[Congressional Record Volume 142, Number 55 (Thursday, April 25, 1996)]
[House]
[Pages H3842-H4043]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  CONFERENCE REPORT ON H.R. 3019, BALANCED BUDGET DOWN PAYMENT ACT, II

  Mr. LIVINGSTON submitted the following conference report and 
statement on the bill (H.R. 3019) making appropriations for fiscal year 
1996 to make a further downpayment toward a balanced budget, and for 
other purposes:

                  Conference Report (H. Rept. 104-537)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     3019) ``making appropriations for fiscal year 1996 to make a 
     further downpayment toward a balanced budget, and for other 
     purpses,'' having met, after full and free conference, have 
     agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted, 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) For programs, projects or activities in the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1996, 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 48 
     permanent positions and 55 full-time equivalent workyears and 
     $7,477,000 shall be expended for the Department Leadership 
     Program, exclusive of augmentation that occurred in these 
     offices in fiscal year 1995: Provided further, That not to 
     exceed 76 permanent positions and 90 full-time equivalent 
     workyears and $9,487,000 shall be expended for the Offices of 
     Legislative Affairs, Public Affairs and Policy Development: 
     Provided further, That the latter three aforementioned 
     offices shall not be augmented by personnel details, 
     temporary transfers of personnel on either a reimbursable or 
     non-reimbursable basis or any other type of formal or 
     informal transfer or reimbursement of personnel or funds on 
     either a temporary or long-term basis.


                         counterterrorism fund

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

[[Page H3843]]

     General notifies the Committees on Appropriations of the 
     House of Representatives and the Senate in accordance with 
     section 605 of this Act.


                   administrative review and appeals

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


  violent crime reduction programs, administrative review and appeals

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


                      office of inspector general

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

                    United States Parole Commission


                         salaries and expenses

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

                            Legal Activities


            salaries and expenses, general legal activities

                     (including transfer of funds)

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


       violent crime reduction programs, general legal activities

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


               salaries and expenses, antitrust division

       For expenses necessary for the enforcement of antitrust and 
     kindred laws, $65,783,000: Provided, That notwithstanding any 
     other provision of law, not to exceed $48,262,000 of 
     offsetting collections derived from fees collected for 
     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.

[[Page H3844]]

           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 law, upon a determination by the Attorney 
     General that emergent circumstances require additional 
     funding for conflict prevention and resolution activities of 
     the Community Relations 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, in addition, $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

[[Page H3845]]

     1995 from the Ford Foundation for the Immigration and 
     Naturalization Service's Operation Jobs program.


                    violent crime Reduction programs

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


                              construction

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

                         Federal Prison System


                         salaries and expenses

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


                    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''); 
     $1,605,200,000, to remain available until expended, which 
     shall be derived from the Violent Crime Reduction Trust Fund; 
     of which $503,000,000 shall be for Local Law Enforcement 
     Block Grants, pursuant to H.R. 728 as passed by the House of 
     Representatives on February 14, 1995, except that for 
     purposes of this Act, the Commonwealth of Puerto Rico shall 
     be considered a ``unit of local government'' as well as a 
     ``state'', 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 no funds provided 
     under this heading may be used as matching funds for any 
     other federal grant program: Provided further, That 
     notwithstanding any other provision of this title, the 
     Attorney General may transfer up to $18,000,000 of this 
     amount for drug courts pursuant to title V of the 1994 Act, 
     consistent with the reprogramming procedures outlined in 
     section 605 of this Act: Provided further, That in lieu of 
     any amount provided from the Local

[[Page H3846]]

     Law Enforcement Block Grant for the District of Columbia, 
     $15,000,000 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, for the District of Columbia Metropolitan Police 
     Department for law enforcement purposes and shall be 
     disbursed from such escrow account pursuant to the 
     instructions of the Authority and in accordance with a plan 
     developed by the Chief of Police, after consultation with the 
     Committees on Appropriations and Judiciary of the Senate and 
     House of Representatives: Provided further, That $11,000,000 
     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 funds may also 
     be used to defray the costs of indemnification insurance for 
     law enforcement officers; $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.

                  Community Oriented Policing Services


                    Violent crime reduction programs

       For activities authorized by the Violent Crime Control and 
     Law Enforcement Act of 1994, Public Law 103-322 (``the 1994 
     Act'') (including administrative costs); $1,400,000,000, to 
     remain available until expended, which shall be derived froim 
     the Violent Crime Reduction Trust Fund, for Public Safety and 
     Community Policing Grants pursuant to title I of the 1994 
     Act: Provided, That of this amount, $10,000,000 shall be 
     available for programs of Police Corps education, training 
     and service as set forth in sections 200101-200113 of the 
     1994 Act: Provided further, That not to exceed 130 permanent 
     positions and 130 full-time equivalent workyears and 
     $14,602,000 shall be expended for program management and 
     administration.


                       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. 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.

       ``Unless otherwise provided, for purposes of this 
     subtitle--
       ``(1) the term `indeterminate sentencing' means a system by 
     which--
       ``(A) the court may impose a sentence of a range defined by 
     statute; and
       ``(B) an administrative agency, generally the parole board, 
     or the court, controls release within the statutory range;
       ``(2) the term `part 1 violent crime' means murder and 
     nonnegligent manslaughter, forcible rape, robbery, and 
     aggravated assault as reported to the Federal Bureau of 
     Investigation for purposes of the Uniform Crime Reports; and
       ``(3) the term `State' means a State of the United States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the United States Virgin Islands, American Samoa, Guam, and 
     the Northern Mariana Islands.

     ``SEC. 20102. AUTHORIZATION OF GRANTS.

       ``(a) In General.--The Attorney General shall provide 
     Violent Offender Incarceration grants under section 20103 and 
     Truth-in-Sentencing Incentive grants under section 20104 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 or 20104, 
     each member State must be eligible individually.
       ``(3) Limitation on receipt of funds.--No State may receive 
     a grant under this subtitle both individually and as part of 
     a compact.
       ``(c) Applicability.--Notwithstanding the eligibility 
     requirements of section 20104, a State that certifies to the 
     Attorney General that, as of the date of enactment of the 
     Department of Justice Appropriations Act, 1996, such State 
     has enacted legislation in reliance on subtitle A of title II 
     of the Violent Crime Control and Law Enforcement Act, as 
     enacted on September 13, 1994, and would in fact qualify 
     under those provisions, shall be eligible to receive a grant 
     for fiscal year 1996 as though such State qualifies under 
     section 20104 of this subtitle.

     ``SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.

       ``(a) Eligibility for Minimum Grant.--To be eligible to 
     receive a minimum grant under this section, 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) Additional Amount for Increased Percentage of Persons 
     Sentenced and Time

[[Page H3847]]

     Served.--A State that received a grant under subsection (a) 
     is eligible to receive additional grant amounts if such State 
     demonstrates that the State has, since 1993--
       ``(1) increased the percentage of persons arrested for a 
     part 1 violent crime sentenced to prison; or
       ``(2) increased the average prison time actually served or 
     the average percent of sentence served by persons convicted 
     of a part 1 violent crime.

     Receipt of grant amounts under this subsection does not 
     preclude eligibility for a grant under subsection (c).
       ``(c) Additional Amount for Increased Rate of Incarceration 
     and Percentage of Sentence Served.--A State that received a 
     grant under subsection (a) is eligible to receive additional 
     grant amounts if such State demonstrates that the State has--
       ``(1) since 1993, increased the percentage of persons 
     arrested for a part 1 violent crime sentenced to prison, and 
     has increased the average percent of sentence served by 
     persons convicted of a part 1 violent crime; or
       ``(2) has increased by 10 percent or more over the most 
     recent 3-year period the number of new court commitments to 
     prison of persons convicted of part 1 violent crimes.

     Receipt of grant amounts under this subsection does not 
     preclude eligibility for a grant under subsection (b).

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

       ``(a) Eligibility.--To be eligible to receive a grant award 
     under this section, a State shall submit an application to 
     the Attorney General that demonstrates that--
       ``(1) such State has implemented truth-in-sentencing laws 
     that--
       ``(A) require persons convicted of a part 1 violent crime 
     to serve not less than 85 percent of the sentence imposed 
     (without counting time not actually served, such as 
     administrative or statutory incentives for good behavior); or
       ``(B) result in persons convicted of a part 1 violent crime 
     serving on average not less than 85 percent of the sentence 
     imposed (without counting time not actually served, such as 
     administrative or statutory incentives for good behavior);
       ``(2) such State has truth-in-sentencing laws that have 
     been enacted, but not yet implemented, that require such 
     State, not later than 3 years after such State submits an 
     application to the Attorney General, to provide that persons 
     convicted of a part 1 violent crime serve not less than 85 
     percent of the sentence imposed (without counting time not 
     actually served, such as administrative or statutory 
     incentives for good behavior); or
       ``(3) 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--
       ``(A) persons convicted of a part 1 violent crime on 
     average serve not less than 85 percent of the prison term 
     established under the State's sentencing and release 
     guidelines; or
       ``(B) persons convicted of a part 1 violent crime on 
     average serve not less than 85 percent of the maximum prison 
     term allowed under the sentence imposed by the court (not 
     counting time not actually served such as administrative or 
     statutory incentives for good behavior).
       ``(b) Exception.--Notwithstanding subsection (a), a State 
     may provide that the Governor of the State may allow for the 
     earlier release of--
       ``(1) a geriatric prisoner; or
       ``(2) a prisoner whose medical condition precludes the 
     prisoner from posing a threat to the public, but only after a 
     public hearing in which representatives of the public and the 
     prisoner's victims have had an opportunity to be heard 
     regarding a proposed release.

     ``SEC. 20105. SPECIAL RULES.

       ``(a) Sharing of Funds With Counties and Other Units of 
     Local Government.--
       ``(1) Reservation.--Each State shall reserve not more than 
     15 percent of the amount of funds allocated in a fiscal year 
     pursuant to section 20106 for counties and units of local 
     government to construct, develop, expand, modify, or improve 
     jails and other correctional facilities.
       ``(2) Factors for determination of amount.--To determine 
     the amount of funds to be reserved under this subsection, a 
     State shall consider the burden placed on a county or unit of 
     local government that results from the implementation of 
     policies adopted by the State to carry out section 20103 or 
     20104.
       ``(b) Additional Requirement.--To be eligible to receive a 
     grant under section 20103 or 20104, a State shall provide 
     assurances to the Attorney General that the State has 
     implemented or will implement not later than 18 months after 
     the date of the enactment of this subtitle, policies that 
     provide for the recognition of the rights and needs of crime 
     victims.
       ``(c) Funds for Juvenile Offenders.--Notwithstanding any 
     other provision of this subtitle, if a State, or unit of 
     local government located in a State that otherwise meets the 
     requirements of section 20103 or 20104, 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.--For purposes of this subtitle, ``part 1 
     violent crime'' means a part 1 violent crime as defined in 
     section 20101(3), or a crime in a reasonably comparable class 
     of serious violent crimes as approved by the Attorney 
     General.

     ``SEC. 20106. FORMULA FOR GRANTS.

       ``(a) Allocation of violent offender incarceration grants 
     under section 20103.--
       ``(1) Formula allocation.--85 percent of the amount 
     available for grants under section 20103 for any fiscal year 
     shall be allocated as follows (except that a State may not 
     receive more than 9 percent of the total amount of funds made 
     available under this paragraph):
       ``(A) 0.75 percent shall be allocated to each State that 
     meets the requirements of section 20103(a), except that the 
     United States Virgin Islands, American Samoa, Guam, and the 
     Commonwealth of the Northern Mariana Islands, if eligible 
     under section 20103(a), shall each be allocated 0.05 percent.
       ``(B) The amount remaining after application of 
     subparagraph (A) shall be allocated to each State that meets 
     the requirements of section 20103(b), in the ratio that the 
     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 States 
     that meet the requirements of section 20103(b) to the Federal 
     Bureau of Investigation for the 3 years preceding the year in 
     which the determination is made.
       ``(2) Additional allocation.--15 percent of the amount 
     available for grants under section 20103 for any fiscal year 
     shall be allocated to each State that meets the requirements 
     of section 20103(c) as follows:
       ``(A) 3.0 percent shall be allocated to each State that 
     meets the requirements of section 20103(c), except that the 
     United States Virgin Islands, American Samoa, Guam, and the 
     Commonwealth of the Northern Mariana Islands, if eligible 
     under such subsection, shall each be allocated 0.03 percent.
       ``(B) The amount remaining after application of 
     subparagraph (A) shall be allocated to each State that meets 
     the requirements of section 20103(c), in the ratio that the 
     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 States 
     that meet the requirements of section 20102(c) to the Federal 
     Bureau of Investigation for the 3 years preceding the year in 
     which the determination is made.
       ``(b) Allocation of Truth-in-Sentencing Grants under 
     Section 20104.--The amounts available for grants for section 
     20104 shall be allocated to each State that meets the 
     requirements of section 20104 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 States that meet the requirements of section 
     20104 to the Federal Bureau of Investigation for the 3 years 
     preceding the year in which the determination is made, except 
     that a State may not receive more than 25 percent of the 
     total amount available for such grants.
       ``(c) Unavailable Data.--If data regarding part 1 violent 
     crimes in any State is substantially inaccurate or is 
     unavailable for the 3 years preceding the year in which the 
     determination is made, the Attorney General shall utilize the 
     best available comparable data regarding the number of 
     violent crimes for the previous year for the State for the 
     purposes of allocation of funds under this subtitle.
       ``(d) Regional Compacts.--In determining the amount of 
     funds that States organized as a regional compact may 
     receive, the Attorney General shall first apply the formula 
     in either subsection (a) or (b) and (c) of this section to 
     each member State of the compact. The States organized as a 
     regional compact may receive the sum of the amounts so 
     determined.

     ``SEC. 20107. ACCOUNTABILITY.

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

     ``SEC. 20108. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--
       ``(1) Authorizations.--There are authorized to be 
     appropriated to carry out this subtitle--
       ``(A) $997,500,000 for fiscal year 1996;
       ``(B) $1,330,000,000 for fiscal year 1997;
       ``(C) $2,527,000,000 for fiscal year 1998;
       ``(D) $2,660,000,000 for fiscal year 1999; and
       ``(E) $2,753,100,000 for fiscal year 2000.
       ``(2) Distribution.--
       ``(A) In general.--Of the amounts remaining after the 
     allocation of funds for the purposes set forth under sections 
     20110, 20111, and 20109, the Attorney General shall, from 
     amounts authorized to be appropriated under paragraph (1) for 
     each fiscal year, distribute 50 percent for incarceration 
     grants under section 20103, and 50 percent for incentive 
     grants under section 20104.
       ``(B) Distribution of minimum amounts.--The Attorney 
     General shall distribute minimum

[[Page H3848]]

     amounts allocated for section 20103(a) 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 or a Truth-in-
     Sentencing Incentive grant under section 20104.
       ``(b) Limitations on Funds.--
       ``(1) Uses of funds.--Except as provided in section 20110 
     and 20111, funds made available pursuant to this section 
     shall be used only to carry out the purposes described in 
     section 20102(a).
       ``(2) Nonsupplanting requirement.--Funds made available 
     pursuant to this section shall not be used to supplant State 
     funds, but shall be used to increase the amount of funds that 
     would, in the absence of Federal funds, be made available 
     from State sources.
       ``(3) Administrative costs.--Not more than 3 percent of the 
     funds that remain available after carrying out sections 
     20109, 20110, and 20111 shall be available to the Attorney 
     General for purposes of--
       ``(A) administration;
       ``(B) research and evaluation, including assessment of the 
     effect on public safety and other effects of the expansion of 
     correctional capacity and sentencing reforms implemented 
     pursuant to this subtitle;
       ``(C) technical assistance relating to the use of grant 
     funds, and development and implementation of sentencing 
     reforms implemented pursuant to this subtitle; and
       ``(D) data collection and improvement of information 
     systems relating to the confinement of violent offenders and 
     other sentencing and correctional matters.
       ``(4) Carryover of appropriations.--Funds appropriated 
     pursuant to this section during any fiscal year shall remain 
     available until expended.
       ``(5) Matching funds.--The Federal share of a grant 
     received under this subtitle may not exceed 90 percent of the 
     costs of a proposal as described in an application approved 
     under this subtitle.

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

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

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

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

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

       ``(a) In General.--The Attorney General may make payments 
     to States and units of local government for the purposes 
     authorized in section 4013 of title 18, United States Code.
       ``(b) Authorization of Appropriations.--Notwithstanding any 
     other provision of this subtitle other than section 
     20108(a)(2), there are authorized to be appropriated from 
     amounts authorized under section 20108 for each of fiscal 
     years 1996 through 2000 such sums as may be necessary to 
     carry out this section.

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

       ``Beginning on October 1, 1996, and each subsequent July 1 
     thereafter, the Attorney General shall report to the Congress 
     on the implementation of this subtitle, including a report on 
     the eligibility of the States under sections 20103 and 20104, 
     and the distribution and use of funds under this subtitle.''.
       (b) 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. Violent offender incarceration grants.
``Sec. 20104. Truth-in-sentencing incentive grants.
``Sec. 20105. Special rules.
``Sec. 20106. Formula for grants.
``Sec. 20107. Accountability.
``Sec. 20108. Authorization of appropriations.
``Sec. 20109. Payments for Incarceration on Tribal Lands.
``Sec. 20110. Payments to eligible States for incarceration of criminal 
              aliens.
``Sec. 20111. Support of Federal prisoners in non-Federal institutions.
``Sec. 20112. Report by the Attorney General.''.

       Sec. 120. The pilot debt collection project authorized by 
     Public Law 99-578, as amended, is extended through September 
     30, 1997.
       Sec. 121. 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 course of education leading to 
     the award of either a baccalaureate or graduate degree in a 
     course of study which, in the judgment of the State or local 
     police force to which the participant will be assigned, 
     includes appropriate preparation for police service including 
     the cost of tuition, fees, books, supplies, transportation, 
     room and board and miscellaneous expenses.''
       Sec. 122. Section 524(c) of title 28, United States Code, 
     is amended by striking subparagraph (8)(E), as added by 
     section 110 of the Department of Justice and Related Agencies 
     Appropriations Act, 1995 (P.L. 103-317, 108 Stat. 1735 
     (1994)).
       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;

[[Page H3849]]

     $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 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 and the Advanced Technology Program of the 
     National Institute of Standards and Technology, $301,000,000, 
     to remain available until expended, of which $80,000,000 
     shall be for the Manufacturing Extension Partnership, and of 
     which $221,000,000 shall be for the Advanced Technology 
     Program: Provided, That not to exceed $500,000 may be 
     transferred to the ``Working Capital Fund''.


                  construction of research facilities

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

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities

                     (including transfer of funds)

       For necessary expenses of activities authorized by law for 
     the National Oceanic and Atmospheric Administration, 
     including acquisition, maintenance, operation, and hire of 
     aircraft; not to exceed 358 commissioned officers on the 
     active list; grants, contracts, or other payments to 
     nonprofit organizations for the purposes of conducting 
     activities pursuant to cooperative agreements; and 
     alteration, modernization, and relocation of facilities as 
     authorized by 33 U.S.C. 883i; $1,795,677,000, to remain 
     available until expended: Provided, That notwithstanding 31 
     U.S.C. 3302 but consistent with other existing law, fees 
     shall be assessed, collected, and credited to this 
     appropriation as offsetting collections to be available until 
     expended, to recover the costs of administering

[[Page H3850]]

     aeronautical charting programs: Provided further, That the 
     sum herein appropriated from the general fund shall be 
     reduced as such additional fees are received during fiscal 
     year 1996, so as to result in a final general fund 
     appropriation estimated at not more than $1,792,677,000: 
     Provided further, That any such additional fees received in 
     excess of $3,000,000 in fiscal year 1996 shall not be 
     available for obligation until October 1, 1996: Provided 
     further, That fees and donations received by the National 
     Ocean Service for the management of the national marine 
     sanctuaries may be retained and used for the salaries and 
     expenses associated with those activities, notwithstanding 31 
     U.S.C. 3302: Provided further, That in addition, $63,000,000 
     shall be derived by transfer from the fund entitled ``Promote 
     and Develop Fishery Products and Research Pertaining to 
     American Fisheries'': Provided further, That grants to States 
     pursuant to sections 306 and 306(a) of the Coastal Zone 
     Management Act, as amended, shall not exceed $2,000,000.


                      coastal zone management fund

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


                              construction

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


            fleet modernization, shipbuilding and conversion

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


            fishing vessel and gear damage compensation fund

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


                      fishermen's contingency fund

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


                     foreign fishing observer fund

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


                 fishing vessel obligations guarantees

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

                       Technology Administration

       Under Secretary for Technology/Office of Technology Policy


                         salaries and expenses

       For necessary expenses for the Under Secretary for 
     Technology/Office of Technology Policy, $7,000,000.

