contained in this or prior year Acts 
     to exceed $23,762,000,000;
       (3) Energy and water development programs or activities 
     contained in this or prior year Acts to exceed 
     $9,272,000,000;
       (4) Foreign operations programs or activities contained in 
     this or prior year Acts to exceed $13,867,000,000;
       (5) Interior and related programs or activities contained 
     in this or prior year Acts to exceed $13,215,000,000;
       (6) Labor, Health and Human Services, Education and related 
     programs or activities contained in this or prior year Acts 
     to exceed $68,565,000,000;
       (7) Transportation and related programs or activities 
     contained in this or prior year Acts to exceed 
     $36,756,000,000; and
       (8) Veterans Affairs, Housing and independent agencies' 
     programs or activities contained in this or prior year Acts 
     to exceed $74,270,000,000: Provided, That the President shall 
     report to the Committees on Appropriations within 30 days of 
     the enactment into law of this Act on the implementation of 
     this section: Provided further, That no more than 50 percent 
     of the funds appropriated or otherwise made available for 
     obligation for non-defense programs and activities in TITLE 
     II--EMERGENCY APPROPRIATIONS--of this Act and containing an 
     emergency designation shall be expended until the report 
     mentioned in the preceding proviso is transmitted to the 
     Committees on Appropriations.

     SEC. 3021. WALLA WALLA MEDICAL CENTER.

       (a) Designation.--The Walla Walla Veterans Medical Center 
     located at 77 Wainwright Drive, Walla Walla, Washington, 
     shall be known and designated as the ``Jonathan M. Wainwright 
     Memorial VA Medical Center''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Walla Walla Veterans Medical Center referred to in subsection 
     (a) shall be deemed to be a reference to the ``Jonathan M. 
     Wainwright Memorial VA Medical Center''.

     SEC. 3022. PLAN FOR ALLOCATION OF HEALTH CARE RESOURCES BY 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) Plan.--(1) The Secretary of Veterans Affairs shall 
     develop a plan for the allocation of health care resources 
     (including personnel and funds) of the Department of Veterans 
     Affairs among the health care facilities of the Department so 
     as to ensure that veterans having similar economic status, 
     eligibility priority and, or, similar medical conditions who 
     are eligible for medical care in such facilities have similar 
     access to such care in such facilities regardless of the 
     region of the United States in which such veterans reside.
       (2) The Plan shall reflect, to the maximum extent possible, 
     the Veterans Integrated Service Network, as well as the 
     Resource Planning and Management System developed by the 
     Department of Veterans Affairs to account for forecasts in 
     expected workload and to ensure fairness to facilities that 
     provide cost-efficient health care, and shall include 
     procedures to identify reasons

[[Page S2529]]

     for variations in operating costs among similar facilities 
     and ways to improve the allocation of resources so as to 
     promote efficient use of resources and provision of quality 
     health care.
       (3) The Secretary shall prepare the plan in consultation 
     with the Under Secretary of Health of the Department of 
     Veterans Affairs.
       (b) Plan Elements.--The plan under subsection (a) shall set 
     forth--
       (1) milestones for achieving the goal referred to in that 
     subsection; and
       (2) a means of evaluating the success of the Secretary in 
     meeting the goals through the plan.
       (c) Submittal to Congress.--The Secretary shall submit to 
     Congress the plan developed under subsection (a) not later 
     than 180 days after the date of the enactment of this Act.
       (d) Plan Implementation.--The Secretary shall implement the 
     plan developed under subsection (a) within 60 days of 
     submitting such plan to Congress under subsection (b), unless 
     within such period the Secretary notifies the appropriate 
     Committees of Congress that such plan will not be implemented 
     along with an explanation of why such plan will not be 
     implemented.

     SEC. 3023. COMPOSITION OF NATIONAL COMMISSION ON 
                   RESTRUCTURING THE INTERNAL REVENUE SERVICE.

       (a) In General.--Section 637(b)(2) of the Treasury, Postal 
     Service, and General Government Appropriations Act, 1996 
     (Public Law 104-52, 109 Stat. 509) is amended--
       (1) by striking ``thirteen'' and inserting ``seventeen'', 
     and
       (2) in subparagraphs (B) and (D)--
       (A) by striking ``Two'' and inserting ``Four'', and
       (B) by striking ``one from private life'' and inserting 
     ``three from private life''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Treasury, Postal Service, and General Government 
     Appropriations Act, 1996.

                  TITLE IV--CONTINGENCY APPROPRIATIONS

                               CHAPTER 1

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                                AGENCIES

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology


                     INDUSTRIAL TECHNOLOGY SERVICES

       In addition to funds provided elsewhere in this Act, for 
     necessary expenses of the Advanced Technology Program of the 
     National Institute of Standards and Technology, $235,000,000, 
     to remain available until expended: 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 from 
     carryover of current and prior year appropriations under the 
     Advanced Technology Program may be used only for the purposes 
     of providing continuation grants.

                       Technology Administration


       UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY POLICY

                         SALARIES AND EXPENSES

       In addition to funds provided elsewhere in this Act, 
     $2,000,000, to remain available until October 30, 1997, for 
     grants to be awarded by the United States-Israel Science and 
     Technology Commission.

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


           SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS

       In addition to funds provided elsewhere in this Act for 
     Security and Maintenance of United States Missions and under 
     the same terms and conditions as are applicable to those 
     funds under this Act, $8,500,000, to remain available until 
     expended.

              International Organizations and Conferences


              CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

       In addition to funds provided elsewhere in this Act for 
     Contributions to International Organizations and under the 
     same terms and conditions as are applicable to those funds 
     under this Act, $223,000,000.


        CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

       In addition to funds provided elsewhere in this Act for 
     Contributions for International Peacekeeping Activities and 
     under the same terms and conditions as are applicable to 
     those funds under this Act, $215,000,000.

                             RELATED AGENCY

                       Legal Services Corporation


               PAYMENT TO THE LEGAL SERVICES CORPORATION

       In addition to funds provided elsewhere in this Act, for 
     payment to the Legal Services Corporation to carry out the 
     purposes of the Legal Services Corporation Act of 1974, as 
     amended, $9,000,000 for basic field programs.

                               CHAPTER 2

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                       payments in lieu of taxes

       In addition to funds provided elsewhere in this Act, 
     $12,500,000.

                         National Park Service


                 OPERATIONS OF THE NATIONAL PARK SYSTEM

       In addition to funds provided elsewhere in this Act, 
     $35,000,000.

                        Bureau of Indian Affairs


                      OPERATION OF INDIAN PROGRAMS

       In addition to funds provided elsewhere in this Act, 
     $35,000,000, to remain available until expended.

                          DEPARTMENT OF ENERGY

                          Energy Conservation

       In addition to funds provided elsewhere in this Act, 
     $35,000,000, to remain available until expended.

                               CHAPTER 3

  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
                            RELATED AGENCIES

                         Subchapter A--Amounts

       In addition to the amounts provided in Title I of this Act 
     for the Department of Labor:
       Under the heading ``Training and Employment Services'', 
     $1,213,300,000, of which $487,300,000 is available for 
     obligation for the period July 1, 1996 through June 30, 1997, 
     and of which $91,000,000 is available from July 1, 1996, 
     through September 30, 1997, for carrying out activities of 
     the School-to-Work Opportunities Act, and of which 
     $635,000,000 is for carrying out title II, part B of the Job 
     Training Partnership Act;
       Under the heading ``State Unemployment Insurance and 
     Employment Service Operations'', $18,000,000, which shall be 
     available for obligation for the period July 1, 1996 through 
     June 30, 1997;
       In addition to the amounts provided for in Title I of this 
     Act for the Department of Health and Human Services:
       Under the heading ``Children and Families Services 
     Programs'', $136,700,000.
       In addition to the amounts provided for in Title I of this 
     Act for the Department of Education:
       Under the heading ``Education Reform'', $151,000,000, which 
     shall become available on October 1, 1996 and shall remain 
     available through September 30, 1997: Provided, That 
     $60,000,000 shall be for the Goals 2000: Educate Act and 
     $91,000,000 shall be for the School-to-Work Opportunities 
     Act.
       Under the heading ``Education for the Disadvantaged'', 
     $814,489,000, which shall become available for obligation on 
     October 1, 1996 and shall remain available through September 
     30, 1997: Provided, That $700,228,000 shall be available for 
     basic grants and $114,261,000 shall be for concentration 
     grants.
       Under the heading ``School Improvement Programs'', 
     $208,000,000, which shall become available for obligation on 
     October 1, 1996 and shall remain available through September 
     30, 1997.
       Under the heading ``Vocational and Adult Education'', 
     $82,750,000, which shall become available for obligation on 
     October 1, 1996 and shall remain available through September 
     30, 1997.
       Under the heading ``Student Financial Assistance'', the 
     maximum Pell Grant for which a student shall be eligible 
     during award year 1996-1997 shall be increased by $60.00: 
     Provided, That funding for title IV, part E shall be 
     increased by $58,000,000 and funding for title IV, part A, 
     subpart 4 shall be increased by $32,000,000.
       Under the heading ``Education Research, Statistics, and 
     Improvement'', $10,000,000 which shall become available for 
     obligation on October 1, 1996 and shall remain available 
     through September 30, 1997, shall be for sections 3136 and 
     3141 of the Elementary and Secondary Education Act.

                    Subchapter B--Additional Amounts

       In addition to the amounts provided in Title I of this Act 
     for the Department of Labor:
       Under the heading ``Departmental Management, Salaries and 
     Expenses'', $12,000,000, of which $10,000,000 shall be only 
     for terminal leave, severance pay, and other costs directly 
     related to the reduction of the number of employees in the 
     Department.
       In addition to the amounts provided for in Title I of this 
     Act for the Department of Health and Human Services:
       Under the heading ``Health Resources and Services'', 
     $55,256,000: Provided, That $52,000,000 of such funds shall 
     be used only for State AIDS Drug Assistance Programs 
     authorized by section 2616 of the Public Health Service Act 
     and shall be distributed to States as authorized by section 
     2618(b)(2) of such Act; and
       Under the heading ``Substance Abuse and Mental Health 
     Services'', $134,107,000.

                    Subchapter C--General Provisions

       Notwithstanding any other provision of this Act, section 
     4002 shall not apply to part 1 of chapter 3 of title IV.

                Administration for Children and Families


                   job opportunities and basic skills

                              (rescission)

       Of the funds made available under this heading elsewhere in 
     this Act, there is rescinded an amount equal to the total of 
     the funds within each State's limitation for fiscal year 1996 
     that are not necessary to pay such State's allowable claims 
     for such fiscal year.
       Section 403(k)(3)(F) of the Social Security Act (as amended 
     by Public Law 100-485) is amended by adding: ``reduced by an 
     amount equal to the total of those funds that are within each 
     State's limitation for fiscal year 1996 that are not 
     necessary to pay such State's allowable claims for such 
     fiscal year (except that such amount for such year shall be 
     deemed to be $1,000,000,000 for the purpose of determining 
     the amount of the payment under subsection (1) to which each 
     State is entitled),''.

                    Federal Aviation Administration


                       grants-in-aid for airports

                    (airport and airway trust fund)

                 (rescission of contract authorization)

       Of the available contract authority balances under this 
     account, $616,000,000 are rescinded.

[[Page S2530]]

    Subchapter D--United States Enrichment Corporation Privatization

     SEC. 401. SHORT TITLE.

       This subchapter may be cited as the ``USEC Privatization 
     Act''.

     SEC. 402. DEFINITIONS.

       For purposes of this subchapter:
       (1) The term ``AVLIS'' means atomic vapor laser isotope 
     separation technology.
       (2) The term ``Corporation'' means the United States 
     Enrichment Corporation and, unless the context otherwise 
     requires, includes the private corporation and any successor 
     thereto following privatization.
       (3) The term ``gaseous diffusion plants'' means the Paducah 
     Gaseous Diffusion Plant at Paducah, Kentucky and the 
     Portsmouth Gaseous Diffusion Plant at Piketon, Ohio.
       (4) The term ``highly enriched uranium'' means uranium 
     enriched to 20 percent or more of the uranium-235 isotope.
       (5) The term ``low-enriched uranium'' means uranium 
     enriched to less than 20 percent of the uranium-235 isotope, 
     including that which is derived from highly enriched uranium.
       (6) The term ``low-level radioactive waste'' has the 
     meaning given such term in section 2(9) of the Low-Level 
     Radioactive Waste Policy Act (42 U.S.C. 2021b(9)).
       (7) The term ``private corporation'' means the corporation 
     established under section 405.
       (8) The term ``privatization'' means the transfer of 
     ownership of the Corporation to private investors.
       (9) The term ``privatization date'' means the date on which 
     100 percent of the ownership of the Corporation has been 
     transferred to private investors.
       (10) The term ``public offering'' means an underwritten 
     offering to the public of the common stock of the private 
     corporation pursuant to section 404.
       (11) The ``Russian HEU Agreement'' means the Agreement 
     Between the Government of the United States of America and 
     the Government of the Russian Federation Concerning the 
     Disposition of Highly Enriched Uranium Extracted from Nuclear 
     Weapons, dated February 18, 1993.
       (12) The term ``Secretary'' means the Secretary of Energy.
       (13) The ``Suspension Agreement'' means the Agreement to 
     Suspend the Antidumping Investigation on Uranium from the 
     Russian Federation, as amended.
       (14) The term ``uranium enrichment'' means the separation 
     of uranium of a given isotopic content into 2 components, 1 
     having a higher percentage of a fissile isotope and 1 having 
     a lower percentage.

     SEC. 403. SALE OF THE CORPORATION.

       (a) Authorization.--The Board of Directors of the 
     Corporation, with the approval of the Secretary of the 
     Treasury, shall transfer the interest of the United States in 
     the United States Enrichment Corporation to the private 
     sector in a manner that provides for the long-term viability 
     of the Corporation, provides for the continuation by the 
     Corporation of the operation of the Department of Energy's 
     gaseous diffusion plants, provides for the protection of the 
     public interest in maintaining a reliable and economical 
     domestic source of uranium mining, enrichment and conversion 
     services, and, to the extent not inconsistent with such 
     purposes, secures the maximum proceeds to the United States.
       (b) Proceeds.--Proceeds from the sale of the United States' 
     interest in the Corporation shall be deposited in the general 
     fund of the Treasury.

     SEC. 404. METHOD OF SALE.

       (a) Authorization.--The Board of Directors of the 
     Corporation, with the approval of the Secretary of the 
     Treasury, shall transfer ownership of the assets and 
     obligations of the Corporation to the private corporation 
     established under section 405 (which may be consummated 
     through a merger or consolidation effected in accordance 
     with, and having the effects provided under, the law of the 
     State of incorporation of the private corporation, as if the 
     Corporation were incorporated thereunder).
       (b) Board Determination.--The Board, with the approval of 
     the Secretary of the Treasury, shall select the method of 
     transfer and establish terms and conditions for the transfer 
     that will provide the maximum proceeds to the Treasury of the 
     United States and will provide for the long-term viability of 
     the private corporation, the continued operation of the 
     gaseous diffusion plants, and the public interest in 
     maintaining reliable and economical domestic uranium mining 
     and enrichment industries.
       (c) Adequate Proceeds.--The Secretary of the Treasury shall 
     not allow the privatization of the Corporation unless before 
     the sale date the Secretary of the Treasury determines that 
     the method of transfer will provide the maximum proceeds to 
     the Treasury consistent with the principles set forth in 
     section 403(a).
       (d) Application of Securities Laws.--Any offering or sale 
     of securities by the private corporation shall be subject to 
     the Securities Act of 1933 (15 U.S.C. 77a et seq.), the 
     Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), and 
     the provisions of the Constitution and laws of any State, 
     territory, or possession of the United States relating to 
     transactions in securities.
       (e) Expenses.--Expenses of privatization shall be paid from 
     Corporation revenue accounts in the United States Treasury.

     SEC. 405. ESTABLISHMENT OF PRIVATE CORPORATION.

       (a) Incorporation.--(1) The directors of the Corporation 
     shall establish a private for-profit corporation under the 
     laws of a State for the purpose of receiving the assets and 
     obligations of the Corporation at privatization and 
     continuing the business operations of the Corporation 
     following privatization.
       (2) The directors of the Corporation may serve as 
     incorporators of the private corporation and shall take all 
     steps necessary to establish the private corporation, 
     including the filing of articles of incorporation consistent 
     with the provisions of this subchapter.
       (3) Employees and officers of the Corporation (including 
     members of the Board of Directors) acting in accordance with 
     this section on behalf of the private corporation shall be 
     deemed to be acting in their official capacities as employees 
     or officers of the Corporation for purposes of section 205 of 
     title 18, United States Code.
       (b) Status of the Private Corporation.--(1) The private 
     corporation shall not be an agency, instrumentality, or 
     establishment of the United States, a Government corporation, 
     or a Government-controlled corporation.
       (2) Except as otherwise provided by this subchapter, 
     financial obligations of the private corporation shall not be 
     obligations of, or guaranteed as to principal or interest by, 
     the Corporation or the United States, and the obligations 
     shall so plainly state.
       (3) No action under section 1491 of title 28, United States 
     Code, shall be allowable against the United States based on 
     actions of the private corporation.
       (c) Application of Post-Government Employment 
     Restrictions.--Beginning on the privatization date, the 
     restrictions stated in section 207 (a), (b), (c), and (d) of 
     title 18, United States Code, shall not apply to the acts of 
     an individual done in carrying out official duties as a 
     director, officer, or employee of the private corporation, if 
     the individual was an officer or employee of the Corporation 
     (including a director) continuously during the 45 days prior 
     to the privatization date.
       (d) Dissolution.--In the event that the privatization does 
     not occur, the Corporation will provide for the dissolution 
     of the private corporation within 1 year of the private 
     corporation's incorporation unless the Secretary of the 
     Treasury or his delegate, upon the Corporation's request, 
     agrees to delay any such dissolution for an additional year.

     SEC. 406. TRANSFERS TO THE PRIVATE CORPORATION.

       Concurrent with privatization, the Corporation shall 
     transfer to the private corporation--
       (1) the lease of the gaseous diffusion plants in accordance 
     with section 407,
       (2) all personal property and inventories of the 
     Corporation,
       (3) all contracts, agreements, and leases under section 
     408(a),
       (4) the Corporation's right to purchase power from the 
     Secretary under section 408(b),
       (5) such funds in accounts of the Corporation held by the 
     Treasury or on deposit with any bank or other financial 
     institution as approved by the Secretary of the Treasury, and
       (6) all of the Corporation's records, including all of the 
     papers and other documentary materials, regardless of 
     physical form or characteristics, made or received by the 
     Corporation.

     SEC. 407. LEASING OF GASEOUS DIFFUSION FACILITIES.

       (a) Transfer of Lease.--Concurrent with privatization, the 
     Corporation shall transfer to the private corporation the 
     lease of the gaseous diffusion plants and related property 
     for the remainder of the term of such lease in accordance 
     with the terms of such lease.
       (b) Renewal.--The private corporation shall have the 
     exclusive option to lease the gaseous diffusion plants and 
     related property for additional periods following the 
     expiration of the initial term of the lease.
       (c) Exclusion of Facilities for Production of Highly 
     Enriched Uranium.--The Secretary shall not lease to the 
     private corporation any facilities necessary for the 
     production of highly enriched uranium but may, subject to the 
     requirements of the Atomic Energy Act of 1954 (42 U.S.C. 2011 
     et seq.), grant the Corporation access to such facilities for 
     purposes other than the production of highly enriched 
     uranium.
       (d) DOE Responsibility for Preexisting Conditions.--The 
     payment of any costs of decontamination and decommissioning, 
     response actions, or corrective actions with respect to 
     conditions existing before July 1, 1993, at the gaseous 
     diffusion plants shall remain the sole responsibility of the 
     Secretary.
       (e) Environmental Audit.--For purposes of subsection (d), 
     the conditions existing before July 1, 1993, at the gaseous 
     diffusion plants shall be determined from the environmental 
     audit conducted pursuant to section 1403(e) of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2297c-2(e)).
       (f) Treatment Under Price-Anderson Provisions.--Any lease 
     executed between the Secretary and the Corporation or the 
     private corporation, and any extension or renewal thereof, 
     under this section shall be deemed to be a contract for 
     purposes of section 170d. of the Atomic Energy Act of 1954 
     (42 U.S.C. 2210(d)).
       (g) Waiver of EIS Requirement.--The execution or transfer 
     of the lease between the Secretary and the Corporation or the 
     private corporation, and any extension or renewal thereof, 
     shall not be considered to be a major Federal action 
     significantly affecting the quality of the human environment 
     for purposes of section 102 of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4332).