                         General Administration


                         salaries and expenses

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


                      office of inspector general

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

             National Institute of Standards and Technology


                  construction of research facilities

                              (rescission)

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

               General Provisions--Department of Commerce

       Sec. 201. During the current fiscal year, applicable 
     appropriations and funds made available to the Department of 
     Commerce by this Act shall be available for the activities 
     specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
     the extent and in the manner prescribed by the Act, and, 
     notwithstanding 31 U.S.C. 3324, may be used for advanced 
     payments not otherwise authorized only upon the certification 
     of officials designated by the Secretary that such payments 
     are in the public interest.
       Sec. 202. During the current fiscal year, appropriations 
     made available to the Department of Commerce by this Act for 
     salaries and expenses shall be available for hire of 
     passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
     1344; services as authorized by 5 U.S.C. 3109; and uniforms 
     or allowances therefor, as authorized by law (5 U.S.C. 5901-
     5902).
       Sec. 203. None of the funds made available by this Act may 
     be used to support the hurricane reconnaissance aircraft and 
     activities that are under the control of the United States 
     Air Force or the United States Air Force Reserve.
       Sec. 204. None of the funds provided in this or any 
     previous Act, or hereinafter made available to the Department 
     of Commerce shall be available to reimburse the Unemployment 
     Trust Fund or any other fund or account of the Treasury to 
     pay for any expenses paid before October 1, 1992, as 
     authorized by section 8501 of title 5, United States Code, 
     for services performed after April 20, 1990, by individuals 
     appointed to temporary positions within the Bureau of the 
     Census for purposes relating to the 1990 decennial census of 
     population.
       Sec. 205. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Commerce in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers: Provided, That 
     any transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       Sec. 206. (a) Should legislation be enacted to dismantle or 
     reorganize the Department of Commerce, the Secretary of 
     Commerce, no later than 90 days thereafter, shall submit to 
     the Committees on Appropriations of the House and the Senate 
     a plan for transferring funds provided in this Act to the 
     appropriate successor organizations: Provided, That the plan 
     shall include a proposal for transferring or rescinding funds 
     appropriated herein for agencies or programs terminated under 
     such legislation: Provided further, That such plan shall be 
     transmitted in accordance with section 605 of this Act.
       (b) The Secretary of Commerce or the appropriate head of 
     any successor organization(s) may use any available funds to 
     carry out legislation dismantling or reorganizing the 
     Department of Commerce to cover the costs of actions relating 
     to the abolishment, reorganization or transfer of functions 
     and any related personnel action, including voluntary 
     separation incentives if authorized by such legislation: 
     Provided, That the authority to transfer funds between 
     appropriations accounts that may be necessary to carry out 
     this section is provided in addition to authorities included 
     under section 205 of this Act: Provided further, That use of 
     funds to carry out this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section: 
     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.
       Sec. 210. None of the funds appropriated under this Act or 
     any other Act may be used to develop new fishery management 
     plans, amendments or regulations which create new individual 
     fishing quota, individual transferable quota,

[[Page H3851]]

     or new individual transferable effort allocation programs, or 
     to implement any such plans, amendments or regulations 
     approved by a Regional Fishery Management Council or the 
     Secretary of Commerce after January 4, 1995, until offsetting 
     fees to pay for the cost of administering such plans, 
     amendments or regulations are expressly authorized under the 
     Magnuson Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.). This restriction shall not apply in any way to 
     any such programs approved by the Secretary of Commerce prior 
     to January 4, 1995.
       Sec. 211. 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 ``help persons engaged in commercial fisheries, 
     either by providing assistance directly to those persons or 
     by providing assistance indirectly through States and local 
     government agencies and nonprofit organizations, for projects 
     or other measures to alleviate harm determined by the 
     Secretary to have been incurred'';
       (3) in paragraph (3), by striking ``a grant'' and inserting 
     ``direct assistance to a person'';
       (4) in paragraph (3), by striking ``gross revenues 
     annually,'' and inserting ``net revenues annually from 
     commercial fishing,'';
       (5) by striking paragraph (4) and inserting the following:
       ``(4)(A) Assistance may not be provided under this 
     subsection as part of a fishing capacity reduction program in 
     a fishery unless the Secretary determines that adequate 
     conservation and management measures are in place in that 
     fishery.
       ``(B) As a condition of awarding assistance with respect to 
     a vessel under a fishing capacity reduction program, the 
     Secretary shall--
       ``(i) prohibit the vessel from being used for fishing; and
       ``(ii) require that the vessel be--
       ``(I) scrapped or otherwise disposed of in a manner 
     approved by the Secretary; or
       ``(II) donated to a nonprofit organization and thereafter 
     used only for purposes of research, education, or training; 
     or
       ``(III) used for another non-fishing purpose provided the 
     Secretary determines that adequate measures are in place to 
     ensure that the vessel cannot reenter any fishery.
       ``(C) A vessel that is prohibited from fishing under 
     subparagraph (B) shall not be eligible for a fishery 
     endorsement under section 12108(a) of title 46, United States 
     Code, and any such endorsement for the vessel shall not be 
     effective.''; and
       (6) in paragraph (5), by striking ``for awarding grants'' 
     and all that follows through the end of the paragraph and 
     inserting ``for receiving assistance under this 
     subsection.''.
       Sec. 212. The Secretary may award contracts for 
     hydrographic, geodetic, and photogrammetric surveying and 
     mapping services in accordance with Title IX of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     541 et seq.).
       This title may be cited as the ``Department of Commerce and 
     Related Agencies Appropriations Act, 1996''.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States


                         salaries and expenses

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


                    care of the building and grounds

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

         United States Court of Appeals for the Federal Circuit


                         salaries and expenses

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

               United States Court of International Trade


                         salaries and expenses

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

    Courts of Appeals, District Courts, and Other Judicial Services


                         salaries and expenses

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


                    violent crime reduction programs

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


                           defender services

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


                    fees of jurors and commissioners

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


                             court security

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

           Administrative Office of the United States Courts


                         salaries and expenses

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

                        Federal Judicial Center


                         salaries and expenses

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

                       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.

[[Page H3852]]

       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, 
     $2,500,000 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, $892,000,000: Provided, That 
     any payment of arrearages shall be directed toward special 
     activities that are mutually agreed upon by the United States 
     and the respective international organization: Provided 
     further, That 20 percent of the funds appropriated in this 
     paragraph for the assessed contribution of the United States 
     to the United Nations shall be withheld from obligation and 
     expenditure until a certification is made under section 
     401(b) of Public Law 103-236 for fiscal year 1996: Provided 
     further, That certification under section 401(b) of Public 
     Law 103-236 for fiscal year 1996 may only be made if the 
     Committees on Appropriations and Foreign Relations of the 
     Senate and the Committees on Appropriations and International 
     Relations of the House of Representatives are notified of the 
     steps taken, and anticipated, to meet the requirements of 
     section 401(b) of Public Law 103-236 at least 15 days in 
     advance of the proposed certification: Provided further, That 
     none of the funds appropriated in this paragraph shall be 
     available for a United States contribution to an 
     international organization for the United States share of 
     interest costs made known to the United States Government by 
     such organization for loans incurred on or after October 1, 
     1984, through external borrowings: Provided further, That of 
     the funds appropriated in this paragraph, $80,000,000 may be 
     made available only on a quarterly basis and only after the 
     Secretary of State certifies on a quarterly basis that the 
     United Nations has taken no action to increase funding for 
     any United Nations program without identifying an offsetting 
     decrease elsewhere

[[Page H3853]]

     in the United Nations budget and cause the United Nations to 
     exceed its no growth budget for the biennium 1996-1997 
     adopted in December, 1995.


        CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

       For necessary expenses to pay assessed and other expenses 
     of international peacekeeping activities directed to the 
     maintenance or restoration of international peace and 
     security, $359,000,000: 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, 
     $38,700,000, of which not to exceed $50,000 shall be for 
     official reception and representation expenses as authorized 
     by the Act of September 26, 1961, as amended (22 U.S.C. 2551 
     et seq.).

                    United States Information Agency


                         salaries and expenses

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


                            technology fund

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


               educational and cultural exchange programs

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


           eisenhower exchange fellowship program trust fund

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


                    israeli arab scholarship program

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


              american studies collections endowment fund

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


                 international broadcasting operations

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


                          broadcasting to cuba

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


                           radio construction

       For an additional amount for the purchase, rent, 
     construction, and improvement of facilities

[[Page H3854]]

     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. Sections 6(a) and 6(b) of Public Law 101-454 are 
     repealed. In addition, notwithstanding any other provision of 
     law, Eisenhower Exchange Fellowships, Incorporated, may use 
     one-third of any earned but unused trust income from the 
     period 1992 through 1995 for Fellowship purposes in each of 
     fiscal years 1996 through 1998.
       Sec. 408. It is the sense of the Senate that none of the 
     funds appropriated or otherwise made available pursuant to 
     this Act should be used for the deployment of combat-equipped 
     forces of the Armed Forces of the United States for any 
     ground operations in Bosnia and Herzegovina unless--
       (1) Congress approves in advance the deployment of such 
     forces of the Armed Forces; or
       (2) the temporary deployment of such forces of the Armed 
     Forces of the United States into Bosnia and Herzegovina is 
     necessary to evacuate United Nations peacekeeping forces from 
     a situation of imminent danger, to undertake emergency air 
     rescue operations, or to provide for the airborne delivery of 
     humanitarian supplies, and the President reports as soon as 
     practicable to Congress after the initiation of the temporary 
     deployment, but in no case later than 48 hours after the 
     initiation of the deployment.
       Sec. 409. Any costs incurred by a Department or agency 
     funded under this title resulting from personnel actions 
     taken in response to funding reductions included in this 
     title shall be absorbed within the total budgetary resources 
     available to such Department or agency: Provided, That the 
     authority to transfer funds between appropriations accounts 
     as may be necessary to carry out this provision is provided 
     in addition to authorities included elsewhere in this Act: 
     Provided further, That use of funds to carry out this section 
     shall be treated as a reprogramming of funds under section 
     605 of this Act and shall not be available for obligation or 
     expenditure except in compliance with the procedures set 
     forth in that section.
       Sec. 410. 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,''.
       Sec. 411. 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.
       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 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,

[[Page H3855]]

     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, $50,000: Provided, That this shall be the final 
     Federal payment to the Competitiveness Policy Council.

                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; $185,709,000, of which not to 
     exceed $300,000 shall remain available until September 30, 
     1997, for research and policy studies: Provided, That 
     $126,400,000 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 $126,400,000 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 Federal Communications Commission 
     shall, not later than 30 days after receipt of a petition by 
     WQED, Pittsburgh, determine, without conducting a rulemaking 
     or other proceeding, whether to amend section 73.606 of Title 
     47l, Code of Federal Regulations, by deleting the asterisk 
     for the channel operating on 482-488 MHz in Pittsburgh, 
     Pennsylvania, based on the public interest, the existing 
     common ownership of two non-commercial broadcasting stations 
     in Pittsburgh, the financial distress of the licensee, and 
     the threat to the public of losing or impairing local public 
     broadcasting service in the area: Provided further, That the 
     Federal Communications Commission may solicit such comments 
     as it deems necessary in making this determination: Provided 
     further, That part of the determination, the Federal 
     Communications Commission shall not be required, 
     notwithstanding any other provision of law, to open the 
     channel to general application, and may determine that the 
     license therefor may be assigned by the licensee, subject to 
     prompt approval of the proposed assignee by the Federal 
     Communications Commission, and that the proceeds of the 
     initial assignment of the license for such channel, or any 
     portion thereof, shall be used solely in furtherance of 
     noncommercial broadcast operations, or for such other purpose 
     as the Federal Communications Commission may determine 
     appropriate.

                      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 therefore, as authorized by 5 U.S.C. 5901-02; 
     $14,855,000: Provided, That not to exceed $2,000 shall be 
     available for official reception and representation expenses.

                        Federal Trade Commission


                         salaries and expenses

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

               Japan-United States Friendship Commission


               japan-united states friendship trust fund

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

                       Legal Services Corporation


               payment to the legal services corporation

       For payment to the Legal Services Corporation to carry out 
     the purposes of the Legal Services Corporation Act of 1974, 
     as amended, $278,000,000, of which $269,400,000 is for basic 
     field programs and required independent audits carried out in 
     accordance with section 509; $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 
     $7,100,000 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 H3856]]

     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 H3857]]

       (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), (13), 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;
       (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 August 1, 1996, to all other activities of 
     the recipient or employee during the provision of legal 
     assistance for the case or matter; and
       (3) the requirements of paragraph (13) of section 504(a)--
       (A) shall apply 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) shall not apply 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 in writing any 
     noncompliance found by the auditor during the

[[Page H3858]]

     audit under this section within 5 business days to the Office 
     of the Inspector General and shall provide a copy of the 
     report simultaneously to the auditor. If the recipient fails 
     to report the noncompliance, the auditor shall report the 
     noncompliance directly to the Office of the Inspector General 
     within 5 business days of the recipient's failure to report. 
     The auditor shall not be liable in a private action for any 
     finding, conclusion, or statement expressed in a report made 
     pursuant to this section.
       (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 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. Any such action to remove, suspend, 
     or bar an auditor shall be only after notice to the auditor 
     and an opportunity for hearing. 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

[[Page H3859]]

     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.

                        State Justice Institute


                         salaries and expenses

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

                      TITLE VI--GENERAL PROVISIONS

       Sec. 601. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 602. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 603. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 604. If any provision of this Act or the application 
     of such provision to any person or circumstances shall be 
     held invalid, the remainder of the Act and the application of 
     each provision to persons or circumstances other than those 
     as to which it is held invalid shall not be affected thereby.
       Sec. 605 (a) None of the funds provided under this Act, or 
     provided under previous Appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 1996, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds which (1) creates new programs; (2) 
     eliminates a program, project, or activity; (3) increases 
     funds or personnel by any means for any project or activity 
     for which funds have been denied or restricted; (4) relocates 
     an office or employees; (5) reorganizes offices, programs, or 
     activities; or (6) contracts out or privatizes any functions 
     or activities presently performed by Federal employees; 
     unless the Appropriations Committees of both Houses of 
     Congress are notified fifteen days in advance of such 
     reprogramming of funds.
       (b) None of the funds provided under this Act, or provided 
     under previous Appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 1996, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming of funds in 
     excess of $500,000 or 10 percent, whichever is less, that (1) 
     augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or (3) results from any general 
     savings from a reduction in personnel which would result in a 
     change in existing programs, activities, or projects as 
     approved by Congress; unless the Appropriations Committees of 
     both Houses of Congress are notified fifteen days in advance 
     of such reprogramming of funds.
       Sec. 606. None of the funds made available in this Act may 
     be used for the construction, repair (other than emergency 
     repair), overhaul, conversion, or modernization of vessels 
     for the National Oceanic and Atmospheric Administration in 
     shipyards located outside of the United States.
       Sec. 607. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.
       Sec. 608. None of the funds made available in this Act may 
     be used to implement, administer, or enforce any guidelines 
     of the Equal Employment Opportunity Commission covering 
     harassment based on religion, when it is made known to the 
     Federal entity or official to which such funds are made 
     available that such guidelines do not differ in any respect 
     from the proposed guidelines published by the Commission on 
     October 1, 1993 (58 Fed. Reg. 51266).
       Sec. 609. None of the funds appropriated or otherwise made 
     available by this Act may be obligated or expended to pay for 
     any cost incurred for (1) opening or operating any United 
     States diplomatic or consular post in the Socialist Republic 
     of Vietnam that was not operating on July 11, 1995; (2) 
     expanding any United States diplomatic or consular post in 
     the Socialist Republic of Vietnam that was operating on July 
     11, 1995; or (3) increasing the total number of personnel 
     assigned to United States diplomatic or consular posts in the 
     Socialist Republic of Vietnam above the levels existing on 
     July 11, 1995, unless the President certifies within 60 days, 
     based upon all information available to the United States 
     Government that the Government of the Socialist Republic of 
     Vietnam is cooperating in full faith with the United States 
     in the following four areas:
       (1) Resolving discrepancy cases, live sightings and field 
     activities,
       (2) Recovering and repatriating American remains,
       (3) Accelerating efforts to provide documents that will 
     help lead to fullest possible accounting of POW/MLA's.
       (4) Providing further assistance in implementing trilateral 
     investigations with Laos.
       Sec. 610. None of the funds made available by this Act may 
     be used for any United Nations undertaking when it is made 
     known to the Federal official having authority to obligate or 
     expend such funds (1) that the United Nations undertaking is 
     a peacekeeping mission, (2) that such undertaking will 
     involve United States Armed Forces under the command or 
     operational control of a foreign national, and (3) that the 
     President's military advisors have not submitted to the 
     President a recommendation that such involvement is in the 
     national security interests of the United States and the 
     President has not submitted to the Congress such a 
     recommendation.
       Sec. 611. None of the funds made available in this Act 
     shall be used to provide the following amenities or personal 
     comforts in the Federal prison system--
       (1) in-cell television viewing except for prisoners who are 
     segregated from the general prison population for their own 
     safety;
       (2) the viewing of R, X, and NC-17 rated movies, through 
     whatever medium presented;
       (3) any instruction (live or through broadcasts) or 
     training equipment for boxing, wrestling, judo, karate, or 
     other martial art, or any bodybuilding or weightlifting 
     equipment of any sort;
       (4) possession of in-cell coffee pots, hot plates, or 
     heating elements; or
       (5) the use or possession of any electric or electronic 
     musical instrument.
       Sec. 612. None of the funds made available in title II for 
     the National Oceanic and Atmospheric Administration under the 
     heading ``Fleet Modernization, Shipbuilding and Conversion'' 
     may be used to implement sections 603, 604, and 605 of Public 
     Law 102-567.
       Sec. 613. None of the funds made available in this Act may 
     be used for ``USIA Television Marti Program'' under the 
     Television Broadcasting to Cuba Act or any other program of 
     United States Government television broadcasts to Cuba, when 
     it is made known to the Federal official having authority to 
     obligate or expend such funds that such use would be 
     inconsistent with the applicable provisions of the March 1995 
     Office of Cuba Broadcasting Reinventing Plan of the United 
     States Information Agency.
       Sec. 614. (a)(1) Section 5002 of title 18, United States 
     Code, is repealed.
       (2) The table of sections for chapter 401 of title 18, 
     United States Code, is amended by striking out the item 
     relating to the Advisory Corrections Council.
       (b) This section shall take effect 30 days after the date 
     of the enactment of this Act.
       Sec. 615. Any costs incurred by a Department or agency 
     funded under this Act resulting from personnel actions taken 
     in response to funding reductions included in this Act shall 
     be absorbed within the total budgetary resources available to 
     such Department or agency: Provided, That the authority to 
     transfer funds between appropriations accounts as may be 
     necessary to carry out this provision is provided in addition 
     to authorities included elsewhere in this Act: Provided 
     further, That use of funds to carry out this section shall be 
     treated as a reprogramming of funds under section 605 of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.
       Sec. 616. Notwithstanding section 106 of Public Law 104-91, 
     the general provisions for the Department of Justice that 
     were included in the conference report to accompany H.R. 2076 
     and were identified in the amendment to Public Law 104-91 
     made by section 211 of Public Law 104-99 shall continue to 
     remain in effect as enacted into law.
       Sec. 617. Upon enactment of this Act, the provisions of 
     section 201(a) of Public Law 104-99 are superseded.

                         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, 
     $64,500,000 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

[[Page H3860]]

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

[[Page H3861]]

       ``(4) the term `prisoner release order' includes any order, 
     including a temporary restraining order or preliminary 
     injunctive relief, that has the purpose or effect of reducing 
     or limiting the prison population, or that directs the 
     release from or nonadmission of prisoners to a prison;
       ``(5) the term `prison' means any Federal, State, or local 
     facility that incarcerates or detains juveniles or adults 
     accused of, convicted of, sentenced for, or adjudicated 
     delinquent for, violations of criminal law;
       ``(6) the term `private settlement agreement' means an 
     agreement entered into among the parties that is not subject 
     to judicial enforcement other than the reinstatement of the 
     civil proceeding that the agreement settled;
       ``(7) the term `prospective relief' means all relief other 
     than compensatory monetary damages;
       ``(8) the term `special master' means any person appointed 
     by a Federal court pursuant to Rule 53 of the Federal Rules 
     of Civil Procedure or pursuant to any inherent power of the 
     court to exercise the powers of a master, regardless of the 
     title or description given by the court; and
       ``(9) the term `relief' means all relief in any form that 
     may be granted or approved by the court, and includes consent 
     decrees but does not include private settlement 
     agreements.''.
       (b) Application of Amendment.--
       (1) In general.--Section 3626 of title 18, United States 
     Code, as amended by this section, shall apply with respect to 
     all prospective relief whether such relief was originally 
     granted or approved before, on, or after the date of the 
     enactment of this title.
       (2) Technical amendment.--Subsections (b) and (d) of 
     section 20409 of the Violent Crime Control and Law 
     Enforcement Act of 1994 are repealed.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of subchapter C of chapter 229 of title 18, United 
     States Code, is amended to read as follows:

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

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

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

     ``SEC. 7. SUITS BY PRISONERS.

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

     SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.

       (a) Filing Fees.--Section 1915 of title 28, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``(a) Any'' and inserting ``(a)(1) Subject 
     to subsection (b), any'';
       (B) by striking ``and costs'';
       (C) by striking ``makes affidavit'' and inserting ``submits 
     an affidavit that includes a statement of all assets such 
     prisoner possesses'';
       (D) by striking ``such costs'' and inserting ``such fees'';
       (E) by striking ``he'' each place it appears and inserting 
     ``the person'';
       (F) by adding immediately after paragraph
       (1), the following new paragraph:
       ``(2) A prisoner seeking to bring a civil action or appeal 
     a judgment in a civil action or proceeding without prepayment 
     of fees or security therefor, in addition to filing the 
     affidavit filed under paragraph (1), shall submit a certified 
     copy of the trust fund account statement (or institutional 
     equivalent) for the prisoner for the 6-month period 
     immediately preceding the filing of the complaint or notice 
     of appeal, obtained from the appropriate official of each 
     prison at which the prisoner is or was confined.''; and
       (G) by striking ``An appeal'' and inserting ``(3) An 
     appeal'';
       (2) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (c), (d), (e), and (f), respectively;
       (3) by inserting after subsection (a) the following new 
     subsection:
       ``(b)(1) Notwithstanding subsection (a), if a prisoner 
     brings a civil action or files an appeal in forma pauperis, 
     the prisoner shall be required to pay the full amount of a 
     filing fee. The court shall assess and, when funds exist, 
     collect, as a partial payment of any court fees required by 
     law, an initial partial filing fee of 20 percent of the 
     greater of--
       ``(A) the average monthly deposits to the prisoner's 
     account; or
       ``(B) the average monthly balance in the prisoner's account 
     for the 6-month period immediately preceding the filing of 
     the complaint or notice of appeal.

[[Page H3862]]

       ``(2) After payment of the initial partial filing fee, the 
     prisoner shall be required to make monthly payments of 20 
     percent of the preceding month's income credited to the 
     prisoner's account. The agency having custody of the prisoner 
     shall forward payments from the prisoner's account to the 
     clerk of the court each time the amount in the account 
     exceeds $10 until the filing fees are paid.
       ``(3) In no event shall the filing fee collected exceed the 
     amount of fees permitted by statute for the commencement of a 
     civil action or an appeal of a civil action or criminal 
     judgment.
       ``(4) In no event shall a prisoner be prohibited from 
     bringing a civil action or appealing a civil or criminal 
     judgment for the reason that the prisoner has no assets and 
     no means by which to pay the initial partial filing fee.'';
       (4) in subsection (c), as redesignated by paragraph (2), by 
     striking ``subsection (a) of this section'' and inserting 
     ``subsections (a) and (b) and the prepayment of any partial 
     filing fee as may be required under subsection (b)''; and
       (5) by amending subsection (e), as redesignated by 
     paragraph (2), to read as follows:
       ``(e)(1) The court may request an attorney to represent any 
     person unable to afford counsel.
       ``(2) Notwithstanding any filing fee, or any portion 
     thereof, that may have been paid, the court shall dismiss the 
     case at any time if the court determines that--
       ``(A) the allegation of poverty is untrue; or
       ``(B) the action or appeal--
       ``(i) is frivolous or malicious;
       ``(ii) fails to state a claim on which relief may be 
     granted; or
       ``(iii) seeks monetary relief against a defendant who is 
     immune from such relief.''.
       (b) Exception to Discharge of Debt in Bankruptcy 
     Proceeding.--Section 523(a) of title 11, United States Code, 
     is amended--
       (1) in paragraph (16), by striking the period at the end 
     and inserting ``; or''; and
       (2) by adding at the end the following new paragraph:
       ``(17) for a fee imposed by a court for the filing of a 
     case, motion, complaint, or appeal, or for other costs and 
     expenses assessed with respect to such filing, regardless of 
     an assertion of poverty by the debtor under section 1915 (b) 
     or (f) of title 28, or the debtor's status as a prisoner, as 
     defined in section 1915(h) of title 28.''.
       (c) Costs.--Section 1915(f) of title 28, United States Code 
     (as redesignated by subsection (a)(2)), is amended--
       (1) by striking ``(f) Judgment'' and inserting ``(f)(1) 
     Judgment'';
       (2) by striking ``cases'' and inserting ``proceedings''; 
     and
       (3) by adding at the end the following new paragraph:
       ``(2)(A) If the judgment against a prisoner includes the 
     payment of costs under this subsection, the prisoner shall be 
     required to pay the full amount of the costs ordered.
       ``(B) The prisoner shall be required to make payments for 
     costs under this subsection in the same manner as is provided 
     for filing fees under subsection (a)(2).
       ``(C) In no event shall the costs collected exceed the 
     amount of the costs ordered by the court.''.
       (d) Successive Claims.--Section 1915 of title 28, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(g) In no event shall a prisoner bring a civil action or 
     appeal a judgment in a civil action or proceeding under this 
     section if the prisoner has, on 3 or more prior occasions, 
     while incarcerated or detained in any facility, brought an 
     action or appeal in a court of the United States that was 
     dismissed on the grounds that it is frivolous, malicious, or 
     fails to state a claim upon which relief may be granted, 
     unless the prisoner is under imminent danger of serious 
     physical injury.''.
       (e) Definition.--Section 1915 of title 28, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(h) As used in this section, the term `prisoner' means 
     any person incarcerated or detained in any facility who is 
     accused of, convicted of, sentenced for, or adjudicated 
     delinquent for, violations of criminal law or the terms and 
     conditions of parole, probation, pretrial release, or 
     diversionary program.''.

     SEC. 805. JUDICIAL SCREENING.

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

     ``Sec. 1915A. Screening

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

``1915A. Screening.''.

     SEC. 806. FEDERAL TORT CLAIMS.

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

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

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

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

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

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

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

     ``Sec. 1932. Revocation of earned release credit

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

``1932. Revocation of earned release credit.''.
       (c) Amendment of Section 3624 of Title 18.--Section 3624(b) 
     of title 18, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by striking the first sentence;
       (B) in the second sentence--
       (i) by striking ``A prisoner'' and inserting ``Subject to 
     paragraph (2), a prisoner'';
       (ii) by striking ``for a crime of violence,''; and
       (iii) by striking ``such'';
       (C) in the third sentence, by striking ``If the Bureau'' 
     and inserting ``Subject to paragraph (2), if the Bureau'';
       (D) by striking the fourth sentence and inserting the 
     following: ``In awarding credit under this section, the 
     Bureau shall consider whether the prisoner, during the 
     relevant period, has earned, or is making satisfactory 
     progress toward earning, a high school diploma or an 
     equivalent degree.''; and
       (E) in the sixth sentence, by striking ``Credit for the 
     last'' and inserting ``Subject to paragraph (2), credit for 
     the last''; and
       (2) by amending paragraph (2) to read as follows:
       ``(2) Notwithstanding any other law, credit awarded under 
     this subsection after the date of enactment of the Prison 
     Litigation Reform Act shall vest on the date the prisoner is 
     released from custody.''.

     SEC. 810. SEVERABILITY.

       If any provision of this title, an amendment made by this 
     title, or the application of such provision or amendment to 
     any person or circumstance is held to be unconstitutional, 
     the remainder of this title, the amendments made by this 
     title, and the application of the provisions of such to any 
     person or circumstance shall not be affected thereby.
       This Act may be cited as the ``Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1996.''.
       (b) For programs, projects or activities in the District of 
     Columbia Appropriations Act, 1996, 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.

[[Page H3863]]

                          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: Provided further, 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.

                  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, $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-

[[Page H3864]]

     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.

                         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)).

              Payment of Interest on Short-Term Borrowing

       For payment 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 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 
     title in the amount of $500,000: Provided, That this 
     provision shall not apply to any board or commission 
     established under title II of this Act.

                   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 Title.

                             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.

[[Page H3865]]

       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 $150,907,000, within or among one 
     or several of the various appropriation headings in this 
     Title, 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 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

[[Page H3866]]

     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 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.''.

[[Page H3867]]

                          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 captial 
     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 reprogrammming 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 Requirements


                 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;
       (2) a breakdown of FTE positions and all employees for the 
     most current pay period broken out on the basis of control 
     center, 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) 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 May 1, 1996, and each February 
     15 thereafter.

                  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 
     appropriate congressional committees, the Mayor, the District 
     of Columbia Council, the Consensus Commission, and the 
     Authority, 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.

[[Page H3868]]

                   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, (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. 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 ending September 30, 1996, each 
     agency head is authorized, within the agency head's 
     discretion, to identify positions for abolishment.
       ``(b) Prior to August 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 this 
     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''.

                     Operating Expenses and Grants

       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

[[Page H3869]]

     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.


    development of plans regarding district of columbia corrections

       Sec. 151. (a) Plan for Short-Term Improvements.--
       (1) In general.--Not later than July 1, 1996, the National 
     Institute of Corrections (acting for and on behalf of the 
     District of Columbia) shall enter into an agreement with a 
     private contractor to develop a plan for short-term 
     improvements in the administration of the District of 
     Columbia Department of Corrections (hereafter referred to as 
     the ``Department'') and the administration and physical plant 
     of the Lorton Correctional Complex (hereafter referred to as 
     the ``Complex'') which may be initiated during a period not 
     to exceed 5 months.
       (2) Contents of plan.--The plan developed under paragraph 
     (1) shall address the following issues:
       (A) The reorganization of the central office of the 
     Department, including the consolidation of units and the 
     redeployment of personnel.
       (B) The establishment of a centralized inmate 
     classification unit.
       (C) The implementation of a revised classification system 
     for sentenced inmates.
       (D) The development of a projection for the number of 
     inmates under the authority of the Department over a 10-year 
     period.
       (E) The improvement of Department security operations.
       (F) Capital improvements.
       (G) The preparation of a methodology for developing and 
     assessing options for the long-term status of the Complex and 
     the Department (consistent with the requirements for the 
     development of plans under subsection (b)).
       (H) Other appropriate miscellaneous issues.
       (3) Submission of plan.--Upon completing the plan under 
     paragraph (1) (but in no event later than September 30, 
     1996), the National Institute of Corrections shall submit the 
     plan to the Mayor of the District of Columbia, the President, 
     Congress, and the District of Columbia Financial 
     Responsibility and Management Assistance Authority.
       (b) Optional Plans for Long-Term Treatment of Complex.--
       (1) In general.--Not later than July 1, 1996, the National 
     Institute of Corrections (acting for and on behalf of the 
     District of Columbia) shall enter into an agreement with a 
     private contractor to develop a series of alternative plans 
     regarding the long-term status of the Complex and the future 
     operations of the Department, including the following:
       (A) A separate plan under which the Complex will be closed 
     and inmates transferred to new facilities constructed and 
     operated by private entities.
       (B) A separate 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.
       (C) A separate plan under which the Federal government will 
     operate the Complex and inmates will be sentenced and treated 
     in accordance with guidelines applicable to Federal 
     prisoners.
       (D) A separate plan under which the Complex will be 
     operated under private management.
       (E) Such other plans as the District of Columbia consider 
     appropriate.
       (2) Requirements for Plans.--Each of the alternative plans 
     developed under paragraph (1) shall meet the following 
     requirements:
       (A) The plan shall provide for an appropriate transition 
     period for implementation (not to exceed 5 years) to begin 
     January 1, 1997.
       (B) The plan shall specify the extent to which the 
     Department will utilize alternative and cost-effective 
     management methods, including the use of private management 
     and vendors for the operation of the facilities and 
     activities of the Department, including (where appropriate) 
     the Complex.
       (C) The plan shall include an implementation schedule 
     specifying timetables for the completion of all significant 
     activities, including site selection for new facilities, 
     design, financing, construction, recruitment and hiring of 
     personnel, training, adoption of new policies and procedures, 
     and the establishment of essential administrative 
     organizational structures to carry out the plan.
       (D) In determining the bed capacity required for the 
     Department through 2002, the plan shall use the population 
     projections developed under the plan under subsection (a).
       (E) The plan shall identify any Federal or District 
     legislation which is required to be enacted, and any District 
     regulations, policies, or procedures which are required to be 
     adopted, in order for the plan to take effect.
       (F) The plan shall take into account any court orders and 
     consent decrees in effect with respect to the Department and 
     shall describe how the plan will enable the District to 
     comply with such orders and decrees.
       (G) The plan shall include estimates of the operating and 
     capital expenses for the Department for each year of the 
     plan's transition period, together with the primary 
     assumptions underlying such estimates.
       (H) The plan shall require the Mayor of the District of 
     Columbia to 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 require the Mayor to regularly report to the 
     President, Congress, and the District of Columbia Financial 
     Responsibility and Management Assistance Authority on all 
     measures taken under the plan as soon as such measures are 
     taken.
       (I) For each year for 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.
       (3) Submission of plan.--Upon completing the development of 
     the alternative plans under paragraph (1) (but in no event 
     later than December 31, 1996), the National Institute of 
     Corrections shall submit the plan to the Mayor of the 
     District of Columbia, the President, Congress, and the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority.

                     Chief Financial Officer Powers

       Sec. 152. Notwithstanding any other provision of law, for 
     the fiscal years ending September 30, 1996 and September 30, 
     1997--
       (a) the heads and all personnel of the following offices, 
     together with all other District of Columbia executive branch 
     accounting, budget, and financial management personnel, shall 
     be appointed by, shall serve at the pleasure of, and shall 
     act under the direction and control of the Chief Financial 
     Officer:
       The Office of the Treasurer.
       The Controller of the District of Columbia.
       The Office of the Budget.
       The Office of Financial Information Services.
       The Department of Finance and Revenue.

     The District of Columbia Financial Responsibility and 
     Management Assistance Authority established pursuant to 
     Public Law 104-8, approved April 17, 1995, may remove such 
     individuals from office for cause, after consultation with 
     the Mayor and the Chief Financial Officer.
       (b) the Chief Financial Officer shall prepare and submit to 
     the Mayor, for inclusion in the annual budget of the District 
     of Columbia under part D of title IV of the District of 
     Columbia Self-Government and Governmental Reorganization Act 
     of 1993, approved December 24, 1973 (87 Stat. 774; Public Law 
     93-198), as amended, for fiscal years 1996, 1997 and 1998, 
     annual estimates of the expenditures and appropriations 
     necessary for the operation of the Office of the Chief 
     Financial Officer for the year. All such estimates shall be 
     forwarded by the Mayor to the Council of the District of 
     Columbia for its action pursuant to sections 446 and 603(c) 
     of such Act, without revision but subject to recommendations. 
     Notwithstanding any other provisions of such Act, the Council 
     may comment or make recommendations concerning such 
     estimates, but shall have no authority to revise such 
     estimates.

   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 
     described 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;
       ``(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).

[[Page H3870]]

       ``(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 funds 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.

             Police and Fire Fighter Disability Retirements

       Sec. 155. (a) Up to 50 police officers and up to 50 Fire 
     and Emergency Medical Services members with less than 20 
     years of departmental service 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 Officers 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)).
       (c) This section shall not go into effect until 15 days 
     after the Mayor transmits the actuarial report required by 
     section 142(d) of the District of Columbia Retirement Reform 
     Act of 1979 (Public Law 96-122, approved November 17, 1979) 
     to the D.C. Retirement Board, the Speaker of the House of 
     Representatives, and the President pro tempore of the Senate.

       Conveyance of Certain Property to Architect of the Capitol

       Sec. 156. Pursuant to section 1(b)(2) of Public Law 98-340 
     and in accordance with the agreement entered into between the 
     Architect of the Capitol and the District of Columbia 
     pursuant to such Act (as executed on September 28, 1984), not 
     later than 30 days after the date of the enactment of this 
     Act the District of Columbia shall convey without 
     consideration by general warranty deed to the Architect of 
     the Capitol on behalf of the United States all right, title, 
     and interest of the District of Columbia in the real property 
     (including improvements and appurtenances thereon) within the 
     area known as ``D.C. Village'' and described in Attachment A 
     of the agreement.

[[Page H3871]]

       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
       (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 H.
       (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 C.
       (29) Public charter school.--The term ``public charter 
     school'' means a publicly funded school in the District of 
     Columbia that--

[[Page H3872]]

       (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)).
       (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 2321.
       (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.

     SEC. 2102. 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. 2103. 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 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

[[Page H3873]]

     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 
     conduct any districtwide assessments.
       (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 such provisions in 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.

[[Page H3874]]

       (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.
       (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. 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

[[Page H3875]]

     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 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

[[Page H3876]]

     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).
       (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

[[Page H3877]]

     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 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 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: 
     Provided, That within 45 days of the enactment of this Act 
     the Mayor shall make available not less than $130,000 to the 
     Board.
       (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 1997 
     and such sums as may be necessary for each of the 3 
     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 
     congressional committees.

 Subtitle C--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. 2311. 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.--

[[Page H3878]]

       (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 2321. 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. 2312. 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. 2313. ADMINISTRATIVE PROVISIONS.

       The World Class Schools Task Force shall ensure public 
     access to its proceedings (other than 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. 2314. 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. 2315. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $2,000,000 for 
     fiscal year 1997 to carry out this part. Such funds shall 
     remain available until expended.

                        PART 2--PROMOTION GATES

     SEC. 2321. PROMOTION GATES.