     SEC. 408. TRANSFER OF CONTRACTS.

       (a) Transfer of Contracts.--Concurrent with privatization, 
     the Corporation shall transfer to the private corporation all 
     contracts, agreements, and leases, including all uranium 
     enrichment contracts, that were--
       (1) transferred by the Secretary to the Corporation 
     pursuant to section 1401(b) of the Atomic Energy Act of 1954 
     (42 U.S.C. 2297c(b)), or
       (2) entered into by the Corporation before the 
     privatization date.
       (b) Nontransferable Power Contracts.--The Corporation shall 
     transfer to the private corporation the right to purchase 
     power from

[[Page S2531]]

     the Secretary under the power purchase contracts for the 
     gaseous diffusion plants executed by the Secretary before 
     July 1, 1993. The Secretary shall continue to receive power 
     for the gaseous diffusion plants under such contracts and 
     shall continue to resell such power to the private 
     corporation at cost during the term of such contracts.
       (c) Effect of Transfer.--(1) Notwithstanding subsection 
     (a), the United States shall remain obligated to the parties 
     to the contracts, agreements, and leases transferred under 
     subsection (a) for the performance of its obligations under 
     such contracts, agreements, or leases during their terms. 
     Performance of such obligations by the private corporation 
     shall be considered performance by the United States.
       (2) If a contract, agreement, or lease transferred under 
     subsection (a) is terminated, extended, or materially amended 
     after the privatization date--
       (A) the private corporation shall be responsible for any 
     obligation arising under such contract, agreement, or lease 
     after any extension or material amendment, and
       (B) the United States shall be responsible for any 
     obligation arising under the contract, agreement, or lease 
     before the termination, extension, or material amendment.
       (3) The private corporation shall reimburse the United 
     States for any amount paid by the United States under a 
     settlement agreement entered into with the consent of the 
     private corporation or under a judgment, if the settlement or 
     judgment--
       (A) arises out of an obligation under a contract, 
     agreement, or lease transferred under subsection (a), and
       (B) arises out of actions of the private corporation 
     between the privatization date and the date of a termination, 
     extension, or material amendment of such contract, agreement, 
     or lease.
       (d) Pricing.--The Corporation may establish prices for its 
     products, materials, and services provided to customers on a 
     basis that will allow it to attain the normal business 
     objectives of a profit making corporation.

     SEC. 409. LIABILITIES.

       (a) Liability of the United States.--(1) Except as 
     otherwise provided in this subchapter, all liabilities 
     arising out of the operation of the uranium enrichment 
     enterprise before July 1, 1993, shall remain the direct 
     liabilities of the Secretary.
       (2) Except as provided in subsection (a)(3) or otherwise 
     provided in a memorandum of agreement entered into by the 
     Corporation and the Office of Management and Budget prior to 
     the privatization date, all liabilities arising out of the 
     operation of the Corporation between July 1, 1993, and the 
     privatization date shall remain the direct liabilities of the 
     United States.
       (3) All liabilities arising out of the disposal of depleted 
     uranium generated by the Corporation between July 1, 1993, 
     and the privatization date shall become the direct 
     liabilities of the Secretary.
       (4) Any stated or implied consent for the United States, or 
     any agent or officer of the United States, to be sued by any 
     person for any legal, equitable, or other relief with respect 
     to any claim arising from any action taken by any agent or 
     officer of the United States in connection with the 
     privatization of the Corporation is hereby withdrawn.
       (5) To the extent that any claim against the United States 
     under this section is of the type otherwise required by 
     Federal statute or regulation to be presented to a Federal 
     agency or official for adjudication or review, such claim 
     shall be presented to the Department of Energy in accordance 
     with procedures to be established by the Secretary. Nothing 
     in this paragraph shall be construed to impose on the 
     Department of Energy liability to pay any claim presented 
     pursuant to this paragraph.
       (6) The Attorney General shall represent the United States 
     in any action seeking to impose liability under this 
     subsection.
       (b) Liability of the Corporation.--Notwithstanding any 
     provision of any agreement to which the Corporation is a 
     party, the Corporation shall not be considered in breach, 
     default, or violation of any agreement because of the 
     transfer of such agreement to the private corporation under 
     section 408 or any other action the Corporation is required 
     to take under this subchapter.
       (c) Liability of the Private Corporation.--Except as 
     provided in this subchapter, the private corporation shall be 
     liable for any liabilities arising out of its operations 
     after the privatization date.
       (d) Liability of Officers and Directors.--(1) No officer, 
     director, employee, or agent of the Corporation shall be 
     liable in any civil proceeding to any party in connection 
     with any action taken in connection with the privatization 
     if, with respect to the subject matter of the action, suit, 
     or proceeding, such person was acting within the scope of his 
     employment.
       (2) This subsection shall not apply to claims arising under 
     the Securities Act of 1933 (15 U.S.C. 77a. et seq.), the 
     Securities Exchange Act of 1934 (15 U.S.C. 78a. et seq.), or 
     under the Constitution or laws of any State, territory, or 
     possession of the United States relating to transactions in 
     securities.

     SEC. 410. EMPLOYEE PROTECTIONS.

       (a) Contractor Employees.--(1) Privatization shall not 
     diminish the accrued, vested pension benefits of employees of 
     the Corporation's operating contractor at the two gaseous 
     diffusion plants.
       (2) In the event that the private corporation terminates or 
     changes the contractor at either or both of the gaseous 
     diffusion plants, the plan sponsor or other appropriate 
     fiduciary of the pension plan covering employees of the prior 
     operating contractor shall arrange for the transfer of all 
     plan assets and liabilities relating to accrued pension 
     benefits of such plan's participants and beneficiaries from 
     such plant to a pension plan sponsored by the new contractor 
     or the private corporation or a joint labor-management plan, 
     as the case may be.
       (3) In addition to any obligations arising under the 
     National Labor Relations Act (29 U.S.C. 151 et seq.), any 
     employer (including the private corporation if it operates a 
     gaseous diffusion plant without a contractor or any 
     contractor of the private corporation) at a gaseous diffusion 
     plant shall--
       (A) abide by the terms of any unexpired collective 
     bargaining agreement covering employees in bargaining units 
     at the plant and in effect on the privatization date until 
     the stated expiration or termination date of the agreement; 
     or
       (B) in the event a collective bargaining agreement is not 
     in effect upon the privatization date, have the same 
     bargaining obligations under section 8(d) of the National 
     Labor Relations Act (29 U.S.C. 158(d)) as it had immediately 
     before the privatization date.
       (4) If the private corporation replaces its operating 
     contractor at a gaseous diffusion plant, the new employer 
     (including the new contractor or the private corporation if 
     it operates a gaseous diffusion plant without a contractor) 
     shall--
       (A) offer employment to non-management employees of the 
     predecessor contractor to the extent that their jobs still 
     exist or they are qualified for new jobs, and
       (B) abide by the terms of the predecessor contractor's 
     collective bargaining agreement until the agreement expires 
     or a new agreement is signed.
       (5) In the event of a plant closing or mass layoff (as such 
     terms are defined in section 2101(a) (2) and (3) of title 29, 
     United States Code) at either of the gaseous diffusion 
     plants, the Secretary of Energy shall treat any adversely 
     affected employee of an operating contractor at either plant 
     who was an employee at such plant on July 1, 1993, as a 
     Department of Energy employee for purposes of sections 3161 
     and 3162 of the National Defense Authorization Act for Fiscal 
     Year 1993 (42 U.S.C. 7274h-7274i).
       (6)(A) The Secretary and the private corporation shall 
     cause the post-retirement health benefits plan provider (or 
     its successor) to continue to provide benefits for eligible 
     persons, as described under subparagraph (B), employed by an 
     operating contractor at either of the gaseous diffusion 
     plants in an economically efficient manner and at 
     substantially the same level of coverage as eligible retirees 
     are entitled to receive on the privatization date.
       (B) Persons eligible for coverage under subparagraph (A) 
     shall be limited to:
       (i) persons who retired from active employment at one of 
     the gaseous diffusion plants on or before the privatization 
     date as vested participants in a pension plan maintained 
     either by the Corporation's operating contractor or by a 
     contractor employed prior to July 1, 1993, by the Department 
     of Energy to operate a gaseous diffusion plant; and
       (ii) persons who are employed by the Corporation's 
     operating contractor on or before the privatization date and 
     are vested participants in a pension plan maintained either 
     by the Corporation's operating contractor or by a contractor 
     employed prior to July 1, 1993, by the Department of Energy 
     to operate a gaseous diffusion plant.
       (C) The Secretary shall fund the entire cost of post-
     retirement health benefits for persons who retired from 
     employment with an operating contractor prior to July 1, 
     1993.
       (D) The Secretary and the Corporation shall fund the cost 
     of post-retirement health benefits for persons who retire 
     from employment with an operating contractor on or after July 
     1, 1993, in proportion to the retired person's years and 
     months of service at a gaseous diffusion plant under their 
     respective management.
       (7)(A) Any suit under this subsection alleging a violation 
     of an agreement between an employer and a labor organization 
     shall be brought in accordance with section 301 of the Labor 
     Management Relations Act (29 U.S.C. 185).
       (B) Any charge under this subsection alleging an unfair 
     labor practice violative of section 8 of the National Labor 
     Relations Act (29 U.S.C. 158) shall be pursued in accordance 
     with section 10 of the National Labor Relations Act (29 
     U.S.C. 160).
       (C) Any suit alleging a violation of any provision of this 
     subsection, to the extent it does not allege a violation of 
     the National Labor Relations Act, may be brought in any 
     district court of the United States having jurisdiction over 
     the parties, without regard to the amount in controversy or 
     the citizenship of the parties.
       (b) Former Federal Employees.--(1)(A) An employee of the 
     Corporation that was subject to either the Civil Service 
     Retirement System (referred to in this section as ``CSRS'') 
     or the Federal Employees' Retirement System (referred to in 
     this section as ``FERS'') on the day immediately preceding 
     the privatization date shall elect--
       (i) to retain the employee's coverage under either CSRS or 
     FERS, as applicable, in lieu of coverage by the Corporation's 
     retirement system, or
       (ii) to receive a deferred annuity or lump-sum benefit 
     payable to a terminated employee under CSRS or FERS, as 
     applicable.
       (B) An employee that makes the election under subparagraph 
     (A)(ii) shall have the option to transfer the balance in the 
     employee's Thrift Savings Plan account to a defined 
     contribution plan under the Corporation's retirement system, 
     consistent with applicable law and the terms of the 
     Corporation's defined contribution plan.
       (2) The Corporation shall pay to the Civil Service 
     Retirement and Disability Fund--

[[Page S2532]]

       (A) such employee deductions and agency contributions as 
     are required by sections 8334, 8422, and 8423 of title 5, 
     United States Code, for those employees who elect to retain 
     their coverage under either CSRS or FERS pursuant to 
     paragraph (1);
       (B) such additional agency contributions as are determined 
     necessary by the Office of Personnel Management to pay, in 
     combination with the sums under subparagraph (A), the 
     ``normal cost'' (determined using dynamic assumptions) of 
     retirement benefits for those employees who elect to retain 
     their coverage under CSRS pursuant to paragraph (1), with the 
     concept of ``normal cost'' being used consistent with 
     generally accepted actuarial standards and principles; and
       (C) such additional amounts, not to exceed two percent of 
     the amounts under subparagraphs (A) and (B), as are 
     determined necessary by the Office of Personnel Management to 
     pay the cost of administering retirement benefits for 
     employees who retire from the Corporation after the 
     privatization date under either CSRS or FERS, for their 
     survivors, and for survivors of employees of the Corporation 
     who die after the privatization date (which amounts shall be 
     available to the Office of Personnel Management as provided 
     in section 8348(a)(1)(B) of title 5, United States Code).
       (3) The Corporation shall pay to the Thrift Savings Fund 
     such employee and agency contributions as are required by 
     section 8432 of title 5, United States Code, for those 
     employees who elect to retain their coverage under FERS 
     pursuant to paragraph (1).
       (4) Any employee of the Corporation who was subject to the 
     Federal Employee Health Benefits Program (referred to in this 
     section as ``FEHBP'') on the day immediately preceding the 
     privatization date and who elects to retain coverage under 
     either CSRS or FERS pursuant to paragraph (1) shall have the 
     option to receive health benefits from a health benefit plan 
     established by the Corporation or to continue without 
     interruption coverage under the FEHBP, in lieu of coverage by 
     the Corporation's health benefit system.
       (5) The Corporation shall pay to the Employees Health 
     Benefits Fund--
       (A) such employee deductions and agency contributions as 
     are required by section 8906 (a)-(f) of title 5, United 
     States Code, for those employees who elect to retain their 
     coverage under FEHBP pursuant to paragraph (4); and
       (B) such amounts as are determined necessary by the Office 
     of Personnel Management under paragraph (6) to reimburse the 
     Office of Personnel Management for contributions under 
     section 8906(g)(1) of title 5, United States Code, for those 
     employees who elect to retain their coverage under FEHBP 
     pursuant to paragraph (4).
       (6) The amounts required under paragraph (5)(B) shall pay 
     the Government contributions for retired employees who retire 
     from the Corporation after the privatization date under 
     either CSRS or FERS, for survivors of such retired employees, 
     and for survivors of employees of the Corporation who die 
     after the privatization date, with said amounts prorated to 
     reflect only that portion of the total service of such 
     employees and retired persons that was performed for the 
     Corporation after the privatization date.

     SEC. 411. OWNERSHIP LIMITATIONS.

       (a) Securities Limitations.--No director, officer, or 
     employee of the Corporation may acquire any securities, or 
     any rights to acquire any securities of the private 
     corporation on terms more favorable than those offered to the 
     general public--
       (1) in a public offering designed to transfer ownership of 
     the Corporation to private investors,
       (2) pursuant to any agreement, arrangement, or 
     understanding entered into before the privatization date, or
       (3) before the election of the directors of the private 
     corporation.
       (b) Ownership Limitation.--Immediately following the 
     consummation of the transaction or series of transactions 
     pursuant to which 100 percent of the ownership of the 
     Corporation is transferred to private investors, and for a 
     period of three years thereafter, no person may acquire, 
     directly or indirectly, beneficial ownership of securities 
     representing more than 10 percent of the total votes of all 
     outstanding voting securities of the Corporation. The 
     foregoing limitation shall not apply to--
       (1) any employee stock ownership plan of the Corporation,
       (2) members of the underwriting syndicate purchasing shares 
     in stabilization transactions in connection with the 
     privatization, or
       (3) in the case of shares beneficially held in the ordinary 
     course of business for others, any commercial bank, broker-
     dealer, or clearing agency.

     SEC. 412. URANIUM TRANSFERS AND SALES.

       (a) Transfers and Sales by the Secretary.--The Secretary 
     shall not provide enrichment services or transfer or sell any 
     uranium (including natural uranium concentrates, natural 
     uranium hexafluoride, or enriched uranium in any form) to any 
     person except as consistent with this section.
       (b) Russian HEU.--(1) On or before December 31, 1996, the 
     United States Executive Agent under the Russian HEU Agreement 
     shall transfer to the Secretary without charge title to an 
     amount of uranium hexafluoride equivalent to the natural 
     uranium component of low-enriched uranium derived from at 
     least 18 metric tons of highly enriched uranium purchased 
     from the Russian Executive Agent under the Russian HEU 
     Agreement. The quantity of such uranium hexafluoride 
     delivered to the Secretary shall be based on a tails assay of 
     0.30 U\235\. Uranium hexafluoride transferred to the 
     Secretary pursuant to this paragraph shall be deemed under 
     United States law for all purposes to be of Russian origin.
       (2) Within 7 years of the date of enactment of this Act, 
     the Secretary shall sell, and receive payment for, the 
     uranium hexafluoride transferred to the Secretary pursuant to 
     paragraph (1). Such uranium hexafluoride shall be sold--
       (A) at any time for use in the United States for the 
     purpose of overfeeding;
       (B) at any time for end use outside the United States;
       (C) in 1995 and 1996 to the Russian Executive Agent at the 
     purchase price for use in matched sales pursuant to the 
     Suspension Agreement; or,
       (D) in calendar year 2001 for consumption by end users in 
     the United States not prior to January 1, 2002, in volumes 
     not to exceed 3,000,000 pounds U3O8 equivalent per 
     year.
       (3) With respect to all enriched uranium delivered to the 
     United States Executive Agent under the Russian HEU Agreement 
     on or after January 1, 1997, the United States Executive 
     Agent shall, upon request of the Russian Executive Agent, 
     enter into an agreement to deliver concurrently to the 
     Russian Executive Agent an amount of uranium hexafluoride 
     equivalent to the natural uranium component of such uranium. 
     An agreement executed pursuant to a request of the Russian 
     Executive Agent, as contemplated in this paragraph, may 
     pertain to any deliveries due during any period remaining 
     under the Russian HEU Agreement. The quantity of such uranium 
     hexafluoride delivered to the Russian Executive Agent shall 
     be based on a tails assay of 0.30 U\235\. Title to uranium 
     hexafluoride delivered to the Russian Executive Agent 
     pursuant to this paragraph shall transfer to the Russian 
     Executive Agent upon delivery of such material to the Russian 
     Executive Agent, with such delivery to take place at a North 
     American facility designated by the Russian Executive Agent. 
     Uranium hexafluoride delivered to the Russian Executive Agent 
     pursuant to this paragraph shall be deemed under U.S. law for 
     all purposes to be of Russian origin. Such uranium 
     hexafluoride may be sold to any person or entity for delivery 
     and use in the United States only as permitted in subsections 
     (b)(5), (b)(6) and (b)(7) of this section.
       (4) In the event that the Russian Executive Agent does not 
     exercise its right to enter into an agreement to take 
     delivery of the natural uranium component of any low-enriched 
     uranium, as contemplated in paragraph (3), within 90 days of 
     the date such low-enriched uranium is delivered to the United 
     States Executive Agent, or upon request of the Russian 
     Executive Agent, then the United States Executive Agent shall 
     engage an independent entity through a competitive selection 
     process to auction an amount of uranium hexafluoride or 
     U3O8 (in the event that the conversion component of 
     such hexafluoride has previously been sold) equivalent to the 
     natural uranium component of such low-enriched uranium. An 
     agreement executed pursuant to a request of the Russian 
     Executive Agent, as contemplated in this paragraph, may 
     pertain to any deliveries due during any period remaining 
     under the Russian HEU Agreement. Such independent entity 
     shall sell such uranium hexafluoride in one or more lots to 
     any person or entity to maximize the proceeds from such 
     sales, for disposition consistent with the limitations set 
     forth in this subsection. The independent entity shall pay to 
     the Russian Executive Agent the proceeds of any such auction 
     less all reasonable transaction and other administrative 
     costs. The quantity of such uranium hexafluoride auctioned 
     shall be based on a tails assay of 0.30 U\235\. Title to 
     uranium hexafluoride auctioned pursuant to this paragraph 
     shall transfer to the buyer of such material upon delivery of 
     such material to the buyer. Uranium hexafluoride auctioned 
     pursuant to this paragraph shall be deemed under United 
     States law for all purposes to be of Russian origin.
       (5) Except as provided in paragraphs (6) and (7), uranium 
     hexafluoride delivered to the Russian Executive Agent under 
     paragraph (3) or auctioned pursuant to paragraph (4), may not 
     be delivered for consumption by end users in the United 
     States either directly or indirectly prior to January 1, 
     1998, and thereafter only in accordance with the following 
     schedule:


                 Annual Maximum Deliveries to End Users


                                          (millions lbs. U3O8
  Year:                                                     equivalent)
  1998...............................................................2 
  1999...............................................................4 
  2000...............................................................6 
  2001...............................................................8 
  2002..............................................................10 
  2003..............................................................12 
  2004..............................................................14 
  2005..............................................................16 
  2006..............................................................17 
  2007..............................................................18 
  2008..............................................................19 
  2009 and each year thereafter.....................................20.