       (a) Kindergarten Through 4th Grade.--Not later than one 
     year after the date of adoption in accordance with section 
     2311(d) of the assessments described in section 
     2311(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 2311(d) of the 
     assessments described in section 2311(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 2311(d) of the 
     assessments described in section 2311(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 D--Per Capita District of Columbia Public School and Public 
                         Charter School Funding

     SEC. 2401. 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 not later than 90 days after 
     enactment of this Act, 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 2402 
     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 2402 
     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. 2402. 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 2403(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--

[[Page H3879]]

       (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. 2403. 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 
     2401(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 2401(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 2402(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 
     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 2401(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 2401(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 E--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 (40 U.S.C. 471 et seq., 
     and 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;

[[Page H3880]]

       (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 12 months after the date of 
     enactment of this Act, 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.

                            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.--Any individual may volunteer his or her 
     services or may donate materials to a District of Columbia 
     public school facility for the repair and improvement of such 
     facility provided that the provision of voluntary services 
     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 F--Partnerships With Business

     SEC. 2601. 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. 2602. DUTIES OF THE SUPERINTENDENT OF THE DISTRICT OF 
                   COLUMBIA PUBLIC SCHOOLS.

       The Superintendent is authorized to provide a grant to a 
     private, nonprofit corporation that meets the eligibility 
     criteria under section 2603 for the purposes of carrying out 
     the duties under sections 2604 and 2607.

     SEC. 2603. ELIGIBILITY CRITERIA FOR PRIVATE, NONPROFIT 
                   CORPORATION.

       A private, nonprofit corporation shall be eligible to 
     receive a grant under section 2602 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. 2604. 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 (d) 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 H3881]]

     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.).

     SEC. 2605. 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 
     2604, as follows:
       (1) For fiscal year 1997, 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 2604.
       (2) For fiscal year 1998, 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 2604.
       (3) For fiscal year 1999, 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 2604.

     SEC. 2606. REPORT.

       The private, nonprofit corporation shall prepare and submit 
     to the appropriate congressional committees on a quarterly 
     basis, or, with respect to fiscal year 1997, on a semiannual 
     basis, a report which shall contain--
       (1) the activities the corporation has carried out, 
     including the duties of the corporation described in section 
     2604, for the 3-month period ending on the date of the 
     submission of the report, or, with respect to fiscal year 
     1997, 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 
     2604(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 
     1997, the 6-month period beginning on the date of the 
     submission of the report.

     SEC. 2607. 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. 2608. 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 2604, $1,000,000 for each of the 
     fiscal years 1997, 1998, and 1999.
       (2) Deal center.--There are authorized to be appropriated 
     to carry out section 2604(c), $2,000,000 for each of the 
     fiscal years 1997, 1998, and 1999.
       (3) Jobs for d.c. graduates program.--There are authorized 
     to be appropriated to carry out section 2607--
       (A) $2,000,000 for fiscal year 1997; and
       (B) $3,000,000 for each of the fiscal years 1998 through 
     2001.
       (b) Availability.--Amounts authorized to be appropriated 
     under subsection (a) are authorized to remain available until 
     expended.

     SEC. 2609. 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, 1999.
       (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 2604 should continue to be carried out after 
     October 1, 1999, with resources made available from the 
     private sector; and
       (2) the corporation should provide oversight and 
     coordination for such activities after such date.

   Subtitle G--Management and Fiscal Accountability; Preservation of 
                         School-Based Resources

     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. 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. 2753. DEVELOPMENT OF FISCAL YEAR 1997 BUDGET REQUEST.

       (a) In General.--The Board of Education shall develop its 
     fiscal year 1997 gross operating

[[Page H3882]]

     budget and its fiscal year 1997 appropriated funds budget 
     request in accordance with this section.
       (b) Fiscal Year 1996 Budget Revision.--Not later than 60 
     days after enactment of this Act, 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. 2754. 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.''.

     SEC. 2755. 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--
       (a) in section 1204(a) (20 U.S.C. 6364(a)), by inserting 
     ``intensive'' after ``cost of providing''; and
       (b) in section 1205(4) (20 U.S.C. 6365(4)), by inserting 
     ``, intensive'' after ``high-quality''.

     SEC. 2756. 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.

    Subtitle H--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, subject to the 
     approval of the Authority 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;

[[Page H3883]]

       (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 C.
       (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 C.
       (9) To review and comment on the model professional 
     development programs for teachers using the core curriculum 
     developed under subtitle C.
       (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.

     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.
       (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 
     2311(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 I--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.
       This title may be cited as the ``District of Columbia 
     School Reform Act of 1995''.
       (c) For programs, projects or activities in the Department 
     of the Interior and Related Agencies Appropriations Act, 
     1996, 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)), 
     $567,453,000, 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 $567,453,000: 
     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), $113,500,000, of which 
     not to exceed $400,000 shall be available for administrative 
     expenses.

[[Page H3884]]

                            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 
     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, $501,010,000, to 
     remain available for obligation until September 30, 1997, of 
     which $4,000,000 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 or any other Act shall be 
     used by the Secretary of the Interior or by the Secretary of 
     Commerce to implement subsections (a), (b), (c), (e), (g) or 
     (i) of section 4 of the Endangered Species Act of 1973 (16 
     U.S.C. 1533), until such time as legislation reauthorizing 
     the Act is enacted or until the end of fiscal year 1996, 
     whichever is earlier, except that monies may be used to 
     delist or reclassify species pursuant to sections 4(a)(2)(B), 
     4(c)(2)(B)(i), and 4(c)(2)(B)(ii) of the Endangered Species 
     Act, and to issue emergency listings under section 4(b)(7) of 
     the Endangered Species Act: Provided further, That the 
     President is authorized to suspend the provisions of the 
     preceeding proviso if he determines that such suspension is 
     appropriate based upon the public interest in sound 
     environmental management, sustainable resource use, 
     protection of national or locally-affected interests, or 
     protection of any cultural, biological or historic resources. 
     Any suspension by the President shall take effect on such 
     date, and continue in effect for such period (not to extend 
     beyond the period in which the preceeding proviso would 
     otherwise be in effect), as the President may determine, and 
     shall be reported to the Congress.


                              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.

[[Page H3885]]

                       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, $1,082,481,000, without regard to the Act of August 24, 
     1912, as amended (16 U.S.C. 451), of which not to exceed 
     $72,000,000, to remain available until expended is to be 
     derived from the special fee account established pursuant to 
     title V, section 5201, of Public Law 100-203.


                  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; $730,163,000, 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

[[Page H3886]]

     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; $182,555,000, of which not less than 
     $70,105,000 shall be available for royalty management 
     activities; and an amount not to exceed $15,400,000 for the 
     Technical Information Management System and Related 
     Activities of the Outer Continental Shelf (OCS) Lands 
     Activity, to be credited to this appropriation and to remain 
     available until expended, from additions to receipts 
     resulting from increases to rates in effect on August 5, 
     1993, from rate increases to fee collections for OCS 
     administrative activities performed by the Minerals 
     Management Service over and above the rates in effect on 
     September 30, 1993, and from additional fees for OCS 
     administrative activities established after September 30, 
     1993: Provided, That beginning in fiscal year 1996 and 
     thereafter, fees for royalty rate relief applications shall 
     be established (and revised as needed) in Notices to Lessees, 
     and shall be credited to this account in the program areas 
     performing the function, and remain available until expended 
     for the costs of administering the royalty rate relief 
     authorized by 43 U.S.C. 1337(a)(3): Provided further, That 
     $1,500,000 for computer acquisitions shall remain available 
     until September 30, 1997: Provided further, That funds 
     appropriated under this Act shall be available for 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

[[Page H3887]]

     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 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,

[[Page H3888]]

     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 of long-range operations and 
     maintenance needs, improved capability of local operations 
     and maintenance institutions and agencies (including 
     management and vocational education training), and project-
     specific maintenance (with territorial participation and cost 
     sharing to be determined by the Secretary based on the 
     individual territory's commitment to timely maintenance of 
     its capital assets): Provided further, That any appropriation 
     for disaster assistance under this head in this Act or 
     previous appropriations Acts may be used as non-Federal 
     matching funds for the purpose of hazard mitigation grants 
     provided pursuant to section 404 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170c).


                      compact of free association

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

                          Departmental Offices

                        Departmental Management


                         Salaries and Expenses

       For necessary expenses for management of the Department of 
     the Interior, $56,912,000, 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, 
     $34,427,000.

                      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,

[[Page H3889]]

     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 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

[[Page H3890]]

     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.''.
       Sec. 119. (a) Until the National Park Service has prepared 
     a final conceptual management plan for the Mojave National 
     Preserve that incorporates traditional multiple uses of the 
     region, the Secretary of the Interior shall not take any 
     action to change the management of the area which differs 
     from the historical management practices of the Bureau of 
     Land Management. Prior to using any funds in excess of 
     $1,100,000 for operation of the Preserve in fiscal year 1996, 
     the Secretary must obtain the approval of the House and 
     Senate Committees on Appropriations. This provision expires 
     on September 30, 1996.
       (b) The President is authorized to suspend the provisions 
     of subsection (a) of this section if he determines that such 
     suspension is appropriate based upon the public interest in 
     sound environmental management, sustainable resource use, 
     protection of national or locally-affected interests, or 
     protection of any cultural, biological or historic resources. 
     Any suspension by the President shall take effect on such 
     date, and continue in effect for such period (not to extend 
     beyond the period in which subsection (a) would otherwise be 
     in effect), as the President may determine, and shall be 
     reported to the Congress.

                       TITLE II--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                            forest research

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

                       state and private forestry

       For necessary expenses of cooperating with, and providing 
     technical and financial assistance to States, Territories, 
     possessions, and others and for forest pest management 
     activities, cooperative forestry and education and land 
     conservation activities, $136,884,000, 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'', $1,257,057,000, to remain available for 
     obligation until September 30, 1997, and including 65 per 
     centum of all monies received during the prior fiscal year as 
     fees collected under the Land and Water Conservation Fund Act 
     of 1965, as amended, in accordance with section 4 of the Act 
     (16 U.S.C. 460l-6a(i)): Provided, That unobligated and 
     unexpended balances in the National Forest System account at 
     the end of fiscal year 1995, shall be merged with and made a 
     part of the fiscal year 1996 National Forest System 
     appropriation, and shall remain available for obligation 
     until September 30, 1997: Provided further, That up to 
     $5,000,000 of the funds provided herein for road maintenance 
     shall be available for the planned obliteration of roads 
     which are no longer needed.


                        wildland fire management

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

                              construction

       For necessary expenses of the Forest Service, not otherwise 
     provided for, $163,600,000, to remain available until 
     expended, for construction and acquisition of buildings and 
     other facilities, and for construction and repair of forest 
     roads and trails by the Forest Service as authorized by 16 
     U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That 
     funds becoming available in fiscal year 1996 under the Act of 
     March 4, 1913 (16 U.S.C. 501) shall be transferred to the 
     General Fund of the Treasury of the United States: Provided 
     further, That not to exceed $50,000,000, to remain available 
     until expended, may be obligated for the construction of 
     forest roads by timber purchasers: Provided further, That 
     $2,500,000 of the funds appropriated herein shall be 
     available for a grant to the ``Non-Profit Citizens for the 
     Columbia Gorge Discovery Center'' for the construction of the 
     Columbia Gorge Discovery Center: Provided further, That the 
     Forest Service is authorized to grant the unobligated balance 
     of funds appropriated in fiscal year 1995 for the 
     construction of the Columbia Gorge Discovery Center 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, $39,400,000, to be derived from the Land and Water 
     Conservation Fund, to remain available until expended: 
     Provided, That funding for specific land acquisition are 
     subject to the approval of the House and Senate Committees on 
     Appropriations.

         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.


                SOUTHEAST ALASKA ECONOMIC DISASTER FUND

       (a) There is hereby established in the Treasury a Southeast 
     Alaska Economic Disaster Fund. There are hereby appropriated 
     $110,000,000, which shall be deposited into this account, 
     which shall be available without further appropriation or 
     fiscal year limitation. All monies from the Fund shall be 
     distributed by the Secretary of Agriculture in accordance 
     with the provisions set forth herein.
       (b) None of the funds provided under this heading shall be 
     available unless the President exercises the authority 
     provided in section 325(c) of this Act.
       (c)(1) The Secretary shall provide $40,000,000 in direct 
     grants from the Fund for fiscal year 1996 and $10,000,000 in 
     each of fiscal years 1997, 1998, and 1999 to communities in 
     Alaska as follows:
       (A) to the City and Borough of Sitka, $8,000,000 in fiscal 
     year 1996 and $2,000,000 in each of fiscal years 1997, 1998, 
     and 1999;
       (B) to the City of Wrangell, $18,700,000 in fiscal year 
     1996 and $4,700,000 in each of fiscal years 1997, 1998, and 
     1999; and
       (C) to the City of Borough of Ketchikan, $13,3000,000 in 
     fiscal year 1996 and $3,300,000 in each of fiscal years 1997, 
     1998, and 1999.
       (2) The funds provided under paragraph (1) shall be used to 
     employ former timber workers in Wrangell and Sitka, and for 
     related community development projects in Sitka, Wrangell, 
     and Ketchikan.
       (3) The Secretary shall allocate an additional $10,000,000 
     from the Fund for each of fiscal years 1996, 1997, 1998, and 
     1999 to communities in Alaska according to the following 
     percentage:
       (A) the Borough of Haines, 5.5 percent;
       (B) the City of Borough of Juneau, 10.3 percent;
       (C) the Ketchikan Gateway of Borough, 4.5 percent;
       (D) the City of Borough of Sitka, 10.8 percent;
       (E) the City of Borough of Yakutat, 7.4 percent; and
       (F) the unorganized Boroughs within the Tongass National 
     Forest, 61.5 percent.
       (4) Funds provided pursuant to paragraph (3)(F) shall be 
     allocated by the Secretary of Agriculture to the unorganized 
     Boroughs in the Tongass National Forest in the same 
     proportion as timber receipts were made available to such 
     Boroughs in fiscal year 1995, and shall be in addition to any 
     other monies provided to such Boroughs under this Act or any 
     other law.

[[Page H3891]]

               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 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), $417,018,000, 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

[[Page H3892]]

     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, $553,189,000, 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 funds made available to tribes and tribal 
     organizations through contracts, grant agreements, or any 
     other agreements or compacts authorized by the Indian Self-
     Determination and Education Assistance Act of 1975 (88 Stat. 
     2203; 25 U.S.C. 450), shall be deemed to be obligated at the 
     time of the grant or contract award and thereafter shall 
     remain available to the tribe or tribal organization without 
     fiscal year limitation: Provided further, That $12,000,000 
     shall remain available until expended, for the Indian 
     Catastrophic Health Emergency Fund: Provided further, That 
     $350,564,000 for contract medical care shall remain available 
     for obligation until September 30, 1997: Provided further, 
     That of the funds provided, not less than $11,306,000 shall 
     be used to carry out the loan repayment program under section 
     108 of the Indian Health Care Improvement Act, as amended: 
     Provided further, That funds provided in this Act may be used 
     for one-year contracts and grants which are to be performed 
     in two fiscal years, so long as the total obligation is 
     recorded in the year for which the funds are appropriated: 
     Provided further, That the amounts collected by the Secretary 
     of Health and Human Services under the authority of title IV 
     of the Indian Health Care Improvement Act shall be available 
     for two fiscal years after the fiscal year in which they were 
     collected, for the purpose of achieving compliance with the 
     applicable conditions and requirements of titles XVIII and 
     XIX of the Social Security Act (exclusive of planning, 
     design, or construction of new facilities): Provided further, 
     That of the funds provided, $7,500,000 shall remain available 
     until expended, for the Indian Self-Determination Fund, which 
     shall be available for the transitional costs of initial or 
     expanded tribal contracts, grants or cooperative agreements 
     with the Indian Health Service under the provisions of the 
     Indian Self-Determination Act: Provided further, That funding 
     contained herein, and in any earlier appropriations Acts for 
     scholarship programs under the Indian Health Care Improvement 
     Act (25 U.S.C. 1613) shall remain available for obligation 
     until September 30, 1997: Provided further, That amounts 
     received by tribes and tribal organizations under title IV of 
     the Indian Health Care Improvement Act, as amended, shall be 
     reported and accounted for and available to the receiving 
     tribes and tribal organizations until expended.

                        indian health facilities

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

            administrative provisions, indian health service

       Appropriations in this Act to the Indian Health Service 
     shall be available for services as authorized by 5 U.S.C. 
     3109 but at rates not to exceed the per diem rate equivalent 
     to the maximum rate payable for senior-level positions under 
     5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; 
     purchase of medical equipment; purchase of reprints; 
     purchase, renovation and erection of modular buildings and 
     renovation of existing facilities; payments for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and for uniforms 
     or allowances therefor as authorized by law (5 U.S.C. 5901-
     5902); and for expenses of attendance at meetings which are 
     concerned with the functions or activities for which the 
     appropriation is made or which will contribute to improved 
     conduct, supervision, or management of those functions or 
     activities: Provided, That in accordance with

[[Page H3893]]

     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; $311,188,000, of which 
     not to exceed $3,000,000 for voluntary incentive payments and 
     other costs associated with employee separations pursuant to 
     section 339 of this Act shall remain available until 
     expended, and of which not to exceed $30,472,000 for the 
     instrumentation program, collections acquisition, Museum 
     Support Center equipment and move, exhibition reinstallation, 
     the National Museum of the American Indian, the repatriation 
     of skeletal remains program, research equipment, information 
     management, and Latino programming shall remain available 
     until expended and, including such funds as may be necessary 
     to support American overseas research centers and a total of 
     $125,000 for the Council of American Overseas Research 
     Centers: Provided, That funds appropriated herein are 
     available for advance payments to independent contractors 
     performing research services or participating in official 
     Smithsonian presentations.

        construction and improvements, national zoological park

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

                  repair and restoration of buildings

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

                              construction

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

                        National Gallery of Art


                         salaries and expenses

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


            repair, restoration and renovation of buildings

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

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

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

                              construction

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

            Woodrow Wilson International Center for Scholars


                         salaries and expenses

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

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       grants and administration

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

[[Page H3894]]

                            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.

                United States Holocaust Memorial Council

                       holocaust memorial council

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

                     TITLE III--GENERAL PROVISIONS

       Sec. 301. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 302. No part of any appropriation under this Act shall 
     be available to the Secretary of the Interior or the 
     Secretary of Agriculture for the leasing of oil and natural 
     gas by noncompetitive bidding on publicly owned lands within 
     the boundaries of the Shawnee National Forest, Illinois: 
     Provided, That nothing herein is intended to inhibit or 
     otherwise affect the sale, lease, or right to access to 
     minerals owned by private individuals.
       Sec. 303. No part of any appropriation contained in this 
     Act shall be available for any activity or the publication or 
     distribution of literature that in any way tends to promote 
     public support or opposition to any legislative proposal on 
     which congressional action is not complete.
       Sec. 304. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 305. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     provide a personal cook, chauffeur, or other personal 
     servants to any officer or employee of such department or 
     agency except as otherwise provided by law.
       Sec. 306. No assessments may be levied against any program, 
     budget activity, subactivity, or project funded by this Act 
     unless notice of such assessments and the basis therefor are 
     presented to the Committees on Appropriations and are 
     approved by such Committees.
       Sec. 307. (a) Compliance With Buy American Act.--None of 
     the funds made available in this Act may be expended by an 
     entity unless the entity agrees that in expending the funds 
     the entity will comply with sections 2 through 4 of the Act 
     of March 3, 1933 (41 U.S.C. 10a-10c; popularly known as the 
     ``Buy American Act'').
       (b) Sense of Congress; Requirement Regarding Notice.--
       (1) Purchase of american-made equipment and products.--In 
     the case of any equipment or product that may be authorized 
     to be purchased with financial assistance provided using 
     funds made available in this Act, it is the sense of the 
     Congress that entities receiving the assistance should, in 
     expending the assistance, purchase only American-made 
     equipment and products.
       (2) Notice to recipients of assistance.--In providing 
     financial assistance using funds made available in this Act, 
     the head of each Federal agency shall provide to each 
     recipient of the assistance a notice describing the statement 
     made in paragraph (1) by the Congress.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 308. None of the funds in this Act may be used to 
     plan, prepare, or offer for sale timber from trees classified 
     as giant sequoia (sequoiadendron giganteum) which are located 
     on National Forest System or Bureau of Land Management lands 
     in a manner different than such sales were conducted in 
     fiscal year 1995.
       Sec. 309. None of the funds made available by this Act may 
     be obligated or expended by the National Park Service to 
     enter into or implement a concession contract which permits 
     or requires the removal of the underground lunchroom at the 
     Carlsbad Caverns National Park.
       Sec. 310. Where the actual costs of construction projects 
     under self-determination contracts, compacts, or grants, 
     pursuant to Public Laws 93-638, 103-413, or 100-297, are less 
     than the estimated costs thereof, use of the resulting excess 
     funds shall be determined by the appropriate Secretary after 
     consultation with the tribes.
       Sec. 311. Notwithstanding Public Law 103-413, quarterly 
     payments of funds to tribes and tribal organizations under 
     annual funding agreements pursuant to section 108 of Public 
     Law 93-638, as amended, may be made on the first business day 
     following the first day of a fiscal quarter.
       Sec. 312. None of 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

[[Page H3895]]

     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. No part of any appropriation contained in this 
     Act shall be obligated or expended to implement regulations 
     or requirements that regulate the use of, or actions 
     occurring on, non-federal lands as a result of the draft or 
     final environmental impact statements or records of decision 
     for the Interior Columbia Basin Ecosystem Management Project. 
     Columbia Basin Ecosystem Management Project records of 
     decision will not provide the legal authority for any new 
     formal rulemaking by any federal regulatory agency on the use 
     of private property.
       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.