       (6) Uranium hexafluoride delivered to the Russian Executive 
     Agent under paragraph (3) or auctioned pursuant to paragraph 
     (4) may be sold at any time as Russian-origin natural uranium 
     in a matched sale pursuant to the Suspension Agreement, and 
     in such case shall not be counted against the annual maximum 
     deliveries set forth in paragraph (5).
       (7) Uranium hexafluoride delivered to the Russian Executive 
     Agent under paragraph (3) or auctioned pursuant to paragraph 
     (4) may be sold at any time for use in the United States for 
     the purpose of overfeeding in the operations of enrichment 
     facilities.
       (8) Nothing in this subsection (b) shall restrict the sale 
     of the conversion component of such uranium hexafluoride.
       (9) The Secretary of Commerce shall have responsibility for 
     the administration and enforcement of the limitations set 
     forth in this subsection. The Secretary of Commerce may 
     require any person to provide any certifications, 
     information, or take any action that may be necessary to 
     enforce these limitations. The United

[[Page S2533]]

     States Customs Service shall maintain and provide any 
     information required by the Secretary of Commerce and shall 
     take any action requested by the Secretary of Commerce which 
     is necessary for the administration and enforcement of the 
     uranium delivery limitations set forth in this section.
       (10) The President shall monitor the actions of the United 
     States Executive Agent under the Russian HEU Agreement and 
     shall report to the Congress not later than December 31 of 
     each year on the effect the low-enriched uranium delivered 
     under the Russian HEU Agreement is having on the domestic 
     uranium mining, conversion, and enrichment industries, and 
     the operation of the gaseous diffusion plants. Such report 
     shall include a description of actions taken or proposed to 
     be taken by the President to prevent or mitigate any material 
     adverse impact on such industries or any loss of employment 
     at the gaseous diffusion plants as a result of the Russian 
     HEU Agreement.
       (c) Transfers to the Corporation.--(1) The Secretary shall 
     transfer to the Corporation without charge up to 50 metric 
     tons of enriched uranium and up to 7,000 metric tons of 
     natural uranium from the Department of Energy's stockpile, 
     subject to the restrictions in subsection (c)(2).
       (2) The Corporation shall not deliver for commercial end 
     use in the United States--
       (A) any of the uranium transferred under this subsection 
     before January 1, 1998;
       (B) more than 10 percent of the uranium (by uranium 
     hexafluoride equivalent content) transferred under this 
     subsection or more than 4,000,000 pounds, whichever is less, 
     in any calendar year after 1997; or
       (C) more than 800,000 separative work units contained in 
     low-enriched uranium transferred under this subsection in any 
     calendar year.
       (d) Inventory Sales.--(1) In addition to the transfers 
     authorized under subsections (c) and (e), the Secretary may, 
     from time to time, sell natural and low-enriched uranium 
     (including low-enriched uranium derived from highly enriched 
     uranium) from the Department of Energy's stockpile.
       (2) Except as provided in subsections (b), (c), and (e), no 
     sale or transfer of natural or low-enriched uranium shall be 
     made unless--
       (A) the President determines that the material is not 
     necessary for national security needs,
       (B) the Secretary determines that the sale of the material 
     will not have an adverse material impact on the domestic 
     uranium mining, conversion, or enrichment industry, taking 
     into account the sales of uranium under the Russian HEU 
     Agreement and the Suspension Agreement, and
       (C) the price paid to the Secretary will not be less than 
     the fair market value of the material.
       (e) Government Transfers.--Notwithstanding subsection 
     (d)(2), the Secretary may transfer or sell enriched uranium--
       (1) to a Federal agency if the material is transferred for 
     the use of the receiving agency without any resale or 
     transfer to another entity and the material does not meet 
     commercial specifications;
       (2) to any person for national security purposes, as 
     determined by the Secretary; or
       (3) to any State or local agency or nonprofit, charitable, 
     or educational institution for use other than the generation 
     of electricity for commercial use.
       (f) Savings Provision.--Nothing in this subchapter shall be 
     read to modify the terms of the Russian HEU Agreement.

     SEC. 413. LOW-LEVEL WASTE.

       (a) Responsibility of DOE.--(1) The Secretary, at the 
     request of the generator, shall accept for disposal low-level 
     radioactive waste, including depleted uranium if it were 
     ultimately determined to be low-level radioactive waste, 
     generated by--
       (A) the Corporation as a result of the operations of the 
     gaseous diffusion plants or as a result of the treatment of 
     such wastes at a location other than the gaseous diffusion 
     plants, or
       (B) any person licensed by the Nuclear Regulatory 
     Commission to operate a uranium enrichment facility under 
     sections 53, 63, and 193 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2073, 2093, and 2243).
       (2) Except as provided in paragraph (3), the generator 
     shall reimburse the Secretary for the disposal of low-level 
     radioactive waste pursuant to paragraph (1) in an amount 
     equal to the Secretary's costs, including a pro rata share of 
     any capital costs, but in no event more than an amount equal 
     to that which would be charged by commercial, State, 
     regional, or interstate compact entities for disposal of such 
     waste.
       (3) In the event depleted uranium were ultimately 
     determined to be low-level radioactive waste, the generator 
     shall reimburse the Secretary for the disposal of depleted 
     uranium pursuant to paragraph (1) in an amount equal to the 
     Secretary's costs, including a pro rata share of any capital 
     costs.
       (b) Agreements With Other Persons.--The generator may also 
     enter into agreements for the disposal of low-level 
     radioactive waste subject to subsection (a) with any person 
     other than the Secretary that is authorized by applicable 
     laws and regulations to dispose of such wastes.
       (c) State or Interstate Compacts.--Notwithstanding any 
     other provision of law, no State or interstate compact shall 
     be liable for the treatment, storage, or disposal of any low-
     level radioactive waste (including mixed waste) attributable 
     to the operation, decontamination, and decommissioning of any 
     uranium enrichment facility.

     SEC. 414. AVLIS.

       (a) Exclusive Right to Commercialize.--The Corporation 
     shall have the exclusive commercial right to deploy and use 
     any AVLIS patents, processes, and technical information owned 
     or controlled by the Government, upon completion of a royalty 
     agreement with the Secretary.
       (b) Transfer of Related Property to Corporation.--
       (1) In general.--To the extent requested by the Corporation 
     and subject to the requirements of the Atomic Energy Act of 
     1954 (42 U.S.C. 2011, et seq.), the President shall transfer 
     without charge to the Corporation all of the right, title, or 
     interest in and to property owned by the United States under 
     control or custody of the Secretary that is directly related 
     to and materially useful in the performance of the 
     Corporation's purposes regarding AVLIS and alternative 
     technologies for uranium enrichment, including--
       (A) facilities, equipment, and materials for research, 
     development, and demonstration activities; and
       (B) all other facilities, equipment, materials, processes, 
     patents, technical information of any kind, contracts, 
     agreements, and leases.
       (2) Exception.--Facilities, real estate, improvements, and 
     equipment related to the gaseous diffusion, and gas 
     centrifuge, uranium enrichment programs of the Secretary 
     shall not transfer under paragraph (1)(B).
       (3) Expiration of transfer authority.--The President's 
     authority to transfer property under this subsection shall 
     expire upon the privatization date.
       (c) Liability for Patent and Related Claims.--With respect 
     to any right, title, or interest provided to the Corporation 
     under subsection (a) or (b), the Corporation shall have sole 
     liability for any payments made or awards under section 157 
     b. (3) of the Atomic Energy Act of 1954 (42 U.S.C. 
     2187(b)(3)), or any settlements or judgments involving claims 
     for alleged patent infringement. Any royalty agreement under 
     subsection (a) of this section shall provide for a reduction 
     of royalty payments to the Secretary to offset any payments, 
     awards, settlements, or judgments under this subsection.

     SEC. 415. APPLICATION OF CERTAIN LAWS.

       (a) OSHA.--(1) As of the privatization date, the private 
     corporation shall be subject to and comply with the 
     Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
     seq.).
       (2) The Nuclear Regulatory Commission and the Occupational 
     Safety and Health Administration shall, within 90 days after 
     the date of enactment of this Act, enter into a memorandum of 
     agreement to govern the exercise of their authority over 
     occupational safety and health hazards at the gaseous 
     diffusion plants, including inspection, investigation, 
     enforcement, and rulemaking relating to such hazards.
       (b) Antitrust Laws.--For purposes of the antitrust laws, 
     the performance by the private corporation of a ``matched 
     import'' contract under the Suspension Agreement shall be 
     considered to have occurred prior to the privatization date, 
     if at the time of privatization, such contract had been 
     agreed to by the parties in all material terms and confirmed 
     by the Secretary of Commerce under the Suspension Agreement.
       (c) Energy Reorganization Act Requirements.--(1) The 
     private corporation and its contractors and subcontractors 
     shall be subject to the provisions of section 211 of the 
     Energy Reorganization Act of 1974 (42 U.S.C. 5851) to the 
     same extent as an employer subject to such section.
       (2) With respect to the operation of the facilities leased 
     by the private corporation, section 206 of the Energy 
     Reorganization Act of 1974 (42 U.S.C. 5846) shall apply to 
     the directors and officers of the private corporation.

     SEC. 416. AMENDMENTS TO THE ATOMIC ENERGY ACT.

       (a) Repeal.--(1) Chapters 22 through 26 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2297-2297e-7) are repealed as 
     of the privatization date.
       (2) The table of contents of such Act is amended as of the 
     privatization date by striking the items referring to 
     sections repealed by paragraph (1).
       (b) NRC Licensing.--(1) Section 11v. of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2014v.) is amended by striking ``or 
     the construction and operation of a uranium enrichment 
     facility using Atomic Vapor Laser Isotope Separation 
     technology''.
       (2) Section 193 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2243) is amended by adding at the end the following:
       ``(f) Limitation.--No license or certificate of compliance 
     may be issued to the United States Enrichment Corporation or 
     its successor under this section or sections 53, 63, or 1701, 
     if the Commission determines that--
       ``(1) the Corporation is owned, controlled, or dominated by 
     an alien, a foreign corporation, or a foreign government; or
       ``(2) the issuance of such a license or certificate of 
     compliance would be inimical to--
       ``(A) the common defense and security of the United States; 
     or
       ``(B) the maintenance of a reliable and economical domestic 
     source of enrichment services.''.
       (3) Section 1701(c)(2) of the Atomic Energy Act of 1954 (42 
     U.S.C. 2297f(c)(2)) is amended to read as follows:
       ``(2) Periodic application for certificate of compliance.--
     The Corporation shall apply to the Nuclear Regulatory 
     Commission for a certificate of compliance under paragraph 
     (1) periodically, as determined by the Commission, but not 
     less than every 5 years. The Commission shall review any such 
     application and any determination made under subsection 
     (b)(2) shall be based on the results of any such review.''.
       (4) Section 1702(a) of the Atomic Energy Act of 1954 (42 
     U.S.C. 2297f-1(a)) is amended--
       (1) by striking ``other than'' and inserting ``including'', 
     and
       (2) by striking ``sections 53 and 63'' and inserting 
     ``sections 53, 63, and 193''.
       (c) Judicial Review of NRC Actions.--Section 189b. of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2239(b)) is amended to 
     read as follows:

[[Page S2534]]

       ``b. The following Commission actions shall be subject to 
     judicial review in the manner prescribed in chapter 158 of 
     title 28, United States Code, and chapter 7 of title 5, 
     United States Code:
       ``(1) Any final order entered in any proceeding of the kind 
     specified in subsection (a).
       ``(2) Any final order allowing or prohibiting a facility to 
     begin operating under a combined construction and operating 
     license.
       ``(3) Any final order establishing by regulation standards 
     to govern the Department of Energy's gaseous diffusion 
     uranium enrichment plants, including any such facilities 
     leased to a corporation established under the USEC 
     Privatization Act.
       ``(4) Any final determination under section 1701(c) 
     relating to whether the gaseous diffusion plants, including 
     any such facilities leased to a corporation established under 
     the USEC Privatization Act, are in compliance with the 
     Commission's standards governing the gaseous diffusion plants 
     and all applicable laws.''.
       (d) Civil Penalties.--Section 234 a. of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2282(a) is amended by--
       (1) striking ``any licensing provision of section 53, 57, 
     62, 63, 81, 82, 101, 103, 104, 107, or 109'' and inserting: 
     ``any licensing or certification provision of section 53, 57, 
     62, 63, 81, 82, 101, 103, 104, 107, 109, or 1701''; and
       (2) by striking ``any license issued thereunder'' and 
     inserting: ``any license or certification issued 
     thereunder''.
       (e) References to the Corporation.--Following the 
     privatization date, all references in the Atomic Energy Act 
     of 1954 to the United States Enrichment Corporation shall be 
     deemed to be references to the private corporation.

     SEC. 417. AMENDMENTS TO OTHER LAWS.

       (a) Definition of Government Corporation.--As of the 
     privatization date, section 9101(3) of title 31, United 
     States Code, is amended by striking subparagraph (N) as added 
     by section 902(b) of Public Law 102-486.
       (b) Definition of the Corporation.--Section 1018(1) of the 
     Energy Policy Act of 1992 (42 U.S.C. 2296b-7(1) is amended by 
     inserting ``or its successor'' before the period.

               Subchapter E--Strategic Petroleum Reserve

     SEC. 431. SALE OF WEEKS ISLAND OIL.

       Notwithstanding section 161 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6241), the Secretary of Energy 
     shall draw down and sell in fiscal year 1996, $292,000,000 
     worth of oil formerly contained in the Weeks Island Strategic 
     Petroleum Reserve.

                               CHAPTER 4

DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
                          INDEPENDENT AGENCIES

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration


                      construction, major projects

       In addition to funds provided elsewhere in this Act, 
     $16,000,000, to remain available until expended: Provided, 
     That notwithstanding any other provision of law, the 
     Secretary of Veterans Affairs is authorized to carry out the 
     design and construction of a medical research addition at the 
     Department of Veterans Affairs Medical Center in Portland, 
     Oregon in the amount of $32,100,000.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs


               Annual Contributions for Assisted Housing

       In addition to funds provided elsewhere in this Act, 
     $200,000,000, to remain available until expended: Provided, 
     That $150,000,000 of such sum shall be available for purposes 
     authorized by section 202 of the Housing Act of 1959, and 
     $50,000,000 shall be available for purposes authorized by 
     section 811 of the Cranston-Gonzalez National Affordable 
     Housing Act: Provided further, That all such sums shall be 
     available only to provide for rental subsidy terms of a 
     longer duration than would otherwise be permitted by this 
     Act.


Public Housing Demolition, Site Revitalization, and Replacement Housing 
                                 Grants

       In addition to funds provided elsewhere in this Act, 
     $120,000,000, to remain available until expended.


         Payments for Operation of Low-Income Housing Projects

       In addition to funds provided elsewhere in this Act, 
     $50,000,000.


     management and administration departmental restructuring fund

       In addition to funds provided elsewhere in this Act, 
     $20,000,000, to remain available until September 30, 1997, to 
     facilitate the down-sizing, streamlining, and restructuring 
     of the Department of Housing and Urban Development, and to 
     reduce overall departmental staffing to 7,500 full-time 
     equivalents in fiscal year 2000: Provided, That such sum 
     shall be available only for personnel training (including 
     travel associated with such training), costs associated with 
     the transfer of personnel from headquarters and regional 
     offices to the field, and for necessary costs to acquire and 
     upgrade information system infrastructure in support of 
     Departmental field staff: Provided further, That not less 
     than 60 days following enactment of this Act, the Secretary 
     shall transmit to the Appropriations Committees of the 
     Congress a report which specifies a plan and schedule for the 
     utilization of these funds for personnel reductions and 
     transfers in order to reduce headquarters on-board staffing 
     levels to 3,100 by December 31, 1996, and 2,900 by October 1, 
     1997: Provided further, That by February 1, 1997 the 
     Secretary shall certify to the Congress that headquarters on-
     board staffing levels did not exceed 3,100 on December 31, 
     1996 and submit a report which details obligations and 
     expenditures of funds made available hereunder: Provided 
     further, That if the certification of headquarters personnel 
     reductions required by this Act is not made by February 1, 
     1997, all remaining unobligated funds available under this 
     paragraph shall be rescinded.


               clarification of block grants in new york

       (a) All funds allocated for the State of New York for 
     fiscal years 1995, 1996, and all subsequent fiscal years, 
     under the HOME investment partnerships program, as authorized 
     under title II of the Cranston-Gonzalez National Affordable 
     Housing Act (Public law 101-625) shall be made available to 
     the Chief Executive Officer of the State, or an entity 
     designated by the Chief Executive Officer, to be used for 
     activities in accordance with the requirements of the HOME 
     investment partnerships program, notwithstanding the 
     Memorandum from the General Counsel of the Department of 
     Housing and Urban Development dated March 5, 1996.
       (b) The Secretary of Housing and Urban Development shall 
     award funds made available for fiscal year 1996 for grants 
     allocated for the State of New York for 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), in accordance with the requirements established 
     under the Notice of Funding Availability for fiscal year 1995 
     for the New York State Small Cities Community Development 
     Block Grant Program.

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency


                 environmental programs and management

       In addition to funds provided elsewhere in this Act, 
     $12,000,000, to remain available until September 30, 1997.


                        buildings and facilities

       In addition to funds provided elsewhere in this Act, 
     $50,000,000, to remain available until expended: Provided, 
     That notwithstanding any other provision of law, EPA 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.


                   State and Tribal Assistance Grants

       In addition to funds provided elsewhere in this Act, 
     $100,000,000, to remain available until expended, for 
     capitalization grants for State revolving funds to support 
     water infrastructure financing: Provided, That of the funds 
     made available by this paragraph, $50,000,000 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.

             National Aeronautics and Space Administration


                   Space, Aeronautics and Technology

       In addition to funds provided elsewhere in this Act, 
     $83,000,000, to remain available until September 30, 1997.

                      National Science Foundation


                    Research and Related Activities

       In addition to funds provided elsewhere in this Act, 
     $40,000,000, to remain available until September 30, 1997.

                           GENERAL PROVISIONS

       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. No part of any appropriation contained in this 
     title shall be made available for obligation or expenditure, 
     nor any authority granted herein be effective, until the 
     enactment into law of a subsequent Act entitled ``An Act 
     Incorporating an Agreement Between the President and Congress 
     Relative to Federal Expenditures in Fiscal Year 1996 and 
     Future Fiscal Years''.
       Sec. 4003. (a) This section may be cited as the ``Federal 
     Prohibition of Female Genital Mutilation Act of 1996''.
       (b) Congress finds that--
       (1) the practice of female genital mutilation is carried 
     out by members of certain cultural and religious groups 
     within the United States;
       (2) the practice of female genital mutilation often results 
     in the occurrence of physical and psychological health 
     effects that harm the women involved;
       (3) such mutilation infringes upon the guarantees of rights 
     secured by Federal and State law, both statutory and 
     constitutional;
       (4) the unique circumstances surrounding the practice of 
     female genital mutilation place it beyond the ability of any 
     single State or local jurisdiction to control;
       (5) the practice of female genital mutilation can be 
     prohibited without abridging the exercise of any rights 
     guaranteed under the First Amendment to the Constitution or 
     under any other law; and
       (6) Congress has the affirmative power under section 8 of 
     article I of the Constitution, as well as under section 5 of 
     the Fourteenth Amendment to the Constitution, to enact such 
     legislation.
       (c) It is the purpose of this section to protect and 
     promote the public safety and health and activities affecting 
     interstate commerce by establishing Federal criminal 
     penalties for the performance of female genital mutilation.
       (d)(1) Chapter 7 of title 18, United States Code, is 
     amended by adding at the end the following new section:

     ``Sec. 116. Female genital mutilation

       ``(a) Except as provided in subsection (b), whoever 
     knowingly circumcises, excises, or infibulates the whole or 
     any part of the labia majora or labia minora or clitoris of 
     another

[[Page S2535]]

     person who has not attained the age of 18 years shall be 
     fined under this title or imprisoned not more than 5 years, 
     or both.
       ``(b) A surgical operation is not a violation of this 
     section if the operation is--
       ``(1) necessary to the health of the person on whom it is 
     performed, and is performed by a person licensed in the place 
     of its performance as a medical practitioner; or
       ``(2) performed on a person in labor or who has just given 
     birth and is performed for medical purposes connected with 
     that labor or birth by a person licensed in the place it is 
     performed as a medical practitioner, midwife, or person in 
     training to become such a practitioner or midwife.
       ``(c) In applying subsection (b)(1), no account shall be 
     taken of the effect on the person on whom the operation is to 
     be performed of any belief on the part of that or any other 
     person that the operation is required as a matter of custom 
     or ritual.
       ``(d) Whoever knowingly denies to any person medical care 
     or services or otherwise discriminates against any person in 
     the provision of medical care or services, because--
       ``(1) that person has undergone female circumcision, 
     excision, or infibulation; or
       ``(2) that person has requested that female circumcision, 
     excision, or infibulation be performed on any person;

     shall be fined under this title or imprisoned not more than 
     one year, or both.''.
       (2) The table of sections at the beginning of chapter 7 of 
     title 18, United States Code, is amended by adding at the end 
     the following new item:

``116. Female genital mutilation.''.

       (e)(1) The Secretary of Health and Human Services shall do 
     the following:
       (A) Compile data on the number of females living in the 
     United States who have been subjected to female genital 
     mutilation (whether in the United States or in their 
     countries of origin), including a specification of the number 
     of girls under the age of 18 who have been subjected to such 
     mutilation.
       (B) Identify communities in the United States that practice 
     female genital mutilation, and design and carry out outreach 
     activities to educate individuals in the communities on the 
     physical and psychological health effects of such practice. 
     Such outreach activities shall be designed and implemented in 
     collaboration with representatives of the ethnic groups 
     practicing such mutilation and with representatives of 
     organizations with expertise in preventing such practice.
       (C) Develop recommendations for the education of students 
     of schools of medicine and osteopathic medicine regarding 
     female genital mutilation and complications arising from such 
     mutilation. Such recommendations shall be disseminated to 
     such schools.
       (2) For purposes of this subsection, the term ``female 
     genital mutilation'' means the removal or infibulation (or 
     both) of the whole or part of the clitoris, the labia minor, 
     or the labia major.
       (f) Subsection (e) shall take effect on the date of 
     enactment of this Act, and the Secretary of Health and Human 
     Services shall commence carrying out such section not later 
     than 90 days after the date of the enactment of this Act. 
     Subsection (d) shall take effect on the date that is 180 days 
     after the date of the enactment of this Act.
       This title may be cited as the ``Contingency Appropriations 
     Act, 1996''.

                   TITLE V--ENVIRONMENTAL INITIATIVES

   CHAPTER 1--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN 
                 DEVELOPMENT, AND INDEPENDENT AGENCIES

                           Independent Agency


                    environmental protection agency

                 Environmental Programs and Management

       In addition to funds provided elsewhere in this Act, 
     $75,000,000, to remain available until September 30, 1997.


                        Buildings and Facilities

       In addition to funds provided elsewhere in this Act, 
     $50,000,000, to remain available until expended, for the 
     construction of a consolidated research facility at Research 
     Triangle Park, North Carolina: Provided, That pursuant to the 
     provisions of section 7(a) of the Public Buildings Act of 
     1959 (40 U.S.C. 606(a)), that no funds shall be made 
     available for construction of such project prior to April 19, 
     1996, unless such project is approved by resolutions of the 
     Senate Committee on Environment and Public Works and the 
     House Committee on Transportation and Infrastructure, 
     respectively: Provided further, That in no case shall funds 
     be made available for construction of such project if prior 
     to April 19, 1996, the project has been disapproved by either 
     the Senate Committee on Environment and Public Works or the 
     House Committee on Transportation and Infrastructure: 
     Provided further, That notwithstanding any other provision of 
     this Act, the paragraph under this heading in chapter 4 of 
     title IV of this Act shall not become effective.


                   State and Tribal Assistance Grants

       In addition to funds provided elsewhere in this Act, 
     $200,000,000, to remain available until expended, for 
     capitalization grants for State revolving funds to support 
     water infrastructure financing: Provided, That of the funds 
     made available by this paragraph, $125,000,000 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.


                     Hazardous Substance Superfund

       In addition to funds provided elsewhere in this Act, 
     $50,000,000, to remain available until expended.

                           General Provisions

       Sec. 5001. Notwithstanding any other provision of this Act, 
     amounts provided in title IV of this Act for the 
     Environmental Protection Agency, with the exception of 
     amounts appropriated under the heading ``buildings and 
     facilities'', shall become available immediately upon 
     enactment of this Act.

             Corporation for National and Community Service


                National and Community Service Programs

                           Operating Expenses

                     (Including Transfer of Funds)

       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.), 
     $400,500,000, of which $265,000,000 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. 12671(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 
     $215,000,000 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.) (relating to activities including the 
     Americorps program), of which not more than $40,000,000 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)): Provided further, That not more 
     than $5,500,000 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 no 
     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 ensure 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 
     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 (41 U.S.C. 
     12521 et seq.): Provided further, That not more than 
     $30,000,000 shall be available for quality and innovation 
     activities authorized under subtitle H of title I of the Act 
     (42 U.S.C. 12853 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 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: Provided further, That prior to September 30, 1996, 
     the General Accounting Office shall report to the Congress 
     the results of a study of State commission programs which 
     evaluates the cost per participant, the commissions' ability 
     to oversee the programs, and other relevant considerations: 
     Provided further, That the matter under this heading in title 
     I of this Act shall not be effective.


                           Sense of Congress

       It is the sense of the Congress that accounting for 
     taxpayers' funds must be a top priority for all Federal 
     agencies and Government corporations. The Congress is deeply 
     concerned about the findings of the recent audit of the 
     Corporation for National and Community Service required under 
     the Government Corporation Control Act of 1945. The Congress 
     urges the President to expeditiously nominate a qualified 
     Chief Financial Officer for the Corporation. Further, to the 
     maximum extent practicable and as quickly as possible, the 
     Corporation should implement the recommendations of the 
     independent auditors contracted for by the Corporation's 
     Inspector General, as well as the Chief Financial Officer, to 
     improve the financial management of

[[Page S2536]]

     taxpayers' funds. Should the Chief Financial Officer 
     determine that additional resources are needed to implement 
     these recommendations, the Corporation should submit a 
     reprogramming proposal for up to $3,000,000 to carry out 
     reforms of the financial management system.


                           Funding Adjustment

       The total amount appropriated under the heading 
     ``Department of Housing and Urban Development, Housing 
     Programs, Annual contribution for assisted housing'', in 
     title I of this Act is reduced by $17,000,000, and the amount 
     otherwise made available under said heading for section 8 
     assistance and rehabilitation grants for property disposition 
     is reduced to $192,000,000.

                      CHAPTER 2--SPENDING OFFSETS

                     Subchapter A--Debt Collection

     SEC. 5101. SHORT TITLE.

       This subchapter may be cited as the ``Debt Collection 
     Improvement Act of 1996''.

     SEC. 5102. EFFECTIVE DATE.

       Except as otherwise provided in this subchapter, the 
     provisions of this subchapter and the amendments made by this 
     subchapter shall be effective on the date of enactment of 
     this Act.

              PART I--GENERAL DEBT COLLECTION INITIATIVES

                  Subpart A--General Offset Authority

     SEC. 5201. ENHANCEMENT OF ADMINISTRATIVE OFFSET AUTHORITY.

       (a) Section 3701(c) of title 31, United States Code, is 
     amended to read as follows:
       ``(c) In sections 3716 and 3717 of this title, the term 
     `person' does not include an agency of the United States 
     Government, or of a unit of general local government.''.
       (b) Section 3716 of title 31, United States Code, is 
     amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Before collecting a claim by administrative offset, 
     the head of an executive, legislative, or judicial agency 
     must either--
       ``(1) adopt regulations on collecting by administrative 
     offset promulgated by the Department of Justice, the General 
     Accounting Office and/or the Department of the Treasury 
     without change; or
       ``(2) prescribe independent regulations on collecting by 
     administrative offset consistent with the regulations 
     promulgated under paragraph (1).'';
       (2) by amending subsection (c)(2) to read as follows:
       ``(2) when a statute explicitly prohibits using 
     administrative `offset' or `setoff' to collect the claim or 
     type of claim involved.'';
       (3) by redesignating subsection (c) as subsection (d); and
       (4) by inserting after subsection (b) the following new 
     subsection:
       ``(c)(1)(A) Except as provided in subparagraph (B) or (C), 
     a disbursing official of the Department of the Treasury, the 
     Department of Defense, the United States Postal Service, or 
     any disbursing official of the United States designated by 
     the Secretary of the Treasury, is authorized to offset the 
     amount of a payment which a payment certifying agency has 
     certified to the disbursing official for disbursement by an 
     amount equal to the amount of a claim which a creditor agency 
     has certified to the Secretary of the Treasury pursuant to 
     this subsection.
       ``(B) An agency that designates disbursing officials 
     pursuant to section 3321(c) of this title is not required to 
     certify claims arising out of its operations to the Secretary 
     of the Treasury before such agency's disbursing officials 
     offset such claims.
       ``(C) Payments certified by the Department of Education 
     under a program administered by the Secretary of Education 
     under title IV of the Higher Education Act of 1965, as 
     amended, shall not be subject to offset under this 
     subsection.
       ``(2) Neither the disbursing official nor the payment 
     certifying agency shall be liable--
       ``(A) for the amount of the offset on the basis that the 
     underlying obligation, represented by the payment before the 
     offset was taken, was not satisfied; or
       ``(B) for failure to provide timely notice under paragraph 
     (8).
       ``(3)(A) Notwithstanding any other provision of law 
     (including sections 207 and 1631(d)(1) of the Act of August 
     14, 1935 (42 U.S.C. 407 and 1383(d)(1)), section 413(b) of 
     Public Law 91-173 (30 U.S.C. 923(b)), and section 14 of the 
     Act of August 29, 1935 (45 U.S.C. 231m)), all payments due 
     under the Social Security Act, Part B of the Black Lung 
     Benefits Act, or under any law administered by the Railroad 
     Retirement Board shall be subject to offset under this 
     section.
       ``(B) An amount of $10,000 which a debtor may receive under 
     Federal benefit programs cited under subparagraph (A) within 
     a 12-month period shall be exempt from offset under this 
     subsection. In applying the $10,000 exemption, the disbursing 
     official shall--
       ``(i) apply a prorated amount of the exemption to each 
     periodic benefit payment to be made to the debtor during the 
     applicable 12-month period; and
       ``(ii) consider all benefit payments made during the 
     applicable 12-month period which are exempt from offset under 
     this subsection as part of the $10,000 exemption.

     For purposes of the preceding sentence, the amount of a 
     periodic benefit payment shall be the amount after any 
     reduction or deduction required under the laws authorizing 
     the program under which such payment is authorized to be made 
     (including any reduction or deduction to recover any 
     overpayment under such program).
       ``(C) The Secretary of the Treasury shall exempt means-
     tested programs when notified by the head of the respective 
     agency. The Secretary may exempt other payments from offset 
     under this subsection upon the written request of the head of 
     a payment certifying agency. A written request for exemption 
     of other payments must provide justification for the 
     exemption under thestandards prescribed by the Secretary. 
     Such standards shall give due consideration to whether offset 
     would tend to interfere substantially with or defeat the 
     purposes of the payment certifying agency's program.
       ``(D) The provisions of sections 205(b)(1) and 1631(c)(1) 
     of the Social Security Act shall not apply to any offset 
     executed pursuant to this section against benefits authorized 
     by either title II or title XVI of the Social Security Act.
       ``(4) The Secretary of the Treasury is authorized to charge 
     a fee sufficient to cover the full cost of implementing this 
     subsection. The fee may be collected either by the retention 
     of a portion of amounts collected pursuant to this 
     subsection, or by billing the agency referring or 
     transferring the claim. Fees charged to the agencies shall be 
     based only on actual offsets completed. Fees charged under 
     this subsection concerning delinquent claims may be 
     considered as costs pursuant to section 3717(e) of this 
     title. Fees charged under this subsection shall be deposited 
     into the `Account' determined by the Secretary of the 
     Treasury in accordance with section 3711(g) of this title, 
     and shall be collected and accounted for in accordance with 
     the provisions of that section.
       ``(5) The Secretary of the Treasury may disclose to a 
     creditor agency the current address of any payee and any data 
     related to certifying and authorizing such payment in 
     accordance with section 552a of title 5, United States Code, 
     even when the payment has been exempt from offset. Where 
     payments are made electronically, the Secretary is authorized 
     to obtain the current address of the debtor/payee from the 
     institution receiving the payment. Upon request by the 
     Secretary, the institution receiving the payment shall report 
     the current address of the debtor/payee to the Secretary.
       ``(6) The Secretary of the Treasury is authorized to 
     prescribe such rules, regulations, and procedures as the 
     Secretary of the Treasury deems necessary to carry out the 
     purposes of this subsection. The Secretary shall consult with 
     the heads of affected agencies in the development of such 
     rules, regulations, and procedures.
       ``(7)(A) Any Federal agency that is owed by a named person 
     a past-due legally enforceable non-tax debt that is over 180 
     days delinquent (other than any past-due support), including 
     non-tax debt administered by a third party acting as an agent 
     for the Federal Government, shall notify the Secretary of the 
     Treasury of all such non-tax debts for purposes of offset 
     under this subsection.
       ``(B) An agency may delay notification under subparagraph 
     (A) with respect to a debt that is secured by bond or other 
     instruments in lieu of bond, or for which there is another 
     specific repayment source, in order to allow sufficient time 
     to either collect the debt through normal collection 
     processes (including collection by internal administrative 
     offset) or render a final decision on any protest filed 
     against the claim.
       ``(8) The disbursing official conducting the offset shall 
     notify the payee in writing of--
       ``(A) the occurrence of an offset to satisfy a past-due 
     legally enforceable debt, including a description of the type 
     and amount of the payment otherwise payable to the debtor 
     against which the offset was executed;
       ``(B) the identity of the creditor agency requesting the 
     offset; and
       ``(C) a contact point within the creditor agency that will 
     handle concerns regarding the offset.''.

     Where the payment to be offset is a periodic benefit payment, 
     the disbursing official shall take reasonable steps, as 
     determined by the Secretary of the Treasury, to provide the 
     notice to the payee not later than the date on which the 
     payee is otherwise scheduled to receive the payment, or as 
     soon as practical thereafter, but no later than the date of 
     the offset. Notwithstanding the preceding sentence, the 
     failure of the debtor to receive such notice shall not impair 
     the legality of such offset.
       ``(9) A levy pursuant to the Internal Revenue Code of 1986 
     shall take precedence over requests for offset received from 
     other agencies.''.
       (c) Section 3701(a) of title 31, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(8) `non-tax claim' means any claim from any agency of 
     the Federal Government other than a claim by the Internal 
     Revenue Service under the Internal Revenue Code of 1986.''.

     SEC. 5202. HOUSE OF REPRESENTATIVES AS LEGISLATIVE AGENCY.

       (a) Section 3701 of title 31, United States Code, is 
     amended by adding at the end the following new subsections:
       ``(e) For purposes of subchapters I and II of chapter 37 of 
     title 31, United States Code (relating to claims of or 
     against United States Government), the United States House of 
     Representatives shall be considered to be a legislative 
     agency (as defined in section 3701(a)(4) of such title), and 
     the Clerk of the House of Representatives shall be deemed to 
     be the head of such legislative agency.
       ``(f) Regulations prescribed by the Clerk of the House of 
     Representatives pursuant to section 3716 of title 31, United 
     States Code, shall not become effective until they are 
     approved by the Committee on Rules of the House of 
     Representatives.''.

     SEC. 5203. EXEMPTION FROM COMPUTER MATCHING REQUIREMENTS 
                   UNDER THE PRIVACY ACT OF 1974.

       Section 552a(a) of title 5, United States Code, is amended 
     in paragraph (8)(B)--
       (1) by striking ``or'' at the end of clause (vi);
       (2) by inserting ``or'' at the end of clause (vii); and
       (3) by adding after clause (vii) the following new clause:
       ``(viii) matches for administrative offset or claims 
     collection pursuant to subsection 3716(c)

[[Page S2537]]

     of title 31, section 5514 of this title, or any other payment 
     intercept or offset program authorized by statute;''.

     SEC. 5204. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Title 31, United States Code, is amended--
       (1) in section 3322(a), by inserting ``section 3716 and 
     section 3720A of this title, section 6331 of title 26, and'' 
     after ``Except as provided in'';
       (2) in section 3325(a)(3), by inserting ``or pursuant to 
     payment intercepts or offsets pursuant to section 3716 or 
     3720A, or pursuant to levies executed under section 6331 of 
     the Internal Revenue Code of 1986 (26 U.S.C. 6331),'' after 
     ``voucher''; and
       (3) in sections 3711, 3716, 3717, and 3718, by striking 
     ``the head of an executive or legislative agency'' each place 
     it appears and inserting instead ``the head of an executive, 
     judicial, or legislative agency''.
       (b) Subsection 6103(l)(10) of title 26, United States Code, 
     is amended--
       (1) in subparagraph (A), by inserting ``and to officers and 
     employees of the Department of the Treasury in connection 
     with such reduction'' adding after ``6402''; and
       (2) in subparagraph (B), by adding ``and to officers and 
     employees of the Department of the Treasury in connection 
     with such reduction'' after ``agency''.

                   Subpart B--Salary Offset Authority

     SEC. 5221. ENHANCEMENT OF SALARY OFFSET AUTHORITY.

       Section 5514 of title 5, United States Code, is amended--
       (1) in subsection (a)--
       (A) by adding at the end of paragraph (1) the following: 
     ``All Federal agencies to which debts are owed and are 
     delinquent in repayment, shall participate in a computer 
     match at least annually of their delinquent debt records with 
     records of Federal employees to identify those employees who 
     are delinquent in repayment of those debts. Matched Federal 
     employee records shall include, but shall not be limited to, 
     active Civil Service employees government-wide, military 
     active duty personnel, military reservists, United States 
     Postal Service employees, and records of seasonal and 
     temporary employees. The Secretary of the Treasury shall 
     establish and maintain an interagency consortium to implement 
     centralized salary offset computer matching, and promulgate 
     regulations for this program. Agencies that perform 
     centralized salary offset computer matching services under 
     this subsection are authorized to charge a fee sufficient to 
     cover the full cost for such services.'';
       (B) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively;
       (C) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) The provisions of paragraph (2) shall not apply to 
     routine intra-agency adjustments of pay that are attributable 
     to clerical or administrative errors or delays in processing 
     pay documents that have occurred within the four pay periods 
     preceding the adjustment and to any adjustment that amounts 
     to $50 or less, provided that at the time of such adjustment, 
     or as soon thereafter as practical, the individual is 
     provided written notice of the nature and the amount of the 
     adjustment and a point of contact for contesting such 
     adjustment.''; and
       (D) by amending paragraph (5)(B) (as redesignated) to read 
     as follows:
       ``(B) For purposes of this section `agency' includes 
     executive departments and agencies, the United States Postal 
     Service, the Postal Rate Commission, the United States 
     Senate, the United States House of Representatives, and any 
     court, court administrative office, or instrumentality in the 
     judicial or legislative branches of government, and 
     government corporations.'';
       (2) by adding at the end of subsection (b) the following 
     new paragraphs:
       ``(3) For purposes of this section, the Clerk of the House 
     of Representatives shall be deemed to be the head of the 
     agency. Regulations prescribed by the Clerk of the House of 
     Representatives pursuant to subsection (b)(1) shall be 
     subject to the approval of the Committee on Rules of the 
     House of Representatives.
       ``(4) For purposes of this section, the Secretary of the 
     Senate shall be deemed to be the head of the agency. 
     Regulations prescribed by the Secretary of the Senate 
     pursuant to subsection (b)(1) shall be subject to the 
     approval of the Committee on Rules and Administration of the 
     Senate.''; and
       (3) by adding after subsection (c) the following new 
     subsection:
       ``(d) A levy pursuant to the Internal Revenue Code of 1986 
     shall take precedence over requests for offset received from 
     other agencies.''.