[[Page H3896]]

       (E) For the Fish and Wildlife Service, the balance shall be 
     distributed in accordance with section 201(c) of the 
     Emergency Wetlands Resources Act.
       (2)(A) Expenditures from site specific special funds shall 
     be for further activities of the area, site or project from 
     which funds are collected, and shall be accounted for 
     separately.
       (B) Expenditures from agency specific special funds shall 
     be for use on an agency-wide basis and shall be accounted for 
     separately.
       (C) Expenditures from the fee collection support fund shall 
     be used to cover fee collection costs in accordance with 
     section 4(i)(1)(B) of the Land and Water Conservation Fund 
     Act, as amended: Provided, That funds unexpended and 
     unobligated at the end of the fiscal year shall not be 
     deposited into the special account established pursuant to 
     section 4(i)(1)(A) of said Act and shall remain available for 
     expenditure without further appropriation.
       (3) In order to increase the quality of the visitor 
     experience at public recreational areas and enhance the 
     protection of resources, amounts available for expenditure 
     under this section may only be used for the area, site or 
     project concerned, for backlogged repair and maintenance 
     projects (including projects relating to health and safety) 
     and for interpretation, signage, habitat or facility 
     enhancement, resource preservation, annual operation 
     (including fee collection), maintenance, and law enforcement 
     relating to public use. The agencywide accounts may be used 
     for the same purposes set forth in the preceding sentence, 
     but for areas, sites or projects selected at the discretion 
     of the respective agency head.
       (d)(1) Amounts collected under this section shall not be 
     taken into account for the purposes of the Act of May 23, 
     1908 and the Act of March 1, 1911 (16 U.S.C. 500), the Act of 
     March 4, 1913 (16 U.S.C. 501), the Act of July 22, 1937 (7 
     U.S.C. 1012), the Act of August 8, 1937 and the Act of May 
     24, 1939 (43 U.S.C. 1181f et seq.), the Act of June 14, 1926 
     (43 U.S.C. 869-4), chapter 69 of title 31, United States 
     Code, section 401 of the Act of June 15, 1935 (16 U.S.C. 
     715s), the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l), and any other provision of law relating to 
     revenue allocation.
       (2) Fees charged pursuant to this section shall be in lieu 
     of fees charged under any other provision of law.
       (e) The Secretary of the Interior and the Secretary of 
     Agriculture shall carry out this section without promulgating 
     regulations.
       (f) The authority to collect fees under this section shall 
     commence on October 1, 1995, and end on September 30, 1998. 
     Funds in accounts established shall remain available through 
     September 30, 2001.
       Sec. 316. Section 2001(a)(2) of Public Law 104-19 is 
     amended as follows: Strike ``September 30, 1997'' and insert 
     in lieu thereof ``December 31, 1996''.
       Sec. 317. None of the funds made available in this Act may 
     be used for any program, project, or activity when it is made 
     known to the Federal entity or official to which the funds 
     are made available that the program, project, or activity is 
     not in compliance with any applicable Federal law relating to 
     risk assessment, the protection of private property rights, 
     or unfunded mandates.
       Sec. 318. None of the funds provided in this Act may be 
     made available for the Mississippi River Corridor Heritage 
     Commission.
       Sec. 319. Great Basin National Park.--Section 3 of the 
     Great Basin National Park Act of 1986 (16 U.S.C. 410mm-1) is 
     amended--
       (1) in the first sentence of subsection (e) by striking 
     ``shall'' and inserting ``may''; and
       (2) in subsection (f)--
       (A) by striking ``At the request'' and inserting the 
     following:
       ``(1) Exchanges.--At the request'';
       (B) by striking ``grazing permits'' and inserting ``grazing 
     permits and grazing leases''; and
       (C) by adding after ``Federal lands.'' the following:
       ``(2) Acquisition by donation.--
       (A) In general.--The Secretary may acquire by donation 
     valid existing permits and grazing leases authorizing grazing 
     on land in the park.
       (B) Termination.--The Secretary shall terminate a grazing 
     permit or grazing lease acquired under subparagraph (A) so as 
     to end grazing previously authorized by the permit or 
     lease.''.
       Sec. 320. None of the funds made available in this Act 
     shall be used by the Department of Energy in implementing the 
     Codes and Standards Program to propose, issue, or prescribe 
     any new or amended standard: Provided, That this section 
     shall expire on September 30, 1996: Provided further, That 
     nothing in this section shall preclude the Federal Government 
     from promulgating rules concerning energy efficiency 
     standards for the construction of new federally-owned 
     commercial and residential buildings.
       Sec. 321. None of the funds made available in this Act may 
     be used (1) to demolish the bridge between Jersey City, New 
     Jersey, and Ellis Island; or (2) to prevent pedestrian use of 
     such bridge, when it is made known to the Federal official 
     having authority to obligate or expend such funds that such 
     pedestrian use is consistent with generally accepted safety 
     standards.
       Sec. 322. (a) None of the funds appropriated or otherwise 
     made available pursuant to this Act shall be obligated or 
     expended to accept or process applications for a patent for 
     any mining or mill site claim located under the general 
     mining laws.
       (b) The provisions of subsection (a) shall not apply if the 
     Secretary of the Interior determines that, for the claim 
     concerned: (1) a patent application was filed with the 
     Secretary on or before September 30, 1994, and (2) all 
     requirements established under sections 2325 and 2326 of the 
     Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
     claims and sections 2329, 2330, 2331, and 2333 of the Revised 
     Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
     section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 
     site claims, as the case may be, were fully complied with by 
     the applicant by that date.
       (c) Processing Schedule.--For those applications for 
     patents pursuant to subsection (b) which were filed with the 
     Secretary of the Interior, prior to September 30, 1994, the 
     Secretary of the Interior shall--
       (1) Within three months of the enactment of this Act, file 
     with the House and Senate Committees on Appropriations and 
     the Committee on Resources of the House of Representatives 
     and the Committee on Energy and Natural Resources of the 
     United States Senate a plan which details how the Department 
     of the Interior will make a final determination as to whether 
     or not an applicant is entitled to a patent under the general 
     mining laws on at least 90 percent of such applications 
     within five years of the enactment of this Act and file 
     reports annually thereafter with the same committees 
     detailing actions taken by the Department of the Interior to 
     carry out such plan; and
       (2) Take such actions as may be necessary to carry out such 
     plan.
       (d) Mineral Examinations.--In order to process patent 
     applications in a timely and responsible manner, upon the 
     request of a patent applicant, the Secretary of the Interior 
     shall allow the applicant to fund a qualified third-party 
     contractor to be selected by the Bureau of Land Management to 
     conduct a mineral examination of the mining claims or mill 
     sites contained in a patent application as set forth in 
     subsection (b). The Bureau of Land Management shall have the 
     sole responsibility to choose and pay the third-party 
     contractor in accordance with the standard procedures 
     employed by the Bureau of Land Management in the retention of 
     third-party contractors.
       Sec. 323. None of the funds appropriated or otherwise made 
     available by this Act may be used for the purposes of 
     acquiring lands in 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. (a) For one year after enactment of this Act, the 
     Secretary shall continue the current Tongass Land Management 
     Plan (TLMP) and may accommodate commercial tourism (if an 
     agreement is signed between the Forest Service and the Alaska 
     Visitors' Association) except that during this period, the 
     Secretary shall maintain at least the number of acres of 
     suitable available and suitable scheduled timber lands, and 
     Allowable Sale Quantity as identified in the Preferred 
     Alternative (Alternative P) in the Tongass Land and Resources 
     Management Plan and Final Environmental Impact Statement 
     (dated October 1992) as selected in the Record of Decision 
     Review Draft #3-2/93. Nothing in this 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.
       (b) 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.
       (c) The President is authorized to suspend the provisions 
     of subsections (a) or (b), or both, if he determines that 
     such suspension is appropriate based upon the public interest 
     in sound environmental management, or protection of any 
     cultural, biological, or historic resources. Any suspension 
     by the President shall take effect on the date of execution, 
     and continue in effect for such period, not to extend beyond 
     the period in which this section would otherwise be in 
     effect, as the President may determine, and shall be reported 
     to the Congress prior to public release by the President. If 
     the President suspends the provisions of subsections (a) or 
     (b) or both, then such provisions shall have no legal force 
     or effect during such suspension.
       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

[[Page H3897]]

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

[[Page H3898]]

       (b) Additional Congressional Findings.--Congress further 
     finds and declares that the use of scarce funds, which have 
     been taken from all taxpayers of the United States, to 
     promote, disseminate, sponsor, or produce any material or 
     performance that--
       (1) denigrates the religious objects or religious beliefs 
     of the adherents of a particular religion, or
       (2) depicts or describes, in a patently offensive way, 
     sexual or excretory activities or organs,
     is contrary to the express purposes of the National 
     Foundation on the Arts and the Humanities Act of 1965, as 
     amended.
       (c) Prohibition on Funding That Is Not Consistent With the 
     Purposes of the Act.--Notwithstanding any other provision of 
     law, none of the scarce funds which have been taken from all 
     taxpayers of the United States and made available under this 
     Act to the National Endowment for the Arts may be used to 
     promote, disseminate, sponsor, or produce any material or 
     performance that--
       (1) denigrates the religious objects or religious beliefs 
     of the adherents of a particular religion, or
       (2) depicts or describes, in a patently offensive way, 
     sexual or excretory activities or organs,
     and this prohibition shall be strictly applied without regard 
     to the content or viewpoint of the material or performance.
       (d) Section Not To Affect Other Works.--Nothing in this 
     section shall be construed to affect in any way the freedom 
     of any artist or performer to create any material or 
     performance using funds which have not been made available 
     under this Act to the National Endowment for the Arts.
       Sec. 332. For purposes related to the closure of the Bureau 
     of Mines, funds made available to the United States 
     Geological Survey, the United States Bureau of Mines, and the 
     Bureau of Land Management shall be available for transfer, 
     with the approval of the Secretary of the Interior, among the 
     following accounts: United States Geological Survey, Surveys, 
     investigations, and research; Bureau of Mines, Mines and 
     minerals; and Bureau of Land Management, Management of lands 
     and resources. The Secretary of Energy shall reimburse the 
     Secretary of the Interior, in an amount to be determined by 
     the Director of the Office of Management and Budget, for the 
     expenses of the transferred functions between October 1, 1995 
     and the effective date of the transfers of function. Such 
     transfers shall be subject to the reprogramming guidelines of 
     the House and Senate Committees on Appropriations.
       Sec. 333. No funds appropriated under this or any other Act 
     shall be used to review or modify sourcing areas previously 
     approved under section 490(c)(3) of the Forest Resources 
     Conservation and Shortage Relief Act of 1990 (Public Law 101-
     382) or to enforce or implement Federal regulations 36 CFR 
     part 223 promulgated on September 8, 1995. The regulations 
     and interim rules in effect prior to September 8, 1995 (36 
     CFR 223.48, 36 CFR 223.87, 36 CFR 223 Subpart D, 36 CFR 223 
     Subpart F, and 36 CFR 261.6) shall remain in effect. The 
     Secretary of Agriculture or the Secretary of the Interior 
     shall not adopt any policies concerning Public Law 101-382 or 
     existing regulations that would restrain domestic 
     transportation or processing of timber from private lands or 
     impose additional accountability requirements on any timber. 
     The Secretary of Commerce shall extend until September 30, 
     1996, the order issued under section 491(b)(2)(A) of Public 
     Law 101-382 and shall issue an order under section 
     491(b)(2)(B) of such law that will be effective October 1, 
     1996.
       Sec. 334. The National Park Service, in accordance with the 
     Memorandum of Agreement between the United States National 
     Park Service and the City of Vancouver dated November 4, 
     1994, shall permit general aviation on its portion of Pearson 
     Field in Vancouver, Washington until the year 2022, during 
     which time a plan and method for transitioning from general 
     aviation aircraft to historic aircraft shall be completed; 
     such transition to be accomplished by that date. This action 
     shall not be construed to limit the authority of the Federal 
     Aviation Administration over air traffic control or aviation 
     activities at Pearson Field or limit operations and airspace 
     of Portland International Airport.
       Sec. 335. The United States Forest Service approval of 
     Alternative site 2 (ALT 2), issued on December 6, 1993, is 
     hereby authorized and approved and shall be deemed to be 
     consistent with, and permissible under, the terms of Public 
     Law 100-696 (the Arizona-Idaho Conservation Act of 1988).
       Sec. 336. None of the funds made available to the 
     Department of the Interior or the Department of Agriculture 
     by this or any other Act may be used to issue or implement 
     final 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.
       Section 337. Directs the Department of the Interior to 
     transfer to the Daughters of the American Colonists a plaque 
     in the possession of the National Park Service. The Park 
     Service currently has this plaque in storage and this 
     provision provides for its return to the organization that 
     originally placed the plaque on the Great Southern Hotel in 
     Saint Louis, Missouri in 1933 to mark the site of Fort San 
     Carlos.
       Sec. 338. Upon enactment of this Act, all funds obligated 
     in fiscal year 1996 under ``Salaries and expenses'', 
     Pennsylvania Avenue Development Corporation are to be offset 
     by unobligated balances made available under this Act under 
     the account ``Public development'', Pennsylvania Avenue 
     Development Corporation and all funds obligated in fiscal 
     year 1996 under ``International forestry'', Forest Service 
     are to be offset, as appropriate by funds made available 
     under this Act under the accounts ``Forest research'' ``State 
     and private forestry'', ``National forest system'', and 
     ``Construction'' in the Forest Service.
       Sec. 339. (a) Notwithstanding any other provision of law, 
     in order to avoid or minimize the need for involuntary 
     separations due to a reduction in force, reorganizations, 
     transfer of function, or other similar action, the Secretary 
     of the Smithsonian Institution may pay, or authorize the 
     payment of, voluntary separation incentive payments to 
     Smithsonian Institution employees who separate from Federal 
     service voluntarily through October 1, 1996 (whether by 
     retirement or resignation).
       (b) A voluntary separation incentive payment--
       (1) shall be paid in a lump sum after the employee's 
     separation in an amount to be determined by the Secretary, 
     but shall not exceed $25,000; and
       (2) shall not be a basis for payment, and shall not be 
     included in the computation, of any other type of benefit.
       (c)(1) An employee who has received a voluntary separation 
     incentive payment under this section and accepts employment 
     with any agency or instrumentality of the United States 
     within 5 years after the date of the separation on which the 
     payment is based shall be required to repay the entire amount 
     of the incentive payment to the Smithsonian Institution.
       (2) The repayment required by paragraph (1) may be waived 
     only by the Secretary.
       (d) In addition to any other payments which it is required 
     to make under subchapter III of chapter 83 of title 5, United 
     States Code, the Smithsonian shall remit to the Office of 
     Personnel Management for deposit in the Treasury of the 
     United States to the credit of the Civil Service Retirement 
     and Disability Fund an amount equal to 15 percent of the 
     final basic pay of each employee of the Smithsonian to whom a 
     voluntary separation incentive payment has been paid.
       This Act may be cited as the ``Department of the Interior 
     and Related Agencies Appropriations Act, 1996''.
       (d) For programs, projects or activities for in the 
     Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Act, 1996, 
     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; 
     $4,146,278,000 plus reimbursements, of which $3,226,559,000 
     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 $170,000,000 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, $850,000,000 shall be for carrying out title 
     II, part A of such Act, $126,672,000 shall be for carrying 
     out title II, part C of such Act and $2,500,000 shall be 
     available for obligation from October 1, 1995 through 
     September 30, 1996 to support short-term training and 
     employment-related activities incurred by the organizer 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

[[Page H3899]]

     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 
     titles II-B and II-C of the Job Training Partnership Act 
     between the programs authorized by those titles 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, $290,940,000.
       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, $82,060,000.

              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, $135,328,000, together 
     with not to exceed $3,102,194,000 (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 $133,452,000, together with not to 
     exceed $738,283,000 of the amount which may be expended from 
     said trust fund shall be available for obligation for the 
     period July 1, 1996, through June 30, 1997, to fund 
     activities under the Act of June 6, 1933, as amended, 
     including the cost of penalty mail made available to States 
     in lieu of allotments for such purpose, and of which 
     $216,333,000 shall be available only to the extent necessary 
     for additional State allocations to administer unemployment 
     compensation laws to finance increases in the number of 
     unemployment insurance claims filed and claims paid or 
     changes in a State law: Provided, That to the extent that the 
     Average Weekly Insured Unemployment (AWIU) for fiscal year 
     1996 is projected by the Department of Labor to exceed 2.785 
     million, an additional $28,600,000 shall be available for 
     obligation for every 100,000 increase in the AWIU level 
     (including a pro rata amount for any increment less than 
     100,000) from the Employment Security Administration Account 
     of the Unemployment Trust Fund: Provided further, That funds 
     appropriated in this Act which are used to establish a 
     national one-stop career center network may be obligated in 
     contracts, grants or agreements with non-State entities: 
     Provided further, That funds appropriated under this Act for 
     activities authorized under the Wagner-Peyser Act, as 
     amended, and title III of the Social Security Act, may be 
     used by the States to fund integrated Employment Service and 
     Unemployment Insurance automation efforts, notwithstanding 
     cost allocation principles prescribed under Office of 
     Management and Budget Circular A-87.

        advances to the unemployment trust fund and other funds

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


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

                              (rescission)

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


        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, $67,497,000.