                Subpart C--Taxpayer Identifying Numbers

     SEC. 5231. ACCESS TO TAXPAYER IDENTIFYING NUMBERS; BARRING 
                   DELINQUENT DEBTORS FROM CREDIT ASSISTANCE.

       Section 4 of the Debt Collection Act of 1982 (Public Law 
     97-365, 96 Stat. 1749, 26 U.S.C. 6103 note) is amended--
       (1) in subsection (b), by striking ``For purposes of this 
     section'' and inserting instead ``For purposes of subsection 
     (a)''; and
       (2) by adding at the end thereof the following new 
     subsections:
       ``(c) Federal Agencies.--Each Federal agency shall require 
     each person doing business with that agency to furnish to 
     that agency such person's taxpayer identifying number.
       ``(1) For purposes of this subsection, a person is 
     considered to be `doing business' with a Federal agency if 
     the person is--
       ``(A) a lender or servicer in a Federal guaranteed or 
     insured loan program;
       ``(B) an applicant for, or recipient of--
       ``(i) a Federal guaranteed, insured, or direct loan; or
       ``(ii) a Federal license, permit, right-of-way, grant, 
     benefit payment or insurance;
       ``(C) a contractor of the agency;
       ``(D) assessed a fine, fee, royalty or penalty by that 
     agency;
       ``(E) in a relationship with a Federal agency that may give 
     rise to a receivable due to that agency, such as a partner of 
     a borrower in or a guarantor of a Federal direct or insured 
     loan; and
       ``(F) is a joint holder of any account to which Federal 
     benefit payments are transferred electronically.
       ``(2) Each agency shall disclose to the person required to 
     furnish a taxpayer identifying number under this subsection 
     its intent to use such number for purposes of collecting and 
     reporting on any delinquent amounts arising out of such 
     persons's relationship with the government.
       ``(3) For purposes of this subsection:
       ``(A) The term `taxpayer identifying number' has the 
     meaning given such term in section 6109 of title 26, United 
     States Code.
       ``(B) The term `person' means an individual, sole 
     proprietorship, partnership, corporation, nonprofit 
     organization, or any other form of business association, but 
     with the exception of debtors owing claims resulting from 
     petroleum pricing violations does not include debtors under 
     third party claims of the United States.
       ``(d) Access to Social Security Numbers.--Notwithstanding 
     section 552a of title 5, United States Code, creditor 
     agencies to which a delinquent claim is owed, and their 
     agents, may match their debtor records with the Social 
     Security Administration records to verify name, name control, 
     Social Security number, address, and date of birth.''.

     SEC. 5232. BARRING DELINQUENT FEDERAL DEBTORS FROM OBTAINING 
                   FEDERAL LOANS OR LOAN GUARANTEES.

       (a) Title 31, United States Code, is amended by adding 
     after section 3720A the following new section:

     ``Sec. 3720B. Barring delinquent Federal debtors from 
       obtaining Federal loans or loan guarantees

       ``(a) Unless waived by the head of the agency, no person 
     may obtain any Federal financial assistance in the form of a 
     loan or a loan guarantee if such person has an outstanding 
     Federal non-tax debt which is in a delinquent status, as 
     determined under the standards prescribed by the Secretary of 
     the Treasury, with a Federal agency. Any such person may 
     obtain additional Federal financial assistance only after 
     such delinquency is resolved, pursuant to these standards. 
     This section shall not apply to loans or loan guarantees 
     where a statute specifically permits extension of Federal 
     financial assistance to borrowers in delinquent status.
       ``(b) The head of the agency may delegate the waiver 
     authority described in subsection (a) to the Chief Financial 
     Officer of the agency. The waiver authority may be 
     redelegated only to the Deputy Chief Financial Officer of the 
     agency.
       ``(c) For purposes of this section, `person' means an 
     individual; or sole proprietorship, partnership, corporation, 
     non-profit organization, or any other form of business 
     association.''.
       (b) The table of sections for subchapter II of chapter 37 
     of title 31, United States Code, is amended by inserting 
     after the item relating to section 3720A the following new 
     item:

``3720B. Barring delinquent Federal debtors from obtaining Federal 
              loans or loan guarantees.''.

 Subpart D--Expanding Collection Authorities and Governmentwide Cross-
                               Servicing

     SEC. 5241. EXPANDING COLLECTION AUTHORITIES UNDER THE DEBT 
                   COLLECTION ACT OF 1982.

       (a) Subsection 8(e) of the Debt Collection Act of 1982 
     (Public Law 97-365, 31 U.S.C. 3701(d) and 5 U.S.C. 5514 note) 
     is repealed.
       (b) Section 5 of the Social Security Domestic Employment 
     Reform Act of 1994 (Public Law 103-387) is repealed.
       (c) Section 631 of the Tariff Act of 1930 (19 U.S.C. 1631), 
     is repealed.
       (d) Title 31, United States Code, is amended--
       (1) in section 3701--
       (A) by amending subsection (a)(4) to read as follows:
       ``(4) `executive, judicial or legislative agency' means a 
     department, military department, agency, court, court 
     administrative office, or instrumentality in the executive, 
     judicial or legislative branches of government, including 
     government corporations.''; and
       (B) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Sections 3711(f) and 3716-3719 of this title do not 
     apply to a claim or debt under, or to an amount payable 
     under, the Internal Revenue Code of 1986.'';
       (2) by amending section 3711(f) to read as follows:
       ``(f)(1) When trying to collect a claim of the Government, 
     the head of an executive or legislative agency may disclose 
     to a consumer reporting agency information from a system of 
     records that an individual is responsible for a claim if 
     notice required by section 552a(e)(4) of title 5, United 
     States Code, indicates that information in the system may be 
     disclosed to a consumer reporting agency.
       ``(2) The information disclosed to a consumer reporting 
     agency shall be limited to--
       ``(A) information necessary to establish the identity of 
     the individual, including name, address and taxpayer 
     identifying number;
       ``(B) the amount, status, and history of the claim; and
       ``(C) the agency or program under which the claim arose.''; 
     and
       (3) in section 3718--
       (A) in subsection (a), by striking the first sentence and 
     inserting instead the following: ``Under conditions the head 
     of an executive, legislative or judicial agency considers 
     appropriate,

[[Page S2538]]

     the head of an agency may make a contract with a person for 
     collection service to recover indebtedness owed, or to locate 
     or recover assets of, the United States Government. No head 
     of an agency may enter into a contract to locate or recover 
     assets of the United States held by a State government or 
     financial institution unless that agency has established 
     procedures approved by the Secretary of the Treasury to 
     identify and recover such assets.''; and
       (B) in subsection (d), by inserting ``, or to locate or 
     recover assets of,'' after ``owed''.

     SEC. 5242. GOVERNMENTWIDE CROSS-SERVICING.

       Section 3711 of title 31, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(g)(1) At the discretion of the head of an executive, 
     judicial or legislative agency, referral of a non-tax claim 
     may be made to any executive department or agency operating a 
     debt collection center for servicing and collection in 
     accordance with an agreement entered into under paragraph 
     (2). Referral or transfer of a claim may also be made to the 
     Secretary of the Treasury for servicing, collection, 
     compromise, and/or suspension or termination of collection 
     action. Non-tax claims referred or transferred under this 
     section shall be serviced, collected, compromised, and/or 
     collection action suspended or terminated in accordance with 
     existing statutory requirements and authorities.
       ``(2) Executive departments and agencies operating debt 
     collection centers are authorized to enter into agreements 
     with the heads of executive, judicial, or legislative 
     agencies to service and/or collect non-tax claims referred or 
     transferred under this subsection. The heads of other 
     executive departments and agencies are authorized to enter 
     into agreements with the Secretary of the Treasury for 
     servicing or collection of referred or transferred non-tax 
     claims or other Federal agencies operating debt collection 
     centers to obtain debt collection services from those 
     agencies.
       ``(3) Any agency to which non-tax claims are referred or 
     transferred under this subsection is authorized to charge a 
     fee sufficient to cover the full cost of implementing this 
     subsection. The agency transferring or referring the non-tax 
     claim shall be charged the fee, and the agency charging the 
     fee shall collect such fee by retaining the amount of the fee 
     from amounts collected pursuant to this subsection. Agencies 
     may agree to pay through a different method, or to fund the 
     activity from another account or from revenue received from 
     Section 701. Amounts charged under this subsection concerning 
     delinquent claims may be considered as costs pursuant to 
     section 3717(e) of this title.
       ``(4) Notwithstanding any other law concerning the 
     depositing and collection of Federal payments, including 
     section 3302(b) of this title, agencies collecting fees may 
     retain the fees from amounts collected. Any fee charged 
     pursuant to this subsection shall be deposited into an 
     account to be determined by the executive department or 
     agency operating the debt collection center charging the fee 
     (hereafter referred to in this section as the `Account'). 
     Amounts deposited in the Account shall be available until 
     expended to cover costs associated with the implementation 
     and operation of government-wide debt collection activities. 
     Costs properly chargeable to the Account include, but are not 
     limited to--
       ``(A) the costs of computer hardware and software, word 
     processing and telecommunications equipment, other equipment, 
     supplies, and furniture;
       ``(B) personnel training and travel costs;
       ``(C) other personnel and administrative costs;
       ``(D) the costs of any contract for identification, 
     billing, or collection services; and
       ``(E) reasonable costs incurred by the Secretary of the 
     Treasury, including but not limited to, services and 
     utilities provided by the Secretary, and administration of 
     the Account.
       ``(5) Not later than January 1 of each year, there shall be 
     deposited into the Treasury as miscellaneous receipts, an 
     amount equal to the amount of unobligated balances remaining 
     in the Account at the close of business on September 30 of 
     the preceding year minus any part of such balance that the 
     executive department or agency operating the debt collection 
     center determines is necessary to cover or defray the costs 
     under this subsection for the fiscal year in which the 
     deposit is made.
       ``(6)(A) The head of an executive, legislative, or judicial 
     agency shall transfer to the Secretary of the Treasury all 
     non-tax claims over 180 days delinquent for additional 
     collection action and/or closeout. A taxpayer identification 
     number shall be included with each claim provided if it is in 
     the agency's possession.
       ``(B) Subparagraph (A) shall not apply--
       ``(i) to claims that--
       ``(I) are in litigation or foreclosure;
       ``(II) will be disposed of under the loan sales program of 
     a Federal department or agency;
       ``(III) have been referred to a private collection 
     contractor for collection;
       ``(IV) are being collected under internal offset 
     procedures;
       ``(V) have been referred to the Department of the Treasury, 
     the Department of Defense, the United States Postal Service, 
     or a disbursing official of the United States designated by 
     the Secretary of the Treasury for administrative offset;
       ``(VI) have been retained by an executive agency in a debt 
     collection center; or
       ``(VII) have been referred to another agency for 
     collection;
       ``(ii) to claims which may be collected after the 180-day 
     period in accordance with specific statutory authority or 
     procedural guidelines, provided that the head of an 
     executive, legislative, or judicial agency provides notice of 
     such claims to the Secretary of the Treasury; and
       ``(iii) to other specific class of claims as determined by 
     the Secretary of the Treasury at the request of the head of 
     an agency or otherwise.
       ``(C) The head of an executive, legislative, or judicial 
     agency shall transfer to the Secretary of the Treasury all 
     non-tax claims on which the agency has ceased collection 
     activity. The Secretary may exempt specific classes of claims 
     from this requirement, at the request of the head of an 
     agency, or otherwise. The Secretary shall review transferred 
     claims to determine if additional collection action is 
     warranted. The Secretary may, in accordance with section 
     6050P of title 26, United States Code, report to the Internal 
     Revenue Service on behalf of the creditor agency any claims 
     that have been discharged within the meaning of such section.
       ``(7) At the end of each calendar year, the head of an 
     executive, legislative, or judicial agency which, regarding a 
     claim owed to the agency, is required to report a discharge 
     of indebtedness as income under the 6050P of title 26, United 
     States Code, shall either complete the appropriate form 1099 
     or submit to the Secretary of the Treasury such information 
     as is necessary for the Secretary of the Treasury to complete 
     the appropriate form 1099. The Secretary of the Treasury 
     shall incorporate this information into the appropriate form 
     and submit the information to the taxpayer and Internal 
     Revenue Service.
       ``(8) To carry out the purposes of this subsection, the 
     Secretary of the Treasury is authorized--
       ``(A) to prescribe such rules, regulations, and procedures 
     as the Secretary deems necessary; and
       ``(B) to designate debt collection centers operated by 
     other Federal agencies.''.

     SEC. 5243. COMPROMISE OF CLAIMS.

       (a) Section 3711(a)(2) of title 31, United States Code, is 
     amended by striking out ``$20,000 (excluding interest)'' and 
     inserting in lieu thereof ``$100,000 (excluding interest) or 
     such higher amount as the Attorney General may from time to 
     time prescribe.
       (b) This section shall be effective as of October 1, 1995.

              Subpart E--Federal Civil Monetary Penalties

     SEC. 5251. ADJUSTING FEDERAL CIVIL MONETARY PENALTIES FOR 
                   INFLATION.

       (a) The Federal Civil Penalties Inflation Adjustment Act of 
     1990 (Public Law 101-410, 104 Stat. 890; 28 U.S.C. 2461 note) 
     is amended--
       (1) by amending section 4 to read as follows:
       ``Sec. 4. The head of each agency shall, not later than 180 
     days after the date of enactment of the Debt Collection 
     Improvement Act of 1996, and at least once every 4 years 
     thereafter, by regulation adjust each civil monetary penalty 
     provided by law within the jurisdiction of the Federal 
     agency, except for any penalty under title 26, United States 
     Code, by the inflation adjustment described under section 5 
     of this Act and publish each such regulation in the Federal 
     Register.'';
       (2) in section 5(a), by striking ``The adjustment described 
     under paragraphs (4) and (5)(A) of section 4'' and inserting 
     ``The inflation adjustment''; and
       (3) by adding at the end the following new section:
       ``Sec. 7. Any increase to a civil monetary penalty 
     resulting from this Act shall apply only to violations which 
     occur after the date any such increase takes effect.''.
       (b) The initial adjustment of a civil monetary penalty made 
     pursuant to section 4 of Federal Civil Penalties Inflation 
     Adjustment Act of 1990 (as amended by subsection (a)) may not 
     exceed 10 percent of such penalty.

                        Subpart F--Gain Sharing

     SEC. 5261. DEBT COLLECTION IMPROVEMENT ACCOUNT.

       (a) Title 31, United States Code, is amended by inserting 
     after section 3720B the following new section:

     ``Sec. 3720C. Debt Collection Improvement Account

       ``(a)(1) There is hereby established in the Treasury a 
     special fund to be known as the `Debt Collection Improvement 
     Account' (hereinafter referred to as the `Account').
       ``(2) The Account shall be maintained and managed by the 
     Secretary of the Treasury, who shall ensure that programs are 
     credited with the amounts described in subsection (b) and 
     with allocations described in subsection (c).
       ``(b)(1) Not later than 30 days after the end of a fiscal 
     year, an agency other than the Department of Justice is 
     authorized to transfer to the Account a dividend not to 
     exceed five percent of the debt collection improvement amount 
     as described in paragraph (3).
       ``(2) Agency transfers to the Account may include 
     collections from--
       ``(A) salary, administrative and tax referral offsets;
       ``(B) automated levy authority;
       ``(C) the Department of Justice; and
       ``(D) private collection agencies.
       ``(3) For purposes of this section, the term `debt 
     collection improvement amount' means the amount by which the 
     collection of delinquent debt with respect to a particular 
     program during a fiscal year exceeds the delinquent debt 
     baseline for such program for such fiscal year. The Office of 
     Management and Budget shall determine the baseline from which 
     increased collections are measured over the prior fiscal 
     year, taking into account the recommendations made by the 
     Secretary of the Treasury in consultation with creditor 
     agencies.
       ``(c)(1) The Secretary of the Treasury is authorized to 
     make payments from the Account solely to reimburse agencies 
     for qualified expenses. For agencies with franchise funds, 
     payments may be credited to subaccounts designated for debt 
     collection.
       ``(2) For purposes of this paragraph, the term `qualified 
     expenses' means expenditures for the improvement of tax 
     administration and agency

[[Page S2539]]

     debt collection and debt recovery activities including, but 
     not limited to, account servicing (including cross-servicing 
     under section 502 of the Debt Collection Improvement Act of 
     1996), automatic data processing equipment acquisitions, 
     delinquent debt collection, measures to minimize delinquent 
     debt, asset disposition, and training of personnel involved 
     in credit and debt management.
       ``(3) Payments made to agencies pursuant to paragraph (1) 
     shall be in proportion to their contributions to the Account.
       ``(4)(A) Amounts in the Account shall be available to the 
     Secretary of the Treasury to the extent and in the amounts 
     provided in advance in appropriation Acts, for purposes of 
     this section. Such amounts are authorized to be appropriated 
     without fiscal year limitation.
       ``(B) As soon as practicable after the end of third fiscal 
     year after which appropriations are made pursuant to this 
     section, and every 3 years thereafter, any unappropriated 
     balance in the account as determined by the Secretary of the 
     Treasury in consultation with agencies, shall be transferred 
     to the Treasury general fund as miscellaneous receipts.
       ``(d) For direct loan and loan guarantee programs subject 
     to title V of the Congressional Budget Act of 1974, amounts 
     credited in accordance with subsection (c) shall be 
     considered administrative costs and shall not be included in 
     the estimated payments to the Government for the purpose of 
     calculating the cost of such programs.
       ``(e) The Secretary of the Treasury shall prescribe such 
     rules, regulations, and procedures as the Secretary deems 
     necessary or appropriate to carry out the purposes of this 
     section.''.
       (b) The table of sections for subchapter II of chapter 37 
     of title 31, United States Code, is amended by inserting 
     after the item relating to section 3720B the following new 
     item:

``3720C. Debt Collection Improvement Account.''.

                 Subpart G--Tax Refund Offset Authority

     SEC. 5271. OFFSET OF TAX REFUND PAYMENT BY DISBURSING 
                   OFFICIALS.

       Section 3720A(h) of title 31, United States Code, is 
     amended to read as follows:
       ``(h)(1) The term `Secretary of the Treasury' may include 
     the disbursing official of the Department of the Treasury.
       ``(2) The disbursing official of the Department of the 
     Treasury--
       ``(A) shall notify a taxpayer in writing of--
       ``(i) the occurrence of an offset to satisfy a past-due 
     legally enforceable non-tax debt;
       ``(ii) the identity of the creditor agency requesting the 
     offset; and
       ``(iii) a contact point within the creditor agency that 
     will handle concerns regarding the offset;
       ``(B) shall notify the Internal Revenue Service on a weekly 
     basis of--
       ``(i) the occurrence of an offset to satisfy a past-due 
     legally enforceable non-tax debt;
       ``(ii) the amount of such offset; and
       ``(iii) any other information required by regulations; and
       ``(C) shall match payment records with requests for offset 
     by using a name control, taxpayer identifying number (as 
     defined in 26 U.S.C. 6109), and any other necessary 
     identifiers.''.

     SEC. 5272. EXPANDING TAX REFUND OFFSET AUTHORITY.

       (a) Section 3720A of title 31, United States Code, is 
     amended by adding after subsection (h) the following new 
     subsection:
       ``(i) An agency subject to section 9 of the Act of May 18, 
     1933 (16 U.S.C. 831h) may implement this section at its 
     discretion.''.
       (b) Section 6402(f) of title 26, United States Code, is 
     amended to read as follows:
       ``(f) Federal Agency.--For purposes of this section, the 
     term `Federal agency' means a department, agency, or 
     instrumentality of the United States, and includes a 
     government corporation (as such term is defined in section 
     103 of title 5, United States Code).''.

     SEC. 5273. EXPANDING AUTHORITY TO COLLECT PAST-DUE SUPPORT.

       (a) Section 3720A(a) of title 31, United States Code, is 
     amended to read as follows:
       ``(a) Any Federal agency that is owed by a named person a 
     past-due, legally enforceable debt (including past-due 
     support and debt administered by a third party acting as an 
     agent for the Federal Government) shall, in accordance with 
     regulations issued pursuant to subsections (b) and (d), 
     notify the Secretary of the Treasury at least once a year of 
     the amount of such debt.''.
       (b) Section 464(a) of the Social Security Act (42 U.S.C. 
     664(a)) is amended--
       (1) in paragraph (1), by adding at the end thereof the 
     following: ``This subsection may be implemented by the 
     Secretary of the Treasury in accordance with section 3720A of 
     title 31, United States Code.''; and
       (2) in paragraph (2)(A), by adding at the end thereof the 
     following: ``This subsection may be implemented by the 
     Secretary of the Treasury in accordance with section 3720A of 
     title 31, United States Code.''.

      Subpart H--Definitions, Due Process Rights, and Severability

     SEC. 5281. TECHNICAL AMENDMENTS TO DEFINITIONS.

       Section 3701 of title 31, United States Code, is amended--
       (1) by amending subsection (a)(1) to read as follows:
       ``(1) `administrative offset' means withholding money 
     payable by the United States (including money payable by the 
     United States on behalf of a State government) to, or held by 
     the United States for, a person to satisfy a claim.'';
       (2) by amending subsection (b) to read as follows:
       ``(b)(1) The term `claim' or `debt' means any amount of 
     money or property that has been determined by an appropriate 
     official of the Federal Government to be owed to the United 
     States by a person, organization, or entity other than 
     another Federal agency. A claim includes, without limitation, 
     money owed on account of loans insured or guaranteed by the 
     Government, non-appropriated funds, over-payments, any amount 
     the United States is authorized by statute to collect for the 
     benefit of any person, and other amounts of money or property 
     due the Government.
       ``(2) For purposes of section 3716 of this title, the term 
     `claim' also includes an amount of money or property owed by 
     a person to a State, the District of Columbia, American 
     Samoa, the United States Virgin Islands, the Commonwealth of 
     the Northern Mariana Islands, or the Commonwealth of Puerto 
     Rico where there is also a Federal monetary interest or in 
     cases of court ordered child support.''; and
       (3) by adding after subsection (f) (as added in section 
     5202(a)) the following new subsection:
       ``(g) In section 3716 of this title--
       ``(1) `creditor agency' means any entity owed a claim that 
     seeks to collect that claim through administrative offset; 
     and
       ``(2) `payment certifying agency' means any Federal 
     department, agency, or instrumentality and government 
     corporation, that has transmitted a voucher to a disbursing 
     official for disbursement.''.

     SEC. 5282. SEVERABILITY.

       If any provision of this title, or the amendments made by 
     this title, or the application of any provision to any 
     entity, person, or circumstance is for any reason adjudged by 
     a court of competent jurisdiction to be invalid, the 
     remainder of this title, and the amendments made by this 
     title, or its application shall not be affected.

                          Subpart I--Reporting

     SEC. 5291. MONITORING AND REPORTING.

       (a) The Secretary of the Treasury, in consultation with 
     concerned Federal agencies, is authorized to establish 
     guidelines, including information on outstanding debt, to 
     assist agencies in the performance and monitoring of debt 
     collection activities.
       (b) Not later than three years after the date of enactment 
     of this Act, the Secretary of the Treasury shall report to 
     the Congress on collection services provided by Federal 
     agencies or entities collecting debt on behalf of other 
     Federal agencies under the authorities contained in section 
     3711(g) of title 31, United States Code.
       (c) Section 3719 of title 31, United States Code, is 
     amended--
       (1) in subsection (a)--
       (A) by amending the first sentence to read as follows: ``In 
     consultation with the Comptroller General, the Secretary of 
     the Treasury shall prescribe regulations requiring the head 
     of each agency with outstanding non-tax claims to prepare and 
     submit to the Secretary at least once a year a report 
     summarizing the status of loans and accounts receivable 
     managed by the head of the agency.''; and
       (B) in paragraph (3), by striking ``Director'' and 
     inserting ``Secretary''; and
       (2) in subsection (b), by striking ``Director'' and 
     inserting ``Secretary''.
       (d) Notwithstanding any other provision of law, the 
     Secretary of the Treasury is authorized to consolidate all 
     reports concerning debt collection into one annual report.

                    PART II--JUSTICE DEBT MANAGEMENT

                      Subpart A--Private Attorneys

     SEC. 5301. EXPANDED USE OF PRIVATE ATTORNEYS.

       (a) Section 3718(b)(1)(A) of title 31, United States Code, 
     is amended by striking the fourth sentence.
       (b) Sections 3 and 5 of the Federal Debt Recovery Act 
     (Public Law 99-578, 100 Stat. 3305) are hereby repealed.

                   Subpart B--Nonjudicial Foreclosure

     SEC. 5311. NONJUDICIAL FORECLOSURE OF MORTGAGES.

       Chapter 176 of title 28 of the United States Code is 
     amended by adding at the end thereof the following:

                ``SUBCHAPTER E--NONJUDICIAL FORECLOSURE

``Sec.
``3401. Definitions.
``3402. Rules of construction.
``3403. Election of procedure.
``3404. Designation of foreclosure trustee.
``3405. Notice of foreclosure sale; statute of limitations.
``3406. Service of notice of foreclosure sale.
``3407. Cancellation of foreclosure sale.
``3408. Stay.
``3409. Conduct of sale; postponement.
``3410. Transfer of title and possession.
``3411. Record of foreclosure and sale.
``3412. Effect of sale.
``3413. Disposition of sale proceeds.
``3414. Deficiency judgment.

     ``Sec. 3401. Definitions

       ``As used in this subchapter--
       ``(1) `agency' means--
       ``(A) an executive department as defined in section 101 of 
     title 5, United States Code;
       ``(B) an independent establishment as defined in section 
     104 of title 5, United States Code (except that it shall not 
     include the General Accounting Office);
       ``(C) a military department as defined in section 102 of 
     title 5, United States Code; and
       ``(D) a wholly owned government corporation as defined in 
     section 9101(3) of title 31, United States Code;
       ``(2) `agency head' means the head and any assistant head 
     of an agency, and may upon the

[[Page S2540]]

     designation by the head of an agency include the chief 
     official of any principal division of an agency or any other 
     employee of an agency;
       ``(3) `bona fide purchaser' means a purchaser for value in 
     good faith and without notice of any adverse claim who 
     acquires the seller's interest free of any adverse claim;
       ``(4) `debt instrument' means a note, mortgage bond, 
     guaranty or other instrument creating a debt or other 
     obligation, including any instrument incorporated by 
     reference therein and any instrument or agreement amending or 
     modifying a debt instrument;
       ``(5) `file' or `filing' means docketing, indexing, 
     recording, or registering, or any other requirement for 
     perfecting a mortgage or a judgment;
       ``(6) `foreclosure trustee' means an individual, 
     partnership, association, or corporation, or any employee 
     thereof, including a successor, appointed by the agency head 
     to conduct a foreclosure sale pursuant to this subchapter;
       ``(7) `mortgage' means a deed of trust, deed to secure 
     debt, security agreement, or any other form of instrument 
     under which any interest in real property, including 
     leaseholds, life estates, reversionary interests, and any 
     other estates under applicable law is conveyed in trust, 
     mortgaged, encumbered, pledged or otherwise rendered subject 
     to a lien, for the purpose of securing the payment of money 
     or the performance of any other obligation;
       ``(8) `of record' means an interest recorded pursuant to 
     Federal or State statutes that provide for official recording 
     of deeds, mortgages and judgments, and that establish the 
     effect of such records as notice to creditors, purchasers, 
     and other interested persons;
       ``(9) `owner' means any person who has an ownership 
     interest in property and includes heirs, devisees, executors, 
     administrators, and other personal representatives, and 
     trustees of testamentary trusts if the owner of record is 
     deceased;
       ``(10) `sale' means a sale conducted pursuant to this 
     subchapter, unless the context requires otherwise; and
       ``(11) `security property' means real property, or any 
     interest in real property including leaseholds, life estates, 
     reversionary interests, and any other estates under 
     applicable State law that secure a mortgage.

     ``Sec. 3402. Rules of construction

       ``(a) In General.--If an agency head elects to proceed 
     under this subchapter, this subchapter shall apply and the 
     provisions of this subchapter shall govern in the event of a 
     conflict with any other provision of Federal law or State 
     law.
       ``(b) Limitation.--This subchapter shall not be construed 
     to supersede or modify the operation of--
       ``(1) the lease-back/buy-back provisions under section 1985 
     of title 7, United States Code, or regulations promulgated 
     thereunder; or
       ``(2) The Multifamily Mortgage Foreclosure Act of 1981 
     (chapter 38 of title 12, United States Code).
       ``(c) Effect on Other Laws.--This subchapter shall not be 
     construed to curtail or limit the rights of the United States 
     or any of its agencies--
       ``(1) to foreclose a mortgage under any other provision of 
     Federal law or State law; or
       ``(2) to enforce any right under Federal law or State law 
     in lieu of or in addition to foreclosure, including any right 
     to obtain a monetary judgment.
       ``(d) Application to Mortgages.--The provisions of this 
     subchapter may be used to foreclose any mortgage, whether 
     executed prior or subsequent to the effective date of this 
     subchapter.

     ``Sec. 3403. Election of procedure

       ``(a) Security Property Subject to Foreclosure.--An agency 
     head may foreclose a mortgage upon the breach of a covenant 
     or condition in a debt instrument or mortgage for which 
     acceleration or foreclosure is authorized. An agency head may 
     not institute foreclosure proceedings on the mortgage under 
     any other provision of law, or refer such mortgage for 
     litigation, during the pendency of foreclosure proceedings 
     pursuant to this subchapter.
       ``(b) Effect of Cancellation of Sale.--If a foreclosure 
     sale is canceled pursuant to section 3407, the agency head 
     may thereafter foreclose on the security property in any 
     manner authorized by law.

     ``Sec. 3404. Designation of foreclosure trustee

       ``(a) In General.--An agency head shall designate a 
     foreclosure trustee who shall supersede any trustee 
     designated in the mortgage. A foreclosure trustee designated 
     under this section shall have a nonjudicial power of sale 
     pursuant to this subchapter.
       ``(b) Designation of Foreclosure Trustee.--
       ``(1) An agency head may designate as foreclosure trustee--
       ``(A) an officer or employee of the agency;
       ``(B) an individual who is a resident of the State in which 
     the security property is located; or
       ``(C) a partnership, association, or corporation, provided 
     such entity is authorized to transact business under the laws 
     of the State in which the security property is located.
       ``(2) The agency head is authorized to enter into personal 
     services and other contracts not inconsistent with this 
     subchapter.
       ``(c) Method of Designation.--An agency head shall 
     designate the foreclosure trustee in writing. The foreclosure 
     trustee may be designated by name, title, or position. An 
     agency head may designate one or more foreclosure trustees 
     for the purpose of proceeding with multiple foreclosures or a 
     class of foreclosures.
       ``(d) Availability of Designation.--An agency head may 
     designate such foreclosure trustees as the agency head deems 
     necessary to carry out the purposes of this subchapter.
       ``(e) Multiple Foreclosure Trustees Authorized.--An agency 
     head may designate multiple foreclosure trustees for 
     different tracts of a secured property.
       ``(f) Removal of Foreclosure Trustees; Successor 
     Foreclosure Trustees.--An agency head may, with or without 
     cause or notice, remove a foreclosure trustee and designate a 
     successor trustee as provided in this section. The 
     foreclosure sale shall continue without prejudice 
     notwithstanding the removal of the foreclosure trustee and 
     designation of a successor foreclosure trustee. Nothing in 
     this section shall be construed to prohibit a successor 
     foreclosure trustee from postponing the foreclosure sale in 
     accordance with this subchapter.

     ``Sec. 3405. Notice of foreclosure sale; statute of 
       limitations

       ``(a) In General.--
       ``(1) Not earlier than 21 days nor later than ten years 
     after acceleration of a debt instrument or demand on a 
     guaranty, the foreclosure trustee shall serve a notice of 
     foreclosure sale in accordance with this subchapter.
       ``(2) For purposes of computing the time period under 
     paragraph (1), there shall be excluded all periods during 
     which there is in effect--
       ``(A) a judicially imposed stay of foreclosure; or
       ``(B) a stay imposed by section 362 of title 11, United 
     States Code.
       ``(3) In the event of partial payment or written 
     acknowledgement of the debt after acceleration of the debt 
     instrument, the right to foreclosure shall be deemed to 
     accrue again at the time of each such payment or 
     acknowledgement.
       ``(b) Notice of Foreclosure Sale.--The notice of 
     foreclosure sale shall include--
       ``(1) the name, title, and business address of the 
     foreclosure trustee as of the date of the notice;
       ``(2) the names of the original parties to the debt 
     instrument and the mortgage, and any assignees of the 
     mortgagor of record;
       ``(3) the street address or location of the security 
     property, and a generally accepted designation used to 
     describe the security property, or so much thereof as is to 
     be offered for sale, sufficient to identify the property to 
     be sold;
       ``(4) the date of the mortgage, the office in which the 
     mortgage is filed, and the location of the filing of the 
     mortgage;
       ``(5) the default or defaults upon which foreclosure is 
     based, and the date of the acceleration of the debt 
     instrument;
       ``(6) the date, time, and place of the foreclosure sale;
       ``(7) a statement that the foreclosure is being conducted 
     in accordance with this subchapter;
       ``(8) the types of costs, if any, to be paid by the 
     purchaser upon transfer of title; and
       ``(9) the terms and conditions of sale, including the 
     method and time of payment of the foreclosure purchase price.

     ``Sec. 3406. Service of notice of foreclosure sale

       ``(a) Record Notice.--At least 21 days prior to the date of 
     the foreclosure sale, the notice of foreclosure sale required 
     by section 3405 shall be filed in the manner authorized for 
     filing a notice of an action concerning real property 
     according to the law of the State where the security property 
     is located or, if none, in the manner authorized by section 
     3201 of this chapter.
       ``(b) Notice by Mail.--
       ``(1) At least 21 days prior to the date of the foreclosure 
     sale, the notice set forth in section 3405 shall be sent by 
     registered or certified mail, return receipt requested--
       ``(A) to the current owner of record of the security 
     property as the record appears on the date that the notice of 
     foreclosure sale is recorded pursuant to subsection (a);
       ``(B) to all debtors, including the mortgagor, assignees of 
     the mortgagor and guarantors of the debt instrument;
       ``(C) to all persons having liens, interests or 
     encumbrances of record upon the security property, as the 
     record appears on the date that the notice of foreclosure 
     sale is recorded pursuant to subsection (a); and
       ``(D) to any occupants of the security property. If the 
     names of the occupants of the security property are not known 
     to the agency, or the security property has more than one 
     dwelling unit, the notice shall be posted at the security 
     property.
       ``(2) The notice shall be sent to the debtor at the 
     address, if any, set forth in the debt instrument or mortgage 
     as the place to which notice is to be sent, and if different, 
     to the debtor's last known address as shown in the mortgage 
     record of the agency. The notice shall be sent to any person 
     other than the debtor to that person's address of record or, 
     if there is no address of record, to any address at which the 
     agency in good faith believes the notice is likely to come to 
     that person's attention.
       ``(3) Notice by mail pursuant to this subsection shall be 
     effective upon mailing.
       ``(c) Notice by Publication.--The notice of the foreclosure 
     sale shall be published at least once a week for each of 
     three successive weeks prior to the sale in at least one 
     newspaper of general circulation in any county or counties in 
     which the security property is located. If there is no 
     newspaper published at least weekly that has a general 
     circulation in at least one county in which the security 
     property is located, copies of the notice of foreclosure sale 
     shall instead be posted at least 21 days prior to the sale at 
     the courthouse of any county or counties in which the 
     property is located and the place where the sale is to be 
     held.

     ``Sec. 3407. Cancellation of foreclosure sale

       ``(a) In General.--At any time prior to the foreclosure 
     sale, the foreclosure trustee shall cancel the sale--
       ``(1) if the debtor or the holder of any subordinate 
     interest in the security property tenders the performance due 
     under the debt instrument and mortgage, including any amounts 
     due because

[[Page S2541]]

     of the exercise of the right to accelerate, and the expenses 
     of proceeding to foreclosure incurred to the time of tender;
       ``(2) if the security property is a dwelling of four units 
     or fewer, and the debtor--
       ``(A) pays or tenders all sums which would have been due at 
     the time of tender in the absence of any acceleration;
       ``(B) performs any other obligation which would have been 
     required in the absence of any acceleration; and
       ``(C) pays or tenders all costs of foreclosure incurred for 
     which payment from the proceeds of the sale would be allowed; 
     or
       ``(3) for any reason approved by the agency head.
       ``(b) Limitation.--The debtor may not, without the approval 
     of the agency head, cure the default under subsection (a)(2) 
     if, within the preceding 12 months, the debtor has cured a 
     default after being served with a notice of foreclosure sale 
     pursuant to this subchapter.
       ``(c) Notice of Cancellation.--The foreclosure trustee 
     shall file a notice of the cancellation in the same place and 
     manner provided for the filing of the notice of foreclosure 
     sale under section 3406(a).

     ``Sec. 3408. Stay

       ``If, prior to the time of sale, foreclosure proceedings 
     under this subchapter are stayed in any manner, including the 
     filing of bankruptcy, no person may thereafter cure the 
     default under the provisions of section 3407(a)(2). If the 
     default is not cured at the time a stay is terminated, the 
     foreclosure trustee shall proceed to sell the security 
     property as provided in this subchapter.

     ``Sec. 3409. Conduct of sale; postponement

       ``(a) Sale Procedures.--Foreclosure sale pursuant to this 
     subchapter shall be at public auction and shall be scheduled 
     to begin at a time between the hours of 9:00 a.m. and 4:00 
     p.m. local time. The foreclosure sale shall be held at the 
     location specified in the notice of foreclosure sale, which 
     shall be a location where real estate foreclosure auctions 
     are customarily held in the county or one of the counties in 
     which the property to be sold is located or at a courthouse 
     therein, or upon the property to be sold. Sale of security 
     property situated in two or more counties may be held in any 
     one of the counties in which any part of the security 
     property is situated. The foreclosure trustee may designate 
     the order in which multiple tracts of security property are 
     sold.
       ``(b) Bidding Requirements.--Written one-price sealed bids 
     shall be accepted by the foreclosure trustee, if submitted by 
     the agency head or other persons for entry by announcement by 
     the foreclosure trustee at the sale. The sealed bids shall be 
     submitted in accordance with the terms set forth in the 
     notice of foreclosure sale. The agency head or any other 
     person may bid at the foreclosure sale, even if the agency 
     head or other person previously submitted a written one-price 
     bid. The agency head may bid a credit against the debt due 
     without the tender or payment of cash. The foreclosure 
     trustee may serve as auctioneer, or may employ an auctioneer 
     who may be paid from the sale proceeds. If an auctioneer is 
     employed, the foreclosure trustee is not required to attend 
     the sale. The foreclosure trustee or an auctioneer may bid as 
     directed by the agency head.
       ``(c) Postponement of Sale.--The foreclosure trustee shall 
     have discretion, prior to or at the time of sale, to postpone 
     the foreclosure sale. The foreclosure trustee may postpone a 
     sale to a later hour the same day by announcing or posting 
     the new time and place of the foreclosure sale at the time 
     and place originally scheduled for the foreclosure sale. The 
     foreclosure trustee may instead postpone the foreclosure sale 
     for not fewer than 9 nor more than 31 days, by serving notice 
     that the foreclosure sale has been postponed to a specified 
     date, and the notice may include any revisions the 
     foreclosure trustee deems appropriate. The notice shall be 
     served by publication, mailing, and posting in accordance 
     with section 3406 (b) and (c), except that publication may be 
     made on any of three separate days prior to the new date of 
     the foreclosure sale, and mailing may be made at any time at 
     least 7 days prior to the new date of the foreclosure sale.
       ``(d) Liability of Successful Bidder Who Fails To Comply.--
     The foreclosure trustee may require a bidder to make a cash 
     deposit before the bid is accepted. The amount or percentage 
     of the cash deposit shall be stated by the foreclosure 
     trustee in the notice of foreclosure sale. A successful 
     bidder at the foreclosure sale who fails to comply with the 
     terms of the sale shall forfeit the cash deposit or, at the 
     election of the foreclosure trustee, shall be liable to the 
     agency on a subsequent sale of the property for all net 
     losses incurred by the agency as a result of such failure.
       ``(e) Effect of Sale.--Any foreclosure sale held in 
     accordance with this subchapter shall be conclusively 
     presumed to have been conducted in a legal, fair, and 
     commercially reasonable manner. The sale price shall be 
     conclusively presumed to constitute the reasonably equivalent 
     value of the security property.