                  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, $265,637,000, together with $1,007,000 
     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

[[Page H3900]]

     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, $304,984,000 including not to exceed 
     $68,295,000 which shall be the maximum amount available for 
     grants to States under section 23(g) of the Occupational 
     Safety and Health Act, which grants shall be no less than 
     fifty percent of the costs of State occupational safety and 
     health programs required to be incurred under plans approved 
     by the Secretary under section 18 of the Occupational Safety 
     and Health Act of 1970; and, in addition, notwithstanding 31 
     U.S.C. 3302, the Occupational Safety and Health 
     Administration may retain up to $750,000 per fiscal year of 
     training institute course tuition fees, otherwise authorized 
     by law to be collected, and may utilize such sums for 
     occupational safety and health training and education grants: 
     Provided, That none of the funds appropriated under this 
     paragraph shall be obligated or expended to prescribe, issue, 
     administer, or enforce any standard, rule, regulation, or 
     order under the Occupational Safety and Health Act of 1970 
     which is applicable to any person who is engaged in a farming 
     operation which does not maintain a temporary labor camp and 
     employs ten or fewer employees: Provided further, That no 
     funds appropriated under this paragraph shall be obligated or 
     expended to administer or enforce any standard, rule, 
     regulation, or order under the Occupational Safety and Health 
     Act of 1970 with respect to any employer of ten or fewer 
     employees who is included within a category having an 
     occupational injury lost workday case rate, at the most 
     precise Standard Industrial Classification Code for which 
     such data are published, less than the national average rate 
     as such rates are most recently published by the Secretary, 
     acting through the Bureau of Labor Statistics, in accordance 
     with section 24 of that Act (29 U.S.C. 673), except--
       (1) to provide, as authorized by such Act, consultation, 
     technical assistance, educational and training services, and 
     to conduct surveys and studies;
       (2) to conduct an inspection or investigation in response 
     to an employee complaint, to issue a citation for violations 
     found during such inspection, and to assess a penalty for 
     violations which are not corrected within a reasonable 
     abatement period and for any willful violations found;
       (3) to take any action authorized by such Act with respect 
     to imminent dangers;
       (4) to take any action authorized by such Act with respect 
     to health hazards;
       (5) to take any action authorized by such Act with respect 
     to a report of an employment accident which is fatal to one 
     or more employees or which results in hospitalization of two 
     or more employees, and to take any action pursuant to such 
     investigation authorized by such Act; and
       (6) to take any action authorized by such Act with respect 
     to complaints of discrimination against employees for 
     exercising rights under such Act:

     Provided further, That the foregoing proviso shall not apply 
     to any person who is engaged in a farming operation which 
     does not maintain a temporary labor camp and employs ten or 
     fewer employees.

                 Mine Safety and Health Administration

                         salaries and expenses

       For necessary expenses for the Mine Safety and Health 
     Administration, $196,673,000, including purchase and bestowal 
     of certificates and trophies in connection with mine rescue 
     and first-aid work, and the hire of passenger motor vehicles; 
     the Secretary is authorized 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, 
     $293,181,000, 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 
     $51,278,000, 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, $141,047,000; 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, 
     except as otherwise specified herein: 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: 
     Provided further, That these provisions shall not be 
     applicable to the review of any decision issued under the 
     Black Lung Benefits Act (30 U.S.C. 901 et seq.).
       Beginning on September 13, 1996, in any appeal to the 
     Benefits Review Board that has been pending for one year, the 
     petitioner may elect to maintain the proceeding before the 
     Benefits Review Board for a period of 60 days. Such election 
     shall be filed with the Board no later than 30 days prior to 
     the end of the one-year period. If no decision is rendered 
     during this 60-day period, the decision under review shall be 
     considered affirmed by the Board on the last day of such 
     period, and 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

[[Page H3901]]

     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 
     directly or through section 23(g) of the Occupational Safety 
     and Health Act 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.
       Sec. 104. Funds shall be available for carrying out title 
     IV-B of the Job Training Partnership Act, notwithstanding 
     section 427(c) of that Act, if a Job Corps center fails to 
     meet national performance standards established by the 
     Secretary.
       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, $3,077,857,000, 
     of which $391,700,000 shall be for a part A of title XXVI of 
     the Public Health Service Act and $260,847,000 shall be for 
     Part B of title XXVI of the Public Health Service Act, and of 
     which $411,000 shall remain available until expended for 
     interest subsidies on loan guarantees made prior to fiscal 
     year 1981 under part B of title VII of the Public Health 
     Service Act: Provided, That the Division of Federal 
     Occupational Health may utilize personal services contracting 
     to employ professional management/administrative, and 
     occupational health professionals: Provided further, That of 
     the funds made available under this heading, $858,000 shall 
     be available until expended for facilities renovations at the 
     Gillis W. Long Hansen's Disease Center: Provided further, 
     That in addition to fees authorized by section 427(b) of the 
     Health Care Quality Improvement Act of 1986, fees shall be 
     collected for the full disclosure of information under the 
     Act sufficient to recover the full costs of operating the 
     National Practitioner Data Bank, and shall remain available 
     until expended to carry out that Act: Provided further, That 
     no more than $5,000,000 is available for carrying out the 
     provisions of Public Law 104-73: 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 99 percent of the fiscal year 1995 level: 
     Provided further,That funds made available under this heading 
     for activities authorized by part A of title XXVI of the 
     Public Health Service Act are available only for those 
     metropolitan areas previously funded under Public Law 103-333 
     or with a cumulative total of more than 2,000 cases of AIDS, 
     as reported to the Centers for Disease Control and Prevention 
     as of March 31, 1995, and have a population of 500,000 or 
     more: Provided further, That of the amounts provided for part 
     B of title XXVI of the Public Health Service Act $52,000,000 
     shall be used only for State AIDS Drug Assistance Programs 
     authorized by section 2616 of the Health Service Act and 
     shall be distributed to States as authorized by section 
     2618(b)(2) of such Act.

               medical facilities guarantee and loan fund


           federal interest subsidies for medical facilities

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

               health education assistance loans program

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

             vaccine injury compensation program trust fund

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

                      vaccine injury compensation

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

               Centers for Disease Control and Prevention


                disease control, research, and training

                              (rescission)

       Of the amounts made available under this heading in Public 
     Law 103-333, Public Law 103-112, and Public Law 102-394 for 
     immunization activities, $53,000,000 are hereby rescinded: 
     Provided, That the Director may redirect the total amount 
     made available under authority of Public Law 101-502, section 
     3, dated November 3, 1990, to activities the Director may so 
     designate: Provided further, That the Congress is to be 
     notified promptly of any such transfer.

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

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

     retirement pay and medical benefits for commissioned officers

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

               Agency for Health Care Policy and Research

                    health care policy and research

       For carrying out titles III and IX of the Public Health 
     Service Act, and part A of title XI of the Social Security 
     Act, $65,186,000; in addition, amounts received from Freedom 
     of Information Act fees, reimbursable and interagency 
     agreements, and the sale of data tapes shall be credited to 
     this appropriation and shall remain available until expended: 
     Provided, That the amount made available pursuant to section 
     926(b) of the Public Health Service Act shall not exceed 
     $60,124,000.

                  Health Care Financing Administration

                     grants to states for medicaid

       For carrying out, except as otherwise provided, titles XI 
     and XIX of the Social Security Act, $55,094,355,000, to 
     remain available until expended.
       For making, after May 31, 1996, payments to States under 
     title XIX of the Social Security Act for the last quarter of 
     fiscal year 1996 for unanticipated costs, incurred for the 
     current fiscal year, such sums as may be necessary.
       For making payments to States under title XIX of the Social 
     Security Act for the first quarter of fiscal year 1997, 
     $26,155,350,000, to remain available until expended.

[[Page H3902]]

       Payment under title XIX may be made for any quarter with 
     respect to a State plan or plan amendment in effect during 
     such quarter, if submitted in or prior to such quarter and 
     approved in that or any subsequent quarter.

                  payments to health care trust funds

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

                           program management

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

      health maintenance organization loan and loan guarantee fund

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

                Administration for Children and Families

                   family support payments to states

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

                   job opportunities and basic skills

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

                   low income home energy assistance

                         (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, $300,000,000 to be available for 
     obligation in the period October 1, 1996 through September 
     30, 1997: 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.
       Funds made available in the fourth paragraph under this 
     heading in Public Law 103-333 that remain unobligated as of 
     September 30, 1996 shall remain available until September 30, 
     1997.

                     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), $402,172,000: 
     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, $2,381,000,000: Provided, That 
     notwithstanding section 2003(c) of such Act, the amount 
     specified for allocation under such section for fiscal year 
     1996 shall be $2,381,000,000.

                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, $4,767,006,000, 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.

                        Administration on Aging

                        aging services programs

       For carrying out, to the extent not otherwise provided, the 
     Older Americans Act of 1965, as amended, $829,393,000 of 
     which $4,449,000 shall be for section 712 and $4,732,000 
     shall be for section 721: 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 of the Public 
     Health Service Act, $139,499,000, together with $6,628,000, 
     to be transferred and expended as authorized by section 
     201(g)(1) of the Social Security Act from the Hospital 
     Insurance Trust Fund and the Supplemental Medical Insurance 
     Trust Fund: Provided, That of the funds made available under 
     this heading for carrying out title XVII of the Public Health 
     Service Act, $7,500,000 shall be available until expended for 
     extramural construction.

                      office of inspector general

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $36,162,000, 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

[[Page H3903]]

     399L(b) of the Public Health Service Act or section 1503 of 
     the National Institutes of Health Revitalization Act of 1993, 
     Public Law 103-43.
       Sec. 204. None of the funds made available by this Act may 
     be used to withhold payment to any State under the Child 
     Abuse Prevention and Treatment Act by reason of a 
     determination that the State is not in compliance with 
     section 1340.2(d)(2)(ii) of title 45 of the Code of Federal 
     Regulations. This provision expires upon the date of 
     enactment of the reauthorization of the Child Abuse 
     Prevention and Treatment Act or upon September 30, 1996, 
     whichever occurs first.
       Sec. 205. None of the funds appropriated in this or any 
     other Act for the National Institutes of Health and the 
     Substance Abuse and Mental Health Services Administration 
     shall be used to pay the salary of an individual, through a 
     grant or other extramural mechanism, at a rate in excess of 
     $125,000 per year.
       Sec. 206. 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, 
     or for other taps and assessments made by any office located 
     in the Department of Health and Human Services, 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 
     and section 106 of Public law 104-99, 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 and 
     section 128 of Public Law 104-99.
       Sec. 209. None of the funds appropriated in this Act may be 
     obligated or expended for the Federal Council on Aging under 
     the Older Americans Act or the Advisory Board on Child Abuse 
     and Neglect under the Child Abuse Prevention and Treatment 
     Act.
       Sec. 210. Of the funds provided for the account heading 
     ``Disease Control, Research, and Training'' in Public Law 
     104-91, $31,642,000, to be derived from the Violent Crime 
     Reduction Trust Fund, is hereby available for carrying out 
     sections 40151, 40261, and 40293 of Public Law 103-322 
     notwithstanding any provision of Public Law 104-91.


                          (transfer of funds)

       Sec. 211. Not to exceed 1 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Health and Human Services in this Act may be transferred 
     between such appropriations, but not 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.


                          (transfer of funds)

       Sec. 212. The Director, National Institutes of Health, 
     jointly with the Director, Office of AIDS Research, may 
     transfer up to 3 percent among Institutes, Centers, and the 
     National Library of Medicine from the total amounts 
     identified in the apportionment for each Institute, Center, 
     or the National Library of Medicine 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, 
     Office of AIDS Research, in accordance with section 2353 of 
     the Public Health Service Act: Provided further, That the 
     Congress is promptly notified of the transfer.
       Sec. 213. In fiscal year 1996, the National Library of 
     Medicine may enter into personal services contracts for the 
     provision of services in facilities owned, operated, or 
     constructed under the jurisdiction of the National Institutes 
     of Health.
       Sec. 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.
       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, $530,000,000, of which $340,000,000 for 
     the Goals 2000: Educate America Act and $180,000,000 for the 
     School-to-Work Opportunities Act 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: Provided further, That none 
     of the funds appropriated under this heading shall be 
     obligated or expended to carry out section 304(a)(2)(A) of 
     the Goals 2000: Educate America Act.

                    education for the disadvantaged

       For carrying out title I of the Elementary and Secondary 
     Education Act of 1965, and section 418A of the Higher 
     Education Act, $7,228,116,000, of which $5,913,391,000 shall 
     become available on July 1, 1996 and shall remain available 
     through September 30, 1997 and of which $1,298,386,000 shall 
     become available on October 1, 1996 and shall remain 
     available through September 30, 1997 for academic year 1996-
     1997: Provided, That $5,985,839,000 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 $677,241,000 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, $693,000,000, 
     of which $581,707,000 shall be for basic support payments 
     under section 8003(b), $40,000,000 shall be for payments for 
     children with disabilities under section 8003(d), 
     $50,000,000, to remain available until expended, shall be for 
     payments under section 8003(f), $5,000,000 shall be for 
     construction under section 8007, and $16,293,000 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 and 2, V-A, VI, section 7203, and titles 
     IX, X and XIII of the Elementary and Secondary Education Act 
     of 1965; the Stewart B. McKinney Homeless Assistance Act; and 
     the Civil Rights Act of 1964; $1,223,708,000 of which 
     $1,015,481,000 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), $178,000,000 of which 
     $50,000,000 shall be for immigrant education programs 
     authorized by part C: Provided, That State educational 
     agencies may use all, or any part of, their part C allocation 
     for competitive grants to local educational agencies: 
     Provided further, That the Department of Education should 
     only support instructional programs which ensure that 
     students completely master English in a timely fashion (a 
     period of three to five years) while meeting rigorous 
     achievement standards in the academic content areas.

                           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 
     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: Provided 
     further, That the Republic of the Marshall Islands, the 
     Federated States of Micronesia, and the Republic of Palau 
     shall be considered public or private nonprofit entities or 
     organizations for the purpose of parts C,D,E,F, and G of the 
     Individuals with Disabilities Education Act: Provided 
     further, That, from the funds available under section 611 of 
     the Act, the Secretary shall award grants, for which Guam, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, The Republic of the Marshall Islands, the Federated 
     States of Micronesia, and the Republic of Palau shall be 
     eligible, to carry out the purposes set forth in section 
     601(c) of the Act, and that the amount of funds available for 
     such grants shall be equal to the amount that the Republic of 
     the Marshall Islands, the Federated States of Micronesia, and 
     the Republic of Palau would be eligible to receive if they 
     were considered jurisdictions for the purpose of section 
     611(e) of the Act: Provided further, That the Secretary shall 
     award grants in accordance with the recommendations of the 
     entity specified in section 1121(b)(2)(A) of the Elementary 
     and Secondary Education Act, including the provision of 
     administrative costs

[[Page H3904]]

     to such entity not to exceed five percent: Provided further, 
     That to be eligible for a competitive award under the 
     Individuals with Disabilities Education Act, the Republic of 
     the Marshall Islands, the Federated States of Micronesia, and 
     the Republic of Palau must meet the conditions applicable to 
     States under part B of the Act.

            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, and the 1996 Paralympics 
     Games, $2,456,120,000 of which $7,000,000 will be used to 
     support the Paralympics Games: Provided, That $1,000,000 of 
     the funds provided for Special Demonstrations shall be used 
     to continue the two head injury centers that were first 
     funded under this program in fiscal year 1992.

           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, $1,340,261,000, of which $4,869,000 shall be for the 
     National Institute for Literacy; and of which $1,337,342,000 
     shall become available on July 1, 1996 and shall remain 
     available thorugh 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 undre section 451 
     and $350,000 shall be for evaluations under section 346(b) of 
     the Act and no funds shall be awarded to a State Council 
     under section 112(f), and no State shall be required to 
     operate such a Council.

                      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, $6,312,033,000, which shall remain available 
     through September 30, 1997: Provided, That notwithstanding 
     section 401(a)(1) of the Act, there shall be not to exceed 
     $3,650,000 Pell Grant recipients in award year 1995-1996.
       The maximum Pell Grant for which a student shall be 
     eligible during award year 1996-1997 shall be $2,470: 
     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 
     $4,967,446,000 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), titles IV, V, VI, VII, and IX, part A and 
     subpart 1 of part B of title X, and 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.), $182,348,000: 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, 3136, 
     3141, and 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, 
     $351,268,000: Provided, That $48,000,000 shall be for 
     sections 3136 and 3141 of the Elementary and Secondary 
     Education Act: Provided further, That $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: Provided further, That none of the funds 
     appropriated in this paragraph may be obligated or expended 
     for the Goals 2000 Communnity Partnerships Program: Provided 
     further, That funds for International Education Exchange 
     shall be used to extend the two grants awarded in fiscal year 
     1995.

                               libraries

       For carrying out, to the extent not otherwise provided, 
     titles I, II, III, and IV of the Library Services and 
     Construction Act, and title II-B of the Higher Education Act, 
     $132,505,000, 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 $3,000,000 shall 
     be for section 223 of the Higher Education Act: Provided, 
     That $1,000,000 shall be awarded to the Survivors of the 
     Shoak Vianal History Foundation to document and archive 
     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: 
     Provided further, That $1,000,000 shall be awarded to the 
     National Museum of Women in the Arts.

                        Departmental Management

                         program administration

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

                        office for civil rights

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

                    office of the inspector general

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


                        Headquarters Renovation

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

                           GENERAL PROVISIONS

       Sec. 301. No funds appropriated in this Act may be used for 
     the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     overcome racial imbalance in any school or school system, or 
     for the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     carry out a plan of racial desegregation of any school or 
     school system.
       Sec. 302. None of the funds contained in this Act shall be 
     used to require, directly or indirectly, the transportation 
     of any student to a school other than the school which is 
     nearest

[[Page H3905]]

     the student's home, except for a student requiring special 
     education, to the school offering such special education, in 
     order to comply with title VI of the Civil Rights Act of 
     1964. For the purpose of this section an indirect requirement 
     of transportation of students includes the transportation of 
     students to carry out a plan involving the reorganization of 
     the grade structure of schools, the pairing of schools, or 
     the clustering of schools, or any combination of grade 
     restructuring, pairing or clustering. The prohibition 
     described in this section does not include the establishment 
     of magnet schools.
       Sec. 303. No funds appropriated under this Act may be used 
     to prevent the implementation of programs of voluntary prayer 
     and meditation in the public schools.
       Sec. 304. No funds appropriated under this Act shall be 
     made available for opportunity to learn standards or 
     strategies.
       Sec. 305. Notwithstanding any other provision of law, funds 
     available under section 458 of the Higher Education Act shall 
     not exceed $436,000,000 for fiscal year 1996. The Department 
     of Education shall pay administrative cost allowances owed to 
     guaranty agencies for fiscal year 1995 estimated to be 
     $95,000,000 and administrative cost allowances owed to 
     guaranty agencies for fiscal year 1996 estimated to be 
     $81,000,000. The Department of Education shall pay 
     administrative cost allowances to guaranty agencies, to be 
     paid quarterly, calculated on the basis of 0.85 percent of 
     the total principal amount of loans upon which insurance was 
     issued on or after October 1, 1995 by such guaranty agencies. 
     Receipt of such funds and uses of such funds by guaranty 
     agencies shall be in accordance with section 428(f) of the 
     Higher Education Act.
       Notwithstanding section 458 of the Higher Education Act, 
     the Secretary may not use funds available under that section 
     or any other section for subsequent fiscal years for 
     administrative expenses of the William D. Ford Direct Loan 
     Program. The Secretary may not require the return of guaranty 
     agency reserve funds during fiscal year 1996, except after 
     consultation with both the Chairmen and Ranking Members of 
     the House Economic and Educational Opportunities Committee 
     and the Senate Labor and Human Resources Committee. Any 
     reserve funds recovered by the Secretary shall be returned to 
     the Treasury of the United States for purposes of reducing 
     the Federal deficit.
       No funds available to the Secretary may be used for (1) the 
     hiring of advertising agencies or other third parties to 
     provide advertising services for student loan programs, or 
     (2) payment of administrative fees relating to the William D. 
     Ford Direct Loan Program to institutions of higher education.
       Sec. 306. From any unobligated funds that are available to 
     the Secretary of Education to carry out sections 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)--
       (1) half of the funds shall be available to the Secretary 
     of Education to carry out subsection (c) of this section; and
       (2) half of the funds shall be available to the Secretary 
     of Education to carry out subparagraphs (B), (C), and (D) of 
     section 8007(a)(2) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7707(a)(2)), as amended by subsection 
     (b) of this section.
       (b) Subparagraph (B) of section 8007(a)(2) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7707(a)(2)) is amended by striking ``and in which the 
     agency'' and all that follows through ``renovation''.
       (c)(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.
       (d) The Secretary of Education shall report to the House 
     and Senate Appropriations Committees on the total amounts 
     available pursuant to subsections (a)(1) and (a)(2) within 30 
     days of enactment of this Act.
       Sec. 307. None of the funds appropriated in this Act may be 
     obligated or expended to carry out sections 727, 932, and 
     1002 of the Higher Education Act of 1965, and section 621(b) 
     of Public Law 101-589.


                          (transfer of funds)

       Sec. 308. Not to exceed 1 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Education in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 3 percent by any such transfers: Provided, That 
     the Appropriations Committees of both Houses of Congress are 
     notified at least fifteen days in advance of any transfers.
       This title may be cited as the ``Department of Education 
     Appropriations Act, 1996''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

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

             Corporation for National and Community Service

        domestic volunteer service programs, operating expenses

       For expenses necessary for the Corporation for National and 
     Community Service to carry out the provisions of the Domestic 
     Volunteer Service Act of 1973, as amended, $198,393,000.

                  Corporation for Public Broadcasting

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

               Federal Mediation and Conciliation Service

                         salaries and expenses

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

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

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

        National Commission on Libraries and Information Science

                         salaries and expenses

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

                     National Council on Disability

                         salaries and expenses

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

                     National Education Goals Panel

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

                     National Labor Relations Board

                         salaries and expenses

       For expenses necessary for the National Labor Relations 
     Board to carry out the functions vested in it by the Labor-
     Management Relations Act, 1947, as amended (29 U.S.C. 141-
     167), and other laws, $170,743,000: Provided, That no part of 
     this appropriation shall be available to organize or assist 
     in organizing agricultural laborers or used in connection 
     with investigations, hearings, directives, or orders 
     concerning bargaining units composed of agricultural laborers 
     as referred to in section 2(3) of the Act of July 5, 1935 (29 
     U.S.C. 152), and as amended by the Labor-Management Relations 
     Act, 1947, as amended, and as defined in section 3(f) of the 
     Act of June 25, 1938 (29 U.S.C. 203), and including in said 
     definition employees engaged in the maintenance and operation 
     of ditches, canals, reservoirs, and waterways when maintained 
     or operated on a mutual, nonprofit basis and at least 95 per 
     centum of the water stored or supplied thereby is used for 
     farming purposes: Provided further, That none of the funds 
     made available by this Act shall be used in any way to 
     promulgate a final rule (altering 29 CFR part 103) regarding 
     single location bargaining units in representation cases.

[[Page H3906]]

                        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, $18,545,512,000, 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.
       In addition, $15,000,000, to remain available until 
     September 30, 1997, for continuing disability reviews as 
     authorized by section 103 of Public Law 104-121. The term 
     ``continuing disability reviews'' has the meaning given such 
     term by section 201(g)(1)(A) of the Social Security Act.
       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 
     $5,267,268,000 may be expended, as authorized by section 
     201(g)(1) of the Social Security Act or as necessary to carry 
     out sections 9704 and 9706 of the Internal Revenue Code of 
     1986 from any one or all of the trust funds referred to 
     therein: Provided, That reimbursement to the trust funds 
     under this heading for administrative expenses to carry out 
     sections 9704 and 9706 of the Internal Revenue Code of 1986 
     shall be made, with interest, not later than September 30, 
     1997: Provided further, That unobligated balances at the end 
     of fiscal year 1996 not needed for 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, 
     $387,500,000, for disability caseload processing.
       From funds provided under the previous two paragraphs, not 
     less than $200,000,000 shall be available for conducting 
     continuing disability reviews.
       In addition to funding already available under this 
     heading, and subject to the same terms and conditions, 
     $60,000,000, to remain available until September 30, 1997, 
     for continuing disability reviews as authorized by section 
     103 of Public Law 104-121. The term ``continuing disability 
     reviews'' has the meaning given such term by section 
     201(g)(1)(A) of the Social Security Act.
       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, 
     $73,169,000, to be derived from the railroad retirement 
     accounts.


   limitation on railroad unemployment insurance administration fund

       For further expenses necessary for the Railroad Retirement 
     Board, for administration of the Railroad Unemployment 
     Insurance Act, not less than $16,786,000 shall be apportioned 
     for fiscal year 1996 from moneys credited to the railroad 
     unemployment insurance administration fund.

                  special management improvement fund

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

             limitation on the office of inspector general

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

                    United States Institute of Peace

                           operating expenses

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

                      TITLE V--GENERAL PROVISIONS

       Sec. 501. The Secretaries of Labor, Health and Human 
     Services, and Education are authorized to transfer unexpended 
     balances of prior appropriations to accounts corresponding to 
     current appropriations provided in this Act: Provided, That 
     such transferred balances are used for the same purpose, and 
     for the same periods of time, for which they were originally 
     appropriated.
       Sec. 502. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503. (a) No part of any appropriation contained in 
     this Act shall be used, other than for normal and recognized 
     executive-legislative relationships, for publicity or 
     propaganda purposes, for the preparation, distribution, or 
     use of any kit, pamphlet, booklet, publication, radio, 
     television, or film presentation designed to support or 
     defeat legislation pending before the Congress, except in 
     presentation to the Congress itself.
       (b) No part of any appropriation contained in this Act 
     shall be used to pay the salary or expenses of any grant or 
     contract recipient, or agent acting for such recipient, 
     related to any activity designed to influence legislation or 
     appropriations pending before the Congress.
       Sec. 504. The Secretaries of Labor and Education are each 
     authorized to make available not to exceed $15,000 from funds 
     available for salaries and expenses under titles I and III, 
     respectively, for official reception and representation 
     expenses; the Director of the Federal Mediation and 
     Conciliation Service is authorized to make available for 
     official reception and representation expenses not to exceed 
     $2,500 from the funds available for ``Salaries and expenses, 
     Federal Mediation and Conciliation Service''; and the 
     Chairman of the National Mediation Board is authorized to 
     make available for official reception and representation 
     expenses not to exceed $2,500 from funds available for 
     ``Salaries and expenses, National Mediation Board''.
       Sec. 505. Notwithstanding any other provision of this Act, 
     no funds appropriated under this Act shall be used to carry 
     out any program of distributing sterile needles for the 
     hypodermic

[[Page H3907]]

     injection of any illegal drug unless the Secretary of Health 
     and Human Services determines that such programs are 
     effective in preventing the spread of HIV and do not 
     encourage the use of illegal drugs.
       Sec. 506. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.
       Sec. 507. When issuing statements, press releases, requests 
     for proposals, bid solicitations and other documents 
     describing projects or programs funded in whole or in part 
     with Federal money, all grantees receiving Federal funds, 
     including but not limited to State and local governments and 
     recipients of Federal research grants, shall clearly state 
     (1) the percentage of the total costs of the program or 
     project which will be financed with Federal money, (2) the 
     dollar amount of Federal funds for the project or program, 
     and (3) percentage and dollar amount of the total costs of 
     the project or program that will be financed by 
     nongovernmental sources.
       Sec. 508. None of the funds appropriated under this Act 
     shall be expended for any abortion except when it is made 
     known to the Federal entity or official to which funds are 
     appropriated under this Act that such procedure is necessary 
     to save the life of the mother or that the pregnancy is the 
     result of an act of rape or incest.
       Sec. 509. 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 final default rate determination made by the Secretary 
     under the Federal Family Education Loan or Federal Direct 
     Loan program under parts B and D of such title, respectively, 
     and issued by the Secretary on or after February 14, 1996. 
     The preceding sentence shall not apply to an institution that 
     (1) was not participating in either such loan program on such 
     date (or would not have been participating on such date but 
     for the pendency of an appeal of a default rate determination 
     issued prior to such date) unless the institution 
     subsequently participates in either such loan program; or (2) 
     has a participation rate index (as defined at 34 CFR 668.17) 
     that is less than or equal to 0.0375.
       No institution may be subject to the terms of this section 
     unless it has had the opportunity to appeal its default rate 
     determination under regulations issued by the Secretary for 
     the FFEL and Federal Direct Loan Programs.
       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.


establishment of prohibition against abortion-related discrimination in 
                  training and licensing of physicians

       Sec. 515. 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 post-graduate 
     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. 516. SURVEY AND CERTIFICATION OF MEDICARE PROVIDERS.

       (a) Intervals Between Standard Surveys for Home Health 
     Agencies.--Section 1891(c)(2)(A) of the Social Security Act 
     (42 U.S.C. 1395bbb(c)(2)(A)) is amended--
       (1) by striking ``15 months'' and inserting ``36 months'', 
     and
       (2) by amending the second sentence to read as follows: 
     ``The Secretary shall establish a frequency for surveys of 
     home health agencies within this 36-month interval 
     commensurate with the need to assure the delivery of quality 
     home health services.''.
       (b) Recognition of Accreditation.--Section 1865 of such Act 
     (42 U.S.C. 1395bb) is amended--
       (1) by redesignating subsection (b) as subsection (d),
       (2) by redesignating the fourth sentence of subsection (a) 
     as subsection (c), and
       (3) by striking the third sentence of subsection (a) and 
     inserting after and below the second sentence the following 
     new subsection:
       ``(b)(1) In addition, if the Secretary finds that 
     accreditation of a provider entity (as defined in paragraph 
     (4)) by the American Osteopathic Association or any other 
     national accreditation body demonstrates that all of the 
     applicable conditions or requirements of this title (other 
     than the requirements of section 1834(j) or the conditions 
     and requirements under section 1881(b)) are met or exceeded--
       ``(A) in the case of a provider entity not described in 
     paragraph (3)(B), the Secretary shall treat such entity as 
     meeting those conditions or requirements with respect to 
     which the Secretary made such finding; or
       ``(B) in the case of a provider entity described in 
     paragraph (3)(B), the Secretary may treat

[[Page H3908]]

     such entity as meeting those conditions or requirements with 
     respect to which the Secretary made such finding.
       ``(2) In making such a finding, the Secretary shall 
     consider, among other factors with respect to a national 
     accreditation body, its requirements for accreditation, its 
     survey procedures, its ability to provide adequate resources 
     for conducting required surveys and supplying information for 
     use in enforcement activities, its monitoring procedures for 
     provider entities found out of compliance with the conditions 
     or requirements, and its ability to provide the Secretary 
     with necessary data for validation.
       ``(3)(A) Except as provided in subparagraph (B), not later 
     than 60 days after the date of receipt of a written request 
     for a finding under paragraph (1) (with any documentation 
     necessary to make a determination on the request), the 
     Secretary shall publish a notice identifying the national 
     accreditation body making the request, describing the nature 
     of the request, and providing a period of at least 30 days 
     for the public to comment on the request. The Secretary shall 
     approve or deny a request for such a finding, and shall 
     publish notice of such approval or denial, not later than 210 
     days after the date of receipt of the request (with such 
     documentation). Such an approval shall be effective with 
     respect to accreditation determinations made on or after such 
     effective date (which may not be later than the date of 
     publication of the approval) as the Secretary specifies in 
     the publication notice.
       ``(B) The 210-day and 60-day deadlines specified in 
     subparagraph (A) shall not apply in the case of any request 
     for a finding with respect to accreditation of a provider 
     entity to which the conditions and requirements of section 
     1819 and 1861(j) apply.
       ``(4) For purposes of this section, the term `provider 
     entity' means a provider of services, supplier, facility, 
     clinic, agency, or laboratory.''.
       (c) Authority for Validation Surveys.--
       (1) In general.--The first sentence of section 1864(c) of 
     such Act (42 U.S.C. 1395aa(c)) is amended by striking 
     ``hospitals'' and all that follows and inserting ``provider 
     entities that, pursuant to subsection (a) or (b)(1) of 
     section 1865, are treated as meeting the conditions or 
     requirements of this title.''.
       (2) Conforming amendments.--Section 1865 of such Act, as 
     amended by subsection (b), is further amended--
       (A) in subsection (d), as redesignated by subsection 
     (b)(1)--
       (i) by striking ``a hospital'' and inserting ``a provider 
     entity'',
       (ii) by striking ``the hospital'' each place it appears and 
     inserting ``the entity'', and
       (iii) by striking ``the requirements of the numbered 
     paragraphs of section 1861(e)'' and inserting ``the 
     conditions or requirements the entity has been treated as 
     meeting pursuant to subsection (a) or (b)(1)''; and
       (B) by adding at the end the following new subsection:
       ``(e) For provisions relating to validation surveys of 
     entities that are treated as meeting applicable conditions or 
     requirements of this title pursuant to subsection (a) or 
     (b)(1), see section 1864(c).''.
       (d) Study and Report on Deeming for Nursing Facilities and 
     Renal Dialysis Facilities.--
       (1) Study.--The Secretary of Health and Human Services 
     shall provide for--
       (A) a study concerning the effectiveness and 
     appropriateness of the current mechanisms for surveying and 
     certifying skilled nursing facilities for compliance with the 
     conditions and requirements of sections 1819 and 1861(j) of 
     the Social Security Act and nursing facilities for compliance 
     with the conditions of section 1919 of such Act, and
       (B) a study concerning the effectiveness and 
     appropriateness of the current mechanisms for surveying and 
     certifying renal dialysis facilities for compliance with the 
     conditions and requirements of section 1881(b) of the Social 
     Security Act.
       (2) Report.--Not later than July 1, 1997, the Secretary 
     shall transmit to Congress a report on each of the studies 
     provided for under paragraph (1). The report on the study 
     under paragraph (1)(A) shall include (and the report on the 
     study under paragraph (1)(B) may include) a specific 
     framework, where appropriate, for implementing a process 
     under which facilities covered under the respective study may 
     be deemed to meet applicable medicare conditions and 
     requirements if they are accredited by a national 
     accreditation body.
       Sec. 517. 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. 518. Section 119 of Public Law 104-99 is hereby 
     repealed.


             optional, alternative medicaid payment method

       Sec. 519. (a) Election.--A heavily impacted high-DSII State 
     (as defined in subsection (d)) may elect to receive payments 
     for expenditures under title XIX of the Social Security Act 
     for the period beginning October 1, 1995, and ending June 30, 
     1996 (in this section referred to as the ``9-month period''), 
     for State fiscal year 1996-1997, and (subject to subsection 
     (c)(4) for State fiscal year 1997-1998 in accordance with the 
     alternative payment method specified in subsection (b) rather 
     than in accordance with section 1903(a) of such Act.
       (b) Alternative Payment Method.--
       (1) In general.--Under the alternative payment method 
     specified in this subsection--
       (A) any percentage otherwise specified in section 1903(a) 
     of the Social Security Act for expenditures in the 9-month 
     period or a State fiscal year for which the election is in 
     effect shall be equal to 100 percent minus the non-Federal 
     participation percentage (specified under paragraph (2)) for 
     the State for that period or State fiscal year, and
       (B) the total payment for the 9-month period or a State 
     fiscal year in which the election is in effect may not exceed 
     the maximum Federal financial participation specified in 
     paragraph (5) for the period or year.

     In applying subparagraph (B), there shall not be counted as 
     payments for any period or fiscal year any payment that is 
     attributable to an expenditure which is exempt under 
     subsection (c)(1). In applying such subparagraph to the 9-
     month period, there shall be counted payments (other than 
     those described in the previous sentence) that are 
     attributable to an expenditure for periods occurring in the 
     9-month period and before the date of the enactment of this 
     Act.
       (2) Non-federal participation percentage.--For purposes of 
     paragraph (1), the ``non-Federal participation percentage'' 
     for a State for the 9-month period or State fiscal year is 
     equal to the ratio of--
       (A) the State's base State expenditures (as defined in 
     paragraph (3)) plus the applicable percentage (as defined in 
     paragraph (4)) of the difference between the amount of such 
     expenditures and the amount of the State expenditures that 
     would be required for the State to qualify for the maximum 
     Federal financial participation specified in paragraph (5A) 
     under title XIX of the Social Security Act if this section 
     did not apply for such period or State fiscal year; to
       (B) the total expenditures under the State plan of the 
     State under such title for such period or State fiscal year.

     Such ratio shall be calculated as if total expenditures under 
     the State plan were no greater than necessary for the State 
     to receive the maximum Federal financial participation 
     specified in paragraph (5).
       (3) Base state expenditures.--For purposes of this 
     subsection, the term ``base State expenditures'' means--
       (A) for the 9-month period, $266,250,000, or
       (B) for State fiscal year 1996-1997, $355,000,000, or
       (C) for State fiscal year 1997-1998, $355,000,000.
       (4) Applicable percentage.--For purposes of this 
     subsection, the ``applicable percentage''--
       (A) for the 9-month period is 20 percent,
       (B) for State fiscal year 1996-1997 is 35 percent, and
       (C) for State fiscal year 1997-1998 is 55 percent.
       (5) Maximum federal participation.--For purposes of this 
     section, the maximum Federal financial participation 
     specified in this paragraph for a State--
       (A) for the 9-month period, $1,966,500,000.
       (B) for State fiscal year 1996-1997 is $2,622,000,000, and
       (C) for State fiscal year 1997-1998 is $2,622,000,000.
       (c) Additional Rules.--
       (1) Limiting application to expenditures for periods in 
     which election in effect.-- This section (and the maximum 
     Federal financial participation specified in subsection 
     (b)(5)) shall not apply to any expenditure that is applicable 
     to a reporting period that is not covered under an election 
     under subsection (a), including any expenditure applicable to 
     any reporting period before October 1, 1995.
       () Election process.-- An election of a State under 
     subsection (a) shall be made, by notice from the Governor of 
     the State to the Secretary of Health and Human Services, not 
     later than 30 days after the date of the enactment of this 
     Act.
       (3) Limitation.--For any period (on or after the date of an 
     election under this section) in which an election is in 
     effect for a State under this section--
       (A) the Federal Government has no obligation to provide 
     payment with respect to items and services provided under 
     title XIX of the Social Security Act in excess of the maximum 
     Federal financial participation specified in subsection 
     (b)(5) and such title shall not be construed as providing for 
     an entitlement, under Federal law in relation to the Federal 
     Government, in an individual or person (including any 
     provider) at the time of provision or receipt of services; 
     and
       (B) the State shall provide an entitlement to any person to 
     receive any service or other benefit to the extent that such 
     person would, but for this paragraph, be entitled to such 
     service or other benefit under such title.
       (4) Condition for state fiscal year 1997-1998.--This 
     section shall not apply to State fiscal year 1997-1998 except 
     to the extent provided for in a subsequent appropriation act.
       (d) Definition.--For purposes of this section, the term 
     ``heavily impacted high-DSH State'' means the State of 
     Louisiana.
       (e) State Fiscal Years Defined.--For purposes of this 
     section--
       (1) the term ``State fiscal year 1996-1997'' means the 
     period beginning July 1, 1996, and ending June 30, 1997, and
       (2) the term ``State fiscal year 1997-1998'' means the 
     period beginning July 1, 1997, and ending June 30, 1998.
       Sec. 520. (a) 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; and
       (2) the practice of female genital mutilation often results 
     in the occurrence of physical and psychological health 
     effects that harm the women involved.
       (d) The Secretary of Health and Human Services shall do the 
     following:
       (i) Compile data on the number of females living in the 
     United States who who have been

[[Page H3909]]

     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.
       (2) 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.
       (3) 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.
       (c) For purposes of this section 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.
       (d) The Secretary of Health and Human Services shall 
     commence carrying out this section not later than 90 days 
     after the date of enactment of this Act.

                  TITLE VI--ADDITIONAL APPROPRIATIONS

       Sec. 601. In addition to amounts otherwise provided in this 
     Act, the following amounts are hereby appropriated as 
     specified for the following appropriation accounts: Health 
     Care Financing Administration, ``Program Management'', 
     $396,000,000; and Office of the Secretary, ``Office of 
     Inspector General'', $22,330,000, 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.
       Sec. 602. Appropriations and funds made available pursuant 
     to section 601 of this Act shall be available until enactment 
     into law of a subsequent appropriation for fiscal year 1996 
     for any project or activity provided for in section 601.