     ``Sec. 3410. Transfer of title and possession

       ``(a) Deed.--After receipt of the purchase price in 
     accordance with the terms of the sale as provided in the 
     notice of foreclosure sale, the foreclosure trustee shall 
     execute and deliver to the purchaser a deed conveying the 
     security property to the purchaser that grants and conveys 
     title to the security property without warranty or covenants 
     to the purchaser. The execution of the foreclosure trustee's 
     deed shall have the effect of conveying all of the right, 
     title, and interest in the security property covered by the 
     mortgage. Notwithstanding any other law to the contrary, the 
     foreclosure trustee's deed shall be a conveyance of the 
     security property and not a quitclaim. No judicial proceeding 
     shall be required ancillary or supplementary to the 
     procedures provided in this subchapter to establish the 
     validity of the conveyance.
       ``(b) Death of Purchaser Prior to Consummation of Sale.--If 
     a purchaser dies before execution and delivery of the deed 
     conveying the security property to the purchaser, the 
     foreclosure trustee shall execute and deliver the deed to the 
     representative of the purchaser's estate upon payment of the 
     purchase price in accordance with the terms of sale. Such 
     delivery to the representative of the purchaser's estate 
     shall have the same effect as if accomplished during the 
     lifetime of the purchaser.
       ``(c) Purchaser Considered Bona Fide Purchaser Without 
     Notice.--The purchaser of property under this subchapter 
     shall be presumed to be a bona fide purchaser without notice 
     of defects, if any, in the title conveyed to the purchaser.
       ``(d) Possession by Purchaser; Continuing Interests.--A 
     purchaser at a foreclosure sale conducted pursuant to this 
     subchapter shall be entitled to possession upon passage of 
     title to the security property, subject to any interest or 
     interests senior to that of the mortgage. The right to 
     possession of any person without an interest senior to the 
     mortgage who is in possession of the property shall terminate 
     immediately upon the passage of title to the security 
     property, and the person shall vacate the security property 
     immediately. The purchaser shall be entitled to take any 
     steps available under Federal law or State law to obtain 
     possession.
       ``(e) Right of Redemption; Right of Possession.--This 
     subchapter shall preempt all Federal and State rights of 
     redemption, statutory, or common law. Upon conclusion of the 
     public auction of the security property, no person shall have 
     a right of redemption.
       ``(f) Prohibition of Imposition of Tax on Conveyance by the 
     United States or Agency Thereof.--No tax, or fee in the 
     nature of a tax, for the transfer of title to the security 
     property by the foreclosure trustee's deed shall be imposed 
     upon or collected from the foreclosure trustee or the 
     purchaser by any State or political subdivision thereof.

     ``Sec. 3411. Record of foreclosure and sale

       ``(a) Recital Requirements.--The foreclosure trustee shall 
     recite in the deed to the purchaser, or in an addendum to the 
     foreclosure trustee's deed, or shall prepare an affidavit 
     stating--
       ``(1) the date, time, and place of sale;
       ``(2) the date of the mortgage, the office in which the 
     mortgage is filed, and the location of the filing of the 
     mortgage;
       ``(3) the persons served with the notice of foreclosure 
     sale;
       ``(4) the date and place of filing of the notice of 
     foreclosure sale under section 3406(a);
       ``(5) that the foreclosure was conducted in accordance with 
     the provisions of this subchapter; and
       ``(6) the sale amount.
       ``(b) Effect of Recitals.--The recitals set forth in 
     subsection (a) shall be prima facie evidence of the truth of 
     such recitals. Compliance with the requirements of subsection 
     (a) shall create a conclusive presumption of the validity of 
     the sale in favor of bona fide purchasers and encumbrancers 
     for value without notice.
       ``(c) Deed To Be Accepted for Filing.--The register of 
     deeds or other appropriate official of the county or counties 
     where real estate deeds are regularly filed shall accept for 
     filing and shall file the foreclosure trustee's deed and 
     affidavit, if any, and any other instruments submitted for 
     filing in relation to the foreclosure of the security 
     property under this subchapter.

     ``Sec. 3412. Effect of sale

       ``A sale conducted under this subchapter to a bona fide 
     purchaser shall bar all claims upon the security property 
     by--
       ``(1) any person to whom the notice of foreclosure sale was 
     mailed as provided in this subchapter who claims an interest 
     in the property subordinate to that of the mortgage, and the 
     heir, devisee, executor, administrator, successor, or 
     assignee claiming under any such person;
       ``(2) any person claiming any interest in the property 
     subordinate to that of the mortgage, if such person had 
     actual knowledge of the sale;
       ``(3) any person so claiming, whose assignment, mortgage, 
     or other conveyance was not filed in the proper place for 
     filing, or whose judgment or decree was not filed in the 
     proper place for filing, prior to the date of filing of the 
     notice of foreclosure sale as required by section 3406(a), 
     and the heir, devisee, executor, administrator, successor, or 
     assignee of such a person; or
       ``(4) any other person claiming under a statutory lien or 
     encumbrance not required to be filed and attaching to the 
     title or interest of any person designated in any of the 
     foregoing subsections of this section.

     ``Sec. 3413. Disposition of sale proceeds

       ``(a) Distribution of Sale Proceeds.--The foreclosure 
     trustee shall distribute the proceeds of the foreclosure sale 
     in the following order--
       ``(1)(A) to pay the commission of the foreclosure trustee, 
     other than an agency employee, the greater of--
       ``(i) the sum of--
       ``(I) 3 percent of the first $1,000 collected, plus
       ``(II) 1.5 percent on the excess of any sum collected over 
     $1,000; or
       ``(ii) $250; and
       ``(B) the amounts described in subparagraph (A)(i) shall be 
     computed on the gross proceeds of all security property sold 
     at a single sale;
       ``(2) to pay the expense of any auctioneer employed by the 
     foreclosure trustee, if any, except that the commission 
     payable to the foreclosure trustee pursuant to paragraph (1) 
     shall be reduced by the amount paid to an auctioneer, unless 
     the agency head determines that such reduction would 
     adversely affect the ability of the

[[Page S2542]]

     agency head to retain qualified foreclosure trustees or 
     auctioneers;
       ``(3) to pay for the costs of foreclosure, including--
       ``(A) reasonable and necessary advertising costs and 
     postage incurred in giving notice pursuant to section 3406;
       ``(B) mileage for posting notices and for the foreclosure 
     trustee's or auctioneer's attendance at the sale at the rate 
     provided in section 1921 of title 28, United States Code, for 
     mileage by the most reasonable road distance;
       ``(C) reasonable and necessary costs actually incurred in 
     connection with any search of title and lien records; and
       ``(D) necessary costs incurred by the foreclosure trustee 
     to file documents;
       ``(4) to pay valid real property tax liens or assessments, 
     if required by the notice of foreclosure sale;
       ``(5) to pay any liens senior to the mortgage, if required 
     by the notice of foreclosure sale;
       ``(6) to pay service charges and advancements for taxes, 
     assessments, and property insurance premiums; and
       ``(7) to pay late charges and other administrative costs 
     and the principal and interest balances secured by the 
     mortgage, including expenditures for the necessary 
     protection, preservation, and repair of the security property 
     as authorized under the debt instrument or mortgage and 
     interest thereon if provided for in the debt instrument or 
     mortgage, pursuant to the agency's procedure.
       ``(b) Insufficient Proceeds.--In the event there are no 
     proceeds of sale or the proceeds are insufficient to pay the 
     costs and expenses set forth in subsection (a), the agency 
     head shall pay such costs and expenses as authorized by 
     applicable law.
       ``(c) Surplus Monies.--
       ``(1) After making the payments required by subsection (a), 
     the foreclosure trustee shall--
       ``(A) distribute any surplus to pay liens in the order of 
     priority under Federal law or the law of the State where the 
     security property is located; and
       ``(B) pay to the person who was the owner of record on the 
     date the notice of foreclosure sale was filed the balance, if 
     any, after any payments made pursuant to paragraph (1).
       ``(2) If the person to whom such surplus is to be paid 
     cannot be located, or if the surplus available is 
     insufficient to pay all claimants and the claimants cannot 
     agree on the distribution of the surplus, that portion of the 
     sale proceeds may be deposited by the foreclosure trustee 
     with an appropriate official authorized under law to receive 
     funds under such circumstances. If such a procedure for the 
     deposit of disputed funds is not available, and the 
     foreclosure trustee files a bill of interpleader or is sued 
     as a stakeholder to determine entitlement to such funds, the 
     foreclosure trustee's necessary costs in taking or defending 
     such action shall be deducted first from the disputed funds.

     ``Sec. 3414. Deficiency judgment

       ``(a) In General.--If after deducting the disbursements 
     described in section 3413, the price at which the security 
     property is sold at a foreclosure sale is insufficient to pay 
     the unpaid balance of the debt secured by the security 
     property, counsel for the United States may commence an 
     action or actions against any or all debtors to recover the 
     deficiency, unless specifically prohibited by the mortgage. 
     The United States is also entitled to recover any amount 
     authorized by section 3011 and costs of the action.
       ``(b) Limitation.--Any action commenced to recover the 
     deficiency shall be brought within 6 years of the last sale 
     of security property.
       ``(c) Credits.--The amount payable by a private mortgage 
     guaranty insurer shall be credited to the account of the 
     debtor prior to the commencement of an action for any 
     deficiency owed by the debtor. Nothing in this subsection 
     shall curtail or limit the subrogation rights of a private 
     mortgage guaranty insurer.''.

              Subchapter B--FAA Grants-in-Aid for Airports


       federal aviation administration grants-in-aid for airports

                    (Airport and Airway Trust Fund)

                   (Rescission of Contract Authority)

       Of the available contract authority balances under this 
     account, $48,000,000 are hereby rescinded, in addition to any 
     such sums otherwise rescinded by this Act.

                 TITLE VI--FOOD AND DRUG EXPORT REFORM

     SEC. 6001. SHORT TITLE, REFERENCE.

       (a) Short Title.--This title may be cited as the ``FDA 
     Export Reform and Enhancement Act of 1996''.
       (b) Reference.--Wherever in this title (other than in 
     section 6004) 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. 
     (21 U.S.C. 321 et seq.)

     SEC. 6002. EXPORT OF DRUGS AND DEVICES.

       (a) Export and Imports.--Section 801 (21 U.S.C. 381) is 
     amended--
       (1) in subsection (d), by adding at the end thereof the 
     following new paragraphs:
       ``(3) No component, part, or accessory of a drug, 
     biological product, or device, including a drug in bulk 
     inform, shall be excluded from importation into the United 
     States under subsection (a) if--
       ``(A) the importer affirms at the time of initial 
     importation that such component, part, or accessory is 
     intended to be incorporated by the initial owner or consignee 
     into a drug, biological product, or device that will be 
     exported by such owner or consignee from the United States in 
     accordance with subsection 801(e) or section 802 of this Act 
     or section 351(h) of the Public Health Service Act;
       ``(B) the initial owner or consignee responsible for such 
     imported articles maintains records that identify the use of 
     such imported articles and upon request of the Secretary 
     submits a report that provides an accounting of the 
     exportation or the disposition of the imported articles, 
     including portions that have been destroyed, and the manner 
     in which such person complied with the requirements of this 
     paragraph; and
       ``(C) any imported component, part or accessory not so 
     incorporated is destroyed or exported by the owner or 
     consignee.''
       ``(4) The importation into the United States of blood, 
     blood components, source plasma, and source leukocytes, is 
     not permitted pursuant to paragraph (3) unless the 
     importation complies with section 351(a) of the Public Health 
     Service Act. The importation of tissue is not permitted 
     pursuant to paragraph (3) unless the importation complies 
     with section 361 of the Public Health Service Act.'';
       (2) in subsection (e)(1), by striking the second sentence;
       (3) in subsection (e)(2)--
       (A) by striking ``the Secretary'' and inserting ``either 
     (i) the Secretary''; and
       (B) by inserting before the period at the end thereof the 
     following: ``or (ii) the device is eligible for export under 
     section 802''; and
       (4) in subsection (e), by adding at the end thereof the 
     following new paragraph:;
       ``(3) A new animal drug that requires approval under 
     section 512 shall not be exported pursuant to paragraph (1) 
     if such drug has been banned in the United States.''.
       (b) Export of Certain Unapproved Drugs and Devices.--
     Section 802 (21 U.S.C. 382) is amended to read as follows:


                ``exports of certain unapproved products

       ``Sec. 802. (a) A drug (including a biological product) 
     intended for human use or a device for human use--
       ``(1) which, in the case of a drug--
       ``(A)(i) requires approval by the Secretary under section 
     505 before such drug 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, is not exempt 
     from such sections or Act, and 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) under section 520(g) is exempt from either such 
     section; or
       ``(C) is a banned device under section 516,
     is adulterated, misbranded, and in violation of such sections 
     or Act unless the export of the drug or device is authorized 
     under subsection (b), (c), (d), or (e), or under section 
     801(e)(2). If a drug (including a biological product) or 
     device described in paragraphs (1) and (2) may be exported 
     under subsection (b) and if an application for such drug or 
     device under section 505 or 514 or section 351 of the Public 
     Health Service Act was disapproved, the Secretary shall 
     notify the appropriate public health official of the country 
     to which such drug will be exported of such disapproval.
       ``(b)(1) Except as otherwise provided in this section, a 
     drug (including a biological product) or device may be 
     exported to any country, if the drug or device complies with 
     the laws of that country and has valid marketing 
     authorization by the appropriate approval authority--
       ``(A) in Australia, Canada, Israel, Japan, New Zealand, 
     Switzerland, or South Africa; or
       ``(B) in the European Union or a country in the European 
     Economic Area (the countries in the European Union and the 
     European Free Trade Association) if the drug or device is 
     marketed in that country or the drug or device is authorized 
     for general marketing in the European Economic Area.
       ``(2) The Secretary may designate an additional country or 
     countries to be included in the list of countries described 
     in subparagraphs (A) and (B) of paragraph (1). The Secretary 
     shall not delegate the authority granted under this 
     paragraph.
       ``(3) An appropriate country official, manufacturer, or 
     exporter may request the Secretary to designate an additional 
     country or countries to be included in the list of countries 
     described in subparagraphs (A) and (B) of paragraph (1) by 
     submitting documentation to the Secretary in support of such 
     designation. Any person other than a country requesting such 
     designation shall include along with the request a letter 
     from the country indicating the desire of such country to be 
     designated.
       ``(4) The Secretary shall designate a country or countries 
     to be included in the list of countries described in 
     subparagraphs (A) and (B) of paragraph (1) if the Secretary 
     finds that the valid marketing authorization system in such 
     country or countries is equivalent to the systems in the 
     countries described in subparagraphs (A) and (B) of paragraph 
     (1).
       ``(c) A drug or device intended for investigational use in 
     any country described in subsection (b) may be exported in 
     accordance with the laws of that country and shall be exempt 
     from regulation under section 505(i) or 520(g).
       ``(d) A drug or device intended for formulation, filling, 
     packaging, labeling, or further processing in anticipation of 
     market authorization in any country described in paragraph 
     (1)(A) or (B) of subsection (b) may be exported to those 
     countries for use in accordance with the laws of that 
     country.
       ``(e)(1) A drug (including a biological product) or device 
     which is to be used in the prevention or treatment of a 
     tropical disease or other disease not prevalent in the United 
     States and which does not otherwise qualify for export

[[Page S2543]]

     under this section may, upon approval of an application 
     submitted under paragraph (2), be exported if--
       ``(A) the Secretary finds, based on credible scientific 
     evidence, including clinical investigations, that the drug or 
     device is safe and effective in the country to which the drug 
     or device is to be exported in the prevention or treatment of 
     a tropical disease or other disease not prevalent in the 
     United States in such country;
       ``(B) the drug or device is manufactured, processed, 
     packaged, and held in conformity with current good 
     manufacturing practice and is not adulterated under 
     subsection (a)(1), (a)(2)(A), (a)(3), (c), or (d) of section 
     501;
       ``(C) the outside of the shipping package is labeled with 
     the following statement: `This drug or device may be sold or 
     offered for sale only in the following countries: 
     ____________', the blank space being filled with a list of 
     the countries to which export of the drug or device is 
     authorized under this subsection;
       ``(D) the drug or device is not the subject of a notice by 
     the Secretary or the Secretary of Agriculture of a 
     determination that the manufacture of the drug or device in 
     the United States for export to a country is contrary to the 
     public health and safety of the United States; and
       ``(E) the requirements of subparagraphs (A) through (D) of 
     section 801(e)(1) have been met.
       ``(2) Any person may apply to have a drug or device 
     exported under paragraph (1). The application shall--
       ``(A) describe the drug or device to be exported;
       ``(B) list each country to which the drug or device is to 
     be exported;
       ``(C) contain a certification by the applicant that the 
     drug or device will not be exported to a country for which 
     the Secretary cannot make a finding described in paragraph 
     (1)(A);
       ``(D) identify the establishments in which the drug or 
     device is manufactured; and
       ``(E) demonstrate to the Secretary that the drug or device 
     meets the requirements of paragraph (1).
       ``(3) The holder of an approved application for the export 
     of a drug or device under this subsection shall report to the 
     Secretary--
       ``(A) the receipt of any information indicating that the 
     drug or device is being or may have been exported from a 
     country for which the Secretary made a finding under 
     paragraph (1)(A) to a country for which the Secretary cannot 
     make such a finding; and
       ``(B) the receipt of any information indicating any adverse 
     reactions to such drug.
       ``(4)(A) If the Secretary determines that--
       ``(i) a drug or device for which an application is approved 
     under paragraph (2) does not continue to meet the 
     requirements of paragraph (1);
       ``(ii) the holder of such application has not made the 
     report required by paragraph (3); or
       ``(iii) the manufacture of such drug or device in the 
     United States for export is contrary to the public health and 
     safety of the United States and an application for the export 
     of such drug or device has been approved under paragraph (2),

     then before taking action against the holder of an 
     application for which a determination was made under clause 
     (i), (ii), or (iii), the Secretary shall notify the holder in 
     writing of the determination and provide the holder 30 days 
     to take such action as may be required to prevent the 
     Secretary from taking action against the holder under this 
     subparagraph. If the Secretary takes action against such 
     holder because of such a determination, the Secretary shall 
     provide the holder a written statement specifying the reasons 
     for such determination and provide the holder, on request, an 
     opportunity for an informal hearing with respect to such 
     determination.
       ``(B) If at any time the Secretary, or in the absence of 
     the Secretary, the official designated to act on behalf of 
     the Secretary, determines that--
       ``(i) the holder of an approved application under paragraph 
     (2) is exporting a drug or device from the United States to 
     an importer;
       ``(ii) such importer is exporting the drug or device to a 
     country for which the Secretary cannot make a finding under 
     paragraph (1)(A); and
       ``(iii) such export presents an imminent hazard to the 
     public health in such country,

     the Secretary shall immediately prohibit the export of the 
     drug or device to such importer, provide the person exporting 
     the drug or device from the United States prompt notice of 
     the determination, and afford such person an opportunity for 
     an expedited hearing. A determination by the Secretary under 
     this subparagraph may not be stayed pending final action by a 
     reviewing court. The authority conferred by this subparagraph 
     shall not be delegated by the Secretary.
       ``(C) If the Secretary, or in the absence of the Secretary, 
     the official designated to act on behalf of the Secretary, 
     determines that the holder of an approved application under 
     paragraph (2) is exporting a drug or device to a country for 
     which the Secretary cannot make a finding under paragraph 
     (1)(A), and that the export of the drug or device presents an 
     imminent hazard, the Secretary shall immediately prohibit the 
     export of the drug or device to such country, give the holder 
     prompt notice of the determination, and afford the holder an 
     opportunity for an expedited hearing. A determination by the 
     Secretary under this subparagraph may not be stayed pending 
     final action by a reviewing court. The authority conferred by 
     this subparagraph shall not be delegated by the Secretary.
       ``(D) If the Secretary receives credible evidence that the 
     holder of an application approved under paragraph (2) is 
     exporting a drug or device to a country for which the 
     Secretary cannot make a finding under paragraph (1)(A), the 
     Secretary shall give the holder 60 days to provide 
     information to the Secretary respecting such evidence and 
     shall provide the holder an opportunity for an informal 
     hearing on such evidence. Upon the expiration of such 60 
     days, the Secretary shall prohibit the export of such drug or 
     device to such country if the Secretary determines the holder 
     is exporting the drug or device to a country for which the 
     Secretary cannot make a finding under paragraph (1)(A).
       ``(E) If the Secretary receives credible evidence that an 
     importer is exporting a drug or device to a country for which 
     the Secretary cannot make a finding under paragraph (1)(A), 
     the Secretary shall notify the holder of the application 
     authorizing the export of such drug or device of such 
     evidence and shall require the holder to investigate the 
     export by such importer and to report to the Secretary within 
     14 days of the receipt of such notice the findings of the 
     holder. If the Secretary determines that the importer has 
     exported a drug or device to such a country, the Secretary 
     shall prohibit such holder from exporting such drug or device 
     to the importer unless the Secretary determines that the 
     export by the importer was unintentional.
       ``(f) A drug or device may not be exported under this 
     section if--
       ``(1) the drug or device is not manufactured, processed, 
     packaged, and held in conformity with current good 
     manufacturing practice or is adulterated under paragraph (1), 
     (2)(A), or (3) of section 501(a) or subsection (c) or (d) of 
     section 501;
       ``(2) the requirements of subparagraphs (A) through (D) of 
     section 801(e)(1) have not been met;
       ``(3)(A) the drug or device is the subject of a notice by 
     the Secretary or the Secretary of Agriculture of a 
     determination that the possibility of reimportation of the 
     exported drug or device would present an imminent hazard to 
     the public health and safety of the United States and the 
     only means of limiting the hazard is to prohibit the export 
     of the drug or device;
       ``(B) the drug or device presents an imminent hazard to the 
     public health of the country to which the drug or device 
     would be exported; or
       ``(4) the drug or device is not labeled or promoted--
       ``(A) in accordance with the requirements and conditions 
     for use in--
       ``(i) the country in which the drug or device received a 
     valid marketing authorization under subsection (b)(2); and
       ``(ii) the country to which the drug or device would be 
     exported; and
       ``(B) in the language of the country or designated by the 
     country to which the drug or device would be exported.

     ``In making a finding under paragraph (3)(B), the Secretary 
     shall, to the maximum extent possible, consult with the 
     appropriate public health official in the affected country.
       ``(g) The exporter of a drug or device exported under this 
     section shall provide a simple notification to the Secretary 
     when the exporter first begins to export such drug or device 
     to a country and shall maintain records of all products 
     exported pursuant to this section.
       ``(h) For purposes of this section--
       (1) a reference to the Secretary shall in the case of a 
     biological product which is required to be licensed under the 
     Act of March 4, 1913 (37 Stat. 832-833) (commonly known as 
     the Virus-Serum Toxin Act) be considered to be a reference to 
     the Secretary of Agriculture, and
       (2) the term ``drug'' includes drugs for human use as well 
     as biologicals under section 351 of the Public Health Service 
     Act or the Act of March 4, 1913 (37 Stat. 832-833) (commonly 
     known as the Virus-Serum Toxin Act).''

     SEC. 6003. PROHIBITED ACT.

       Section 301 (21 U.S.C. 331) is amended--
       (1) by redesignating the second subsection (u) as 
     subsection (v); and
       (2) by adding at the end thereof the following new 
     subsection:
       ``(w)(1) The failure to maintain records as required by 
     section 801(d)(3), the making of a knowing false statement in 
     any record or report required or requested under section 
     801(d)(3), the release into interstate commerce of any 
     article imported into the United States under section 
     801(d)(3) or any finished product made from such article 
     (except for export in accordance with subsection 801(e) or 
     section 802 of the Act or section 351(h) of the Public Health 
     Service Act), or the failure to export or destroy any 
     component, part or accessory not incorporated into a drug, 
     biological product or device that will be exported in 
     accordance with subsection 801(e) or section 802 of this Act 
     or section 351(h) of the Public Health Service Act.''

     SEC. 6004. 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 is 
     manufactured, processed, packaged, and held in conformity 
     with current good manufacturing practice and meets the 
     requirements in section 801(e)(1) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 381(e)).''.
       This Act may be cited as the ``Omnibus Consolidated 
     Rescissions and Appropriations Act of 1996''.

[[Page S2544]]



           NINTH CIRCUIT COURT OF APPEALS REORGANIZATION ACT

  Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar No. 260, S. 956, 
regarding the ninth circuit.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 956) to amend title 28, United States Code, to 
     divide the ninth judicial circuit of the United States into 
     two circuits, and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ninth Circuit Court of 
     Appeals Reorganization Act of 1995''.

     SEC. 2. NUMBER AND COMPOSITION OF CIRCUITS.

       Section 41 of title 28, United States Code, is amended--
       (1) in the matter before the table, by striking out 
     ``thirteen'' and inserting in lieu thereof ``fourteen'';
       (2) in the table, by striking out the item relating to the 
     ninth circuit and inserting in lieu thereof the following new 
     item:

California, Hawaii, Guam, Northern Mariana Islands.'';.................

     and
       (3) between the last 2 items of the table, by inserting the 
     following new item:

Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington.''.........

     SEC. 3. NUMBER OF CIRCUIT JUDGES.

       The table in section 44(a) of title 28, United States Code, 
     is amended--
       (1) by striking out the item relating to the ninth circuit 
     and inserting in lieu thereof the following new item:

``Ninth.......................................................15'';....

     and
       (2) by inserting between the last 2 items at the end 
     thereof the following new item:

``Twelfth.....................................................13''.....

     SEC. 4. PLACES OF CIRCUIT COURT.

       The table in section 48 of title 28, United States Code, is 
     amended--
       (1) by striking out the item relating to the ninth circuit 
     and inserting in lieu thereof the following new item:

San Francisco, Los Angeles.'';.........................................

     and
       (2) by inserting between the last 2 items at the end 
     thereof the following new item:

Portland, Seattle, Phoenix.''..........................................

     SEC. 5. ASSIGNMENT OF CIRCUIT JUDGES AND CLERK OF THE COURT.

       (a) Circuit Judges.--No later than 60 days after the date 
     of the enactment of this Act, the judicial council for the 
     former ninth circuit shall make assignments of the circuit 
     judges of the former ninth circuit to the new ninth circuit 
     and the twelfth circuit, consistent with the provisions of 
     this Act.
       (b) Clerk of the Court.--The Clerk of the Court for the 
     Twelfth Circuit United States Court of Appeals shall be 
     located in Phoenix, Arizona.

     SEC. 6. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.

       Each judge who is a senior judge of the former ninth 
     circuit on the day before the effective date of this Act may 
     elect to be assigned to the new ninth circuit or to the 
     twelfth circuit and shall notify the Director of the 
     Administrative Office of the United States Courts of such 
     election.

     SEC. 7. SENIORITY OF JUDGES.

       The seniority of each judge--
       (1) who is assigned under section 5 of this Act; or
       (2) who elects to be assigned under section 6 of this Act;

     shall run from the date of commission of such judge as a 
     judge of the former ninth circuit.

     SEC. 8. APPLICATION TO CASES.

       The provisions of the following paragraphs of this section 
     apply to any case in which, on the day before the effective 
     date of this Act, an appeal or other proceeding has been 
     filed with the former ninth circuit:
       (1) If the matter has been submitted for decision, further 
     proceedings in respect of the matter shall be had in the same 
     manner and with the same effect as if this Act had not been 
     enacted.
       (2) If the matter has not been submitted for decision, the 
     appeal or proceeding, together with the original papers, 
     printed records, and record entries duly certified, shall, by 
     appropriate orders, be transferred to the court to which it 
     would have gone had this Act been in full force and effect at 
     the time such appeal was taken or other proceeding commenced, 
     and further proceedings in respect of the case shall be had 
     in the same manner and with the same effect as if the appeal 
     or other proceeding had been filed in such court.
       (3) A petition for rehearing or a petition for rehearing en 
     banc in a matter decided before the effective date of this 
     Act, or submitted before the effective date of this Act and 
     decided on or after the effective date as provided in 
     paragraph (1) of this section, shall be treated in the same 
     manner and with the same effect as though this Act had not 
     been enacted. If a petition for rehearing en banc is granted, 
     the matter shall be reheard by a court comprised as though 
     this Act had not been enacted.

     SEC. 9. DEFINITIONS.

       For purposes of this Act, the term--
       (1) ``former ninth circuit'' means the ninth judicial 
     circuit of the United States as in existence on the day 
     before the effective date of this Act;
       (2) ``new ninth circuit'' means the ninth judicial circuit 
     of the United States established by the amendment made by 
     section 2(2) of this Act; and
       (3) ``twelfth circuit'' means the twelfth judicial circuit 
     of the United States established by the amendment made by 
     section 2(3) of this Act.

     SEC. 10. ADMINISTRATION.

       The court of appeals for the ninth circuit as constituted 
     on the day before the effective date of this Act may take 
     such administrative action as may be required to carry out 
     this Act. Such court shall cease to exist for administrative 
     purposes on July 1, 1997.

     SEC. 11. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect 60 days after the date of the enactment of this Act.


                           Amendment No. 3558

(Purpose: To establish a Commission on Structural Alternatives for the 
                       Federal Courts of Appeals)

  Mr. MURKOWSKI. Mr. President, on behalf of Senators Feinstein, Reid, 
Burns, and others, I send a substitute amendment to the desk and I ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Alaska [Mr. Murkowski], for Mrs. 
     Feinstein, for herself, Mr. Reid, Mr. Burns, Mr. Biden, Mr. 
     Kennedy, and Mr. Akaka, proposes an amendment numbered 3558.

  The text of the amendment follows:
       Strike all after the enacting clause and insert;

     COMMISSION ON STRUCTURAL ALTERNATIVES FOR THE FEDERAL COURTS 
                   OF APPEALS

     SECTION 1. ESTABLISHMENT AND FUNCTIONS OF COMMISSION.

       (a) Establishment.--There is established a Commission on 
     Structural Alternatives for the Federal Courts of Appeals 
     (hereinafter referred to as the ``Commission'').
       (b) Functions.--The function of the Commission shall be 
     to--
       (1) study the present division of the United States into 
     the several judicial circuits;
       (2) study the structure and alignment of the Federal courts 
     of appeals with particular reference to the Ninth Circuit; 
     and
       (3) report to the President and the Congress its 
     recommendations for such changes in circuit boundaries or 
     structure as may be appropriate for the expeditious and 
     effective disposition of the caseload of the Federal Courts 
     of Appeals, consistent with fundamental concepts of fairness 
     and due process.

     SEC. 2. MEMBERSHIP.

       (a) Composition.--The Commission shall be composed of 
     eleven members appointed as follows:
       (1) Two members appointed by the President of the United 
     States.
       (2) Three members appointed by the Majority Leader, in 
     consultation with the Minority Leader of the Senate.
       (3) Three members appointed by the Speaker of the House of 
     Representatives in consultation with the Minority Leader of 
     the House of Representatives.
       (4) Three members appointed by the Chief Justice of the 
     United States.
       (b) Vacancy.--Any vacancy in the Commission shall be filled 
     in the same manner as the original appointment.
       (c) Chair.--The Commission shall elect a Chair and Vice 
     Chair from among its members.
       (d) Quorum.--Six members of the Commission shall constitute 
     a quorum, but three may conduct hearings.

     SEC. 3. COMPENSATION.

       (a) In General.--Members of the Commission who are 
     officers, or full-time employees, of the United States shall 
     receive no additional compensation for their services; but 
     shall be reimbursed for travel, subsistence, and other 
     necessary expenses incurred in the performance of duties 
     vested in the Commission, but not exceeding the maximum 
     amounts authorized under section 456 of title 28, United 
     States Code.
       (b) Private Members.--Members of the Commission from 
     private life shall receive $200 per diem for each day 
     (including traveltime) during which the member is engaged in 
     the actual performance of duties vested in the Commission, 
     plus reimbursement for travel, subsistence, and other 
     necessary expenses incurred in the performance of such 
     duties, but not in excess of the maximum amounts authorized 
     under section 456 of title 28, United States Code.

     SEC. 4. PERSONNEL.

       (a) Executive Director.--The Commission may appoint an 
     Executive Director who shall receive compensation at a rate 
     not exceeding the rate prescribed for level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.
       (b) Staff.--The Executive Director, with approval of the 
     Commission, may appoint

[[Page S2545]]

     and fix the compensation of such additional personnel as he 
     determines necessary, without regard to the provisions of 
     title 5, United States Code, governing appointments in the 
     competitive service or the provisions of chapter 51 and 
     subchapter III of chapter 53 of such title relating to 
     classification and General Schedule pay rates. Compensation 
     under this subsection shall not exceed the annual maximum 
     rate of basic pay for a position above GS-15 of the General 
     Schedule under section 5108 of title 5, United States Code.
       (c) Experts and Consultants.--The Director may procure 
     personal services of experts and consultants as authorized by 
     section 3109 of title 5, United States Code, at rates not to 
     exceed the highest level payable under the General Schedule 
     pay rates under section 5332 of title 5, United States Code.
       (d) Services.--The Administrative Office of the United 
     States Courts shall provide administrative services, 
     including financial and budgeting services, for the 
     Commission on a reimbursable basis. The Federal Judicial 
     Center shall provide necessary research services on a 
     reimbursable basis.

     SEC. 5. INFORMATION.

       The Commission is authorized to request from any 
     department, agency, or independent instrumentality of the 
     Government any information and assistance it determines 
     necessary to carry out its functions under this title and 
     each such department, agency, and independent instrumentality 
     is authorized to provide such information and assistance to 
     the extent permitted by law when requested by the Chair of 
     the Commission.

     SEC. 6. REPORT.

       The Commission shall transmit its report to the President 
     and the Congress no later than February 28, 1997. The 
     Commission shall terminate ninety days after the date of the 
     submission of its report.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Commission 
     such sums, not to exceed $500,000, as may be necessary to 
     carry out the purposes of this title. Such sums as are 
     appropriated shall remain available until expended.

     SEC. 8. CONGRESSIONAL CONSIDERATION.

       Within sixty days of the transmission of the report, the 
     Committee on the Judiciary of the Senate shall act on the 
     report.

  The PRESIDING OFFICER. Without objection, the amendment is agreed to.
  So the amendment (No. 3558) was agreed to.
  Mr. MURKOWSKI. Mr. President, I move to reconsider the vote and lay 
that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The bill is open to further amendment. If 
there be no further amendment to be proposed, the question is on 
agreeing to the committee amendment in the nature of a substitute, as 
amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The PRESIDING OFFICER. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to engrossed for a third reading, was read the 
third time, and passed, as follows:

                                 S. 956

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

COMMISSION ON STRUCTURAL ALTERNATIVES FOR THE FEDERAL COURTS OF APPEALS

     SECTION. 1. ESTABLISHMENT AND FUNCTIONS OF COMMISSION.

       (a) Establishment.--There is established a Commission on 
     Structural Alternatives for the Federal Courts of Appeals 
     (hereinafter referred to as the ``Commission'').
       (b) Functions.--The function of the Commission shall be 
     to--
       (1) study the present division of the United States into 
     the several judicial circuits;
       (2) study the structure and alignment of the Federal courts 
     of appeals with particular reference to the ninth circuit; 
     and
       (3) report to the President and the Congress its 
     recommendations for such changes in circuit boundaries or 
     structure as may be appropriate for the expeditious and 
     effective disposition of the caseload of the Federal Courts 
     of Appeal, consistent with fundamental concepts of fairness 
     and due process.

     SEC. 2. MEMBERSHIP.

       (a) Composition.--The Commission shall be composed of 
     eleven members appointed as follows:
       (1) Two members appointed by the President of the United 
     States.
       (2) Three members appointed by the Majority Leader of the 
     Senate, in consultation with the Minority Leader of the 
     Senate.
       (3) Three members appointed by the Speaker of the House of 
     Representatives, in consultation with the Minority Leader of 
     the House of Representatives.
       (4) Three members appointed by the Chief Justice of the 
     United States.
       (b) Vacancy.--Any vacancy in the Commission shall be filled 
     in the same manner as the original appointment.
       (c) Chair.--The Commission shall elect a Chair and Vice 
     Chair from among its members.
       (d) Quorum.--Six members of the Commission shall constitute 
     a quorum, but three may conduct hearings.

     SEC. 3. COMPENSATION.

       (a) In General.--Members of the Commission who are 
     officers, or full-time employees, of the United States shall 
     receive no additional compensation for their services, but 
     shall be reimbursed for travel, subsistence, and other 
     necessary expenses incurred in the performance of duties 
     vested in the Commission, but not exceeding the maximum 
     amounts authorized under section 456 of title 28, United 
     States Code.
       (b) Private Members.--Members of the Commission from 
     private life shall receive $200 per diem for each day 
     (including traveltime) during which the member is engaged in 
     the actual performance of duties vested in the Commission, 
     plus reimbursement for travel, subsistence, and other 
     necessary expenses incurred in the performance of such 
     duties, but not in excess of the maximum amounts authorized 
     under section 456 of title 28, United States Code.

     SEC. 4. PERSONNEL.

       (a) Executive Director.--The Commission may appoint an 
     Executive Director who shall receive compensation at a rate 
     not exceeding the rate prescribed for level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.
       (b) Staff.--The Executive Director, with approval of the 
     Commission, may appoint and fix the compensation of such 
     additional personnel as he determines necessary, without 
     regard to the provisions of title 5, United States Code, 
     governing appointments in the competitive service or the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     such title relating to classification and General Schedule 
     pay rates. Compensation under this subsection shall not 
     exceed the annual maximum rate of basic pay for a position 
     above GS-15 of the General Schedule under section 5108 of 
     title 5, United States Code.
       (c) Experts and Consultants.--The Director may procure 
     personal services of experts and consultants as authorized by 
     section 3109 of title 5, United States Code, at rates not to 
     exceed the highest level payable under the General Schedule 
     pay rates under section 5332 of title 5, United States Code.
       (d) Services.--The Administrative Office of the United 
     States Courts shall provide administrative services, 
     including financial and budgeting services, for the 
     Commission on a reimbursable basis. The Federal Judicial 
     Center shall provide necessary research services on a 
     reimbursable basis.

     SEC. 5. INFORMATION.

       The Commission is authorized to request from any 
     department, agency, or independent instrumentality of the 
     Government any information and assistance it determines 
     necessary to carry out its functions under this title and 
     each such department, agency, and independent instrumentality 
     is authorized to provide such information and assistance to 
     the extent permitted by law when requested by the Chair of 
     the Commission.

     SEC. 6. REPORT.

       The Commission shall transmit its report to the President 
     and the Congress no later than February 28, 1997. The 
     Commission shall terminate ninety days after the date of the 
     submission of its report.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Commission 
     such sums, not to exceed $500,000, as may be necessary to 
     carry out the purposes of this title. Such sums as are 
     appropriated shall remain available until expended.

     SEC. 8. CONGRESSIONAL CONSIDERATION.

       Within sixty days of the transmission of the report, the 
     Committee on the Judiciary of the Senate shall act on the 
     report.

  Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the title 
be amended to read: ``A bill to Establish a Commission on Structural 
Alternatives for the Federal Courts of Appeals.''
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The title was amended so as to read: ``A bill to establish a 
Commission on Structural Alternatives for the Federal Courts of 
Appeals.''

                          ____________________