      TITLE VII--AMENDMENTS TO THE GOALS 2000: EDUCATE AMERICA ACT

     SEC. 701. ELIMINATION OF THE NATIONAL EDUCATION STANDARDS AND 
                   IMPROVEMENT COUNCIL AND OPPORTUNITY-TO-LEARN 
                   STANDARDS.

       The Goals 2000: Educate America Act (20 U.S.C. 5801 et 
     seq.) is amended--
       (1) by repealing part B of title II (20 U.S.C. 5841 et 
     seq.)
       (2) by redesignating parts C and D of title II (20 U.S.C. 
     5861 et seq. and 5871 et seq.) as parts B and C, 
     respectively, of title II; and
       (3) in section 241 (20 U.S.C. 5871)--
       (A) in subsection (a), by striking ``(a) National Education 
     Goals Panel.--''; and
       (B) by striking subsections (b) through (d).

     SEC. 702. STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT.

       (A) Panel Composition; Opportunity-To-Learn Standards; and 
     Submission of Plan to the Secretary for Approval.--
       (1) State improvement plan.--Section 306 of the Goals 2000: 
     Educate America Act (20 U.S.C. 5886) is amended--
       (A) by amending subsection (b) to read as follows:
       ``(b) Plan Development.--A State improvement plan under 
     this title shall be developed by a broad-based State panel in 
     cooperation with the State educational agency and the 
     Governor.'';
       (B) by striking subsection (d).
       (b) Local Panel Composition.--Section 309(a)(3)(A) of such 
     Act (20 U.S.C. 5889(a)(3)(A)) is amended--
       (1) in the matter preceding clause (i), by striking 
     ``that--'' and inserting a semicolon; and
       (2) by striking clauses (i) and (ii).

     SEC. 703. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Goals 2000: Educate America Act.--
       (1) The table of contents for the Goals 2000: Educate 
     America Act is amended, in the items relating to title II--
       (A) by striking the items relating to part B;
       (B) by striking ``Part C'' and inserting ``Part B''; and
       (C) by striking ``Part D'' and inserting ``Part C''.
       (2) Section 2 of such Act (20 U.S.C. 5801) is amended--
       (A) in paragraph (4)--
       (i) in subparagraph (B), by inserting ``and'' after the 
     semicolon;
       (ii) by striking subparagraph (C); and
       (iii) by redesignating subparagraph (D) as subparagraph 
     (C); and
       (B) in paragraph (6)--
       (i) by striking subparagraph (C); and
       (ii) by redesignating subparagraphs (D) through (F) as 
     subparagraphs (C) through (E), respectively.
       (3) Section 3(a) of such Act (20 U.S.C. 5802) is amended--
       (A) by striking paragraph (7); and
       (B) by redesignating paragraphs (8) through (14) as 
     paragraphs (7) through (13), respectively.
       (4) Section 201(3) of such Act (20 U.S.C. 5821(3)) is 
     amended by striking``, voluntary national student 
     performance'' and all that follows through ``such Council'' 
     and inserting ``and voluntary national student performance 
     standards''.
       (5) Section 202(j) of such Act (20 U.S.C. 5822(j)) is 
     amended by striking``, student performance, or opportunity-
     to-learn'' and inserting ``or student performance''.
       (6) Section 203 of such Act (20 U.S.C. 5823) is amended--
       (A) in subsection (a)--
       (i) by striking paragraphs (2) and (3);
       (ii) by redesignating paragraphs (4) through (6) as 
     paragraphs (2) through (4), respectively; and
       (iii) by amending paragraph (2) (as redesignated by clause 
     (ii)) to read as follows:
       ``(2) review voluntary national content standards and 
     voluntary national student performance standards;''; and
       (B) in subsection (b)(1)--
       (i) in subparagraph (A), by inserting ``and'' after the 
     semicolon;
       (ii) in subparagraph (B), by striking ``; and'' and 
     inserting a period; and
       (iii) by striking subparagraph (C).
       (7) Section 204(a)(2) of such Act (20 U.S.C. 5824(a)(2)) is 
     amended--
       (A) by striking ``voluntary national opportunity-to-learn 
     standards,''; and
       (B) by striking ``described in section 213(f)''.
       (8) Section 304(a)(2) of such Act (20 U.S.C. 5884(a)(2)) is 
     amended--
       (A) in subparagraph (A), by adding ``and'' after the 
     semicolon;
       (B) in subparagraph (B), by striking ``; and'' and 
     inserting a period; and
       (C) by striking subparagraph (C).
       (9) Section 306(o) of such Act (20 U.S.C. 5886(o)) is 
     amended by striking ``State opportunity-to-learn standards or 
     strategies,''.
       (10) Section 308 of such Act (20 U.S.C. 5888) is amended--
       (A) in subsection (b)(2)--
       (i) in the matter preceding clause (i) of subparagraph (A), 
     by striking ``State opportunity-to-learn standards,''; and
       (ii) in subparagraph (A), by striking ``including--'' and 
     all that follows through ``part B of title II;'' and 
     inserting ``including through consortia of States;''; and
       (B) in subsection (c), by striking ``306(b)(1)'' and 
     inserting ``306(b)''.
       (11) For the purpose of expanding the use and availability 
     of computers and computer technology, Section 
     309(a)(6)(A)(ii) of such Act (20 U.S.C. 5889(a)(6)(A)(ii) is 
     amended by inserting after ``new public schools'' the 
     following: ``and the acquisition of technology and use of 
     technology-enhanced curricula and instruction''.
       (12) Section 312(b) of such Act (20 U.S.C. 5892(b)) is 
     amended--
       (A) by striking paragraph (1); and
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively
       (13) Section 314(a)(6)(A) of such Act (20 U.S.C. 
     5894(a)(6)(A)) is amended by striking ``certified by the 
     National Education Standards and Improvement Council and'' .
       (14) Section 315 of such Act (20 U.S.C. 5895) is amended--
       (A) in subsection (b)--
       (i) in paragraph (1)(C), by striking ``, including the 
     requirements for timetables for opportunity-to-learn 
     standards,'';
       (ii) by striking paragraph (2);
       (iii) by redesignating paragraphs (3) through (5) as 
     paragraphs (2) through (4), respectively;
       (iv) in paragraph (1)(A), by striking ``paragraph (4) of 
     this subsection'' and inserting ``paragraph (3)'';
       (v) in paragraph (2) (as redesignated by clause (iii))--

       (I) by striking subparagraph (A);
       (II) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (A) and (B), respectively; and
       (III) in subparagraph (A) (as redesignated by subclause 
     (II)) by striking ``, voluntary natural student performance 
     standards, and voluntary natural opportunity-to-learn 
     standards developed under part B of title II of this Act'' 
     and inserting ``and voluntary national student performance 
     standards'';
       (vi) in subparagraph (B) of paragraph (3) (as redesignated 
     by clause (iii)), by striking ``paragraph (5),'' and 
     inserting ``paragraph (4),''; and
       (vii) in paragraph (4) (as redesignated by clause (ii)), by 
     striking ``paragraph (4)'' each place it appears and 
     inserting ``paragraph (3)'';

       (B) in the matter preceding subparagraph (A) of subsection 
     (c)(2)--
       (i) by striking ``subsection (b)(4)'' and inserting 
     ``subsection (b)(3)''; and
       (ii) by striking ``and to provide a framework for the 
     implementation of opportunity-to-learn standards or 
     strategies''; and
       (C) in subsection (f), by striking ``subsection (b)(4)'' 
     each place it appears and inserting ``subsection (b)(3)''.
       (15)(A) Section 316 of such Act (20 U.S.C. 5896) is 
     repealed.
       (B) The table of contents for such Act is amended by 
     striking the item relating to section 316.
       (16) Section 317 of such Act (20 U.S.C. 5897) is amended--
       (A) in subsection (d)(4), by striking ``promote the 
     standards and strategies described in section 306(d),''; and
       (B) in subsection (e)--
       (i) in paragraph (2), by inserting ``and'' after the 
     semicolon;
       (ii) by striking paragraph (3); and
       (iii) by redesignating paragraph (4) as paragraph (3).
       (17) Section 503 of such Act (20 U.S.C. 5933) is amended--
       (A) in subsection (b)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``28'' and inserting ``27'';
       (II) by striking subparagraph (D); and

       (III) by redesignating subparagraphs (E) through (G) as 
     subparagraphs (D) through (F), respectively;

       (ii) in paragraphs (2), (3), and (5), by striking 
     ``subparagraphs (E), (F), and (G)'' each place it appears and 
     inserting ``subparagraphs (D), (E), and (F)'';
       (iii) in paragraph (2), by striking ``subparagraph (G)'' 
     and inserting ``subparagraph (F)'';
       (iv) in paragraph (4), by striking ``(C), and (D)'' and 
     inserting ``and (C)''; and
       (v) in the matter preceding subparagraph (A) of paragraph 
     (5), by striking ``subparagraph

[[Page H3910]]

     (E), (F), or (G)'' and inserting ``subparagraph (D), (E), or 
     (F)''; and
       (B) in subsection (e)--
       (i) in paragraph (1)(B), by striking ``subparagraph (E)'' 
     and inserting ``subparagraph (D)''; and
       (ii) in paragraph (2), by striking ``subparagraphs (E), 
     (F), and (G)'' and inserting ``subparagraphs (D), (E), and 
     (F)''
       (18) Section 504 of such Act (20 U.S.C. 5934) is amended--
       (A) by striking subsection (f); and
       (B) by redesignating subsection (g) as subsection (f).
         (b) Elementary and Secondary Education Act of 1965.--
       (1) Section 1111 of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311) is amended--
       (A) in subsection (b)(8)(B), by striking ``(which may 
     include opportunity-to-learn standards or strategies 
     developed under the Goals 2000: Educate America Act)'';
       (B) in subsection (f), by striking ``opportunity-to-learn 
     standards or strategies,'';
       (C) by striking subsection (g); and
       (D) by redesignating subsection (h) as subsection (g).
       (2) Section 1116 of such Act (20 U.S.C. 6317) is amended--
       (A) in subsection (c)--
       (i) in paragraph (2)(A)(i), by striking all beginning with 
     ``, which may'' through ``Act''; and
       (ii) in paragraph (5)(B)(i)--

       (I) in subclause (VI), by inserting ``and'' after the 
     semicolon;
       (II) in subclause (VII), by striking ``; and'' and 
     inserting a period; and
       (III) by striking subclause (VIII); and

       (B) in subsection (d)--
       (i) in paragraph (4)(B), by striking all beginning with ``, 
     and may'' through ``Act''; and
       (ii) in paragraph (6)(B)(i)--

       (I) by striking subclause (IV); and
       (II) by redesignating subclauses (V) through (VIII) as 
     subclauses (IV) through (VII), respectively.

       (3) Section 1501(a)(2)(B) of such Act (20 U.S.C. 
     6491(a)(2)(B)) is amended--
       (A) by striking clause (v); and
       (B) by redesignating clauses (vi) through (x) as clauses 
     (v) through (ix), respectively.
       (4) Section 10101(b)(1)(A)(i)) of such Act (20 U.S.C. 
     8001(b)(1)(A)(i)) is amended by striking ``and opportunity-
     to-learn standards or strategies for student learning''.
       (5) Section 14701(b)(1)(B)(v) of such Act (20 U.S.C. 
     8941(b)(1)(B)(v)) is amended by striking ``the National 
     Education Goals Panel,'' and all that follows through 
     ``assessments)'' and inserting ``and the National Education 
     Goals Panel''.
       (c) General Education Provisions Act.--Section 428 of the 
     General Education Provisions Act (20 U.S.C. 1228b), as 
     amended by section 237 of the Improving America's Schools Act 
     of 1994 (Public Law 103-382), is amended by striking ``the 
     National Education Standards and Improvement Council,''.
       (d) Education Amendments of 1978.--Section 1121(b) of the 
     Education Amendments of 1978 (25 U.S.C. 2001(b)), as amended 
     by section 381 of the Improving America's Schools Act of 1994 
     (Public Law 103-382), is amended by striking ``213(a)'' and 
     inserting ``203(a)(2)''.

     SEC. 704. DIRECT GRANTS TO LOCAL EDUCATIONAL AGENCIES.

       Section 304 of the Goals 2000: Educate America Act (20 
     U.S.C. 5884) is amended by adding at the end the following 
     new subsection:
       This Act may be cited as the ``Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 1996''.
       ``(e) Direct Grants to Local Educational Agencies.--
       ``(1) In general.--Notwithstanding subsection (c), if a 
     State educational agency was not participating in the program 
     under this section as of October 20, 1995, and the State 
     educational agency approves, the Secretary shall use all or a 
     portion of the allotment that the State would have received 
     under this section for a fiscal year to award grants to local 
     educational agencies in the State that have approved 
     applications under paragraph (2) for such fiscal year.
       ``(2) Application.--Any local educational agency that 
     desires to receive a grant under this subsection shall submit 
     an application to the Secretary that is consistent with the 
     provisions of this Act and shall notify the State educational 
     agency of such application in accordance with paragraph (1). 
     The Secretary may establish a deadline for the submission of 
     such applications.
       ``(3) Award basis.--The Secretary may use the student 
     enrollment of a total educational agency or other factors as 
     a basis for awarding grants under this subsection.''.

     SEC. 705. ALTERNATIVE TO SECRETARIAL APPROVAL OF STATE PLANS.

       (a) State Improvement Plans.--Section 306(n) of the Goals 
     2000: Educate America Act (20 U.S.C. 5886(n)) is amended by 
     adding at the end the following new paragraph:
       ``(4) Alternative submission.--
       ``(A) In general.--Notwithstanding any other provision of 
     this title, any State educational agency that wishes to 
     receive an allotment under this title after the first year 
     such State educational agency receives such an allotment may, 
     in lieu of submitting its State improvement plan for approval 
     by the Secretary under this subsection and section 305(c)(2), 
     or submitting major amendments to the Secretary under 
     subsection (p), provide the Secretary, as part of an 
     application under section 305(c) or as an amendment to a 
     previously approved application--
       ``(i) an assurance, from the Governor and the chief State 
     school officer of the State, that--
       ``(I) the State has a plan that meets the requirements of 
     this section and that is widely available throughout the 
     State; and
       ``(II) any amendments the State makes to the plan will meet 
     the requirements of this section; and
       ``(ii) the State's benchmarks of improved student 
     performance and of progress in implementing the plan, and the 
     timelines against which the State's progress in carrying out 
     the plan can be measured.
       ``(B) Annual report.--Any State educational agency that 
     chooses to use the alternative method described in paragraph 
     (1) shall annually report to the public summary information 
     on the use of funds under this title by the State and local 
     educational agencies in the State, as well as the State's 
     progress toward meeting the benchmarks and timelines 
     described in subparagraph (A)(ii).''.
       (b) State Applications.--Section 305(c)(2) of such Act (20 
     U.S.C. 5885(c)(2)) is amended by inserting ``except in the 
     case of a State educational agency submitting the information 
     described in section 306(n)(4),'' before ``include''.
       (c) Secretary's Review of Applications.--Section 307(b)(1) 
     of such Act (20 U.S.C. 5887(b)(1)) is amended--
       (1) in subparagraph (A), by striking ``or'' after the 
     semicolon;
       (2) in subparagraph (B), by striking ``and'' after the 
     semicolon and inserting ``or''; and
       (3) by adding at the end the following new subparagraph:
       ``(C) the State educational agency has submitted the 
     information described in section 306(n)(4); and''.
       (d) Progress Reports.--The matter preceding paragraph (1) 
     of section 312(a) of such Act (20 U.S.C. 5892(a)) is amended 
     by striking ``Each'' and inserting ``Except in the case of a 
     State educational agency submitting the information described 
     in section 306(n)(4), each''.

     SEC. 706. LIMITATIONS.

       Title III of the Goals 2000: Educate America Act (20 U.S.C. 
     5881 et seq.) is further amended by adding at the end the 
     following new section:

     SEC. 320. LIMITATIONS.

       ``(a) Prohibited Conditions.--Nothing in this Act shall be 
     construed to require a State, a local educational agency, or 
     a school, as a condition of receiving assistance under this 
     title--
       ``(1) to provide outcomes-based education; or
       ``(2) to provide school-based health clinics or any other 
     health or social service.
       ``(b) Limitation on Government Officials.--Nothing in this 
     Act shall be construed to require or permit any Federal or 
     State official to inspect a home, judge how parents raise 
     their children, or remove children from their parents, as a 
     result of the participation of a State, local educational 
     agency, or school in any program or activity carried out 
     under this Act.''.
       (e) For programs, projects or activities in the Departments 
     of Veterans Affairs and Housing and Urban Development, and 
     Independent Agencies Appropriations Act, 1996, 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,

[[Page H3911]]

     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 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) $3,206,000 for personnel compensation and benefits and 
     $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

[[Page H3912]]

     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 benefits'', and ``Veterans 
     insurance and indemnities'' may be transferred to any other 
     of the mentioned appropriations.
       Sec. 102. Appropriations available to the Department of 
     Veterans Affairs for 1996 for salaries and expenses shall be 
     available for services as authorized by 5 U.S.C. 3109.
       Sec. 103. No part of the appropriations in this Act for the 
     Department of Veterans Affairs (except the appropriations for 
     ``Construction, major projects'', ``Construction, minor 
     projects'', and the ``Parking revolving fund'') shall be 
     available for the purchase of any site for or toward the 
     construction of any new hospital or home.
       Sec. 104. No part of the foregoing appropriations shall be 
     available for hospitalization or examination of any persons 
     except beneficiaries entitled under the laws bestowing such 
     benefits to veterans, unless reimbursement of cost is made to 
     the appropriation at such rates as may be fixed by the 
     Secretary of Veterans Affairs.
       Sec. 105. Appropriations available to the Department of 
     Veterans Affairs for fiscal year 1996 for ``Compensation and 
     pensions'', ``Readjustment benefits'', and ``Veterans 
     insurance and indemnities'' shall be available for payment of 
     prior year accrued obligations required to be recorded by law 
     against the corresponding prior year accounts within the last 
     quarter of fiscal year 1995.
       Sec. 106. Appropriations accounts available to the 
     Department of Veterans Affairs for fiscal year 1996 shall be 
     available to pay prior year obligations of corresponding 
     prior year appropriations accounts resulting from title X of 
     the Competitive Equality Banking Act, Public Law 100-86, 
     except that if such obligations are from trust fund accounts 
     they shall be payable from ``Compensation and pensions''.
       Sec. 107. Notwithstanding any other provision of law, the 
     Secretary of Veterans Affairs is authorized to transfer, 
     without compensation or reimbursement, the jurisdiction and 
     control of a parcel of land consisting of approximately 6.3 
     acres, located on the south edge of the Department of 
     Veterans Affairs Medical and Regional Office Center, Wichita, 
     Kansas, including buildings Nos. 8 and 30 and other 
     improvements thereon, to the Secretary of Transportation for 
     the purpose of expanding and modernizing United States 
     Highway 54: Provided, That if necessary, the exact acreage 
     and legal description of the real property transferred shall 
     be determined by a survey satisfactory to the Secretary of 
     Veterans Affairs and the Secretary of Transportation shall 
     bear the cost of such survey: Provided further, That the 
     Secretary of Transportation shall be responsible for all 
     costs associated with the transferred land and improvements 
     thereon, and compliance with all existing statutes and 
     regulations: Provided further, That the Secretary of Veterans 
     Affairs and the Secretary of Transportation may require such 
     additional terms and conditions as each Secretary considers 
     appropriate to effectuate this transfer of land.
       Sec. 108. Construction Authorization.--Authorization of 
     major medical facility projects and major medical facility 
     leases for the Department of Veterans Affairs for fiscal year 
     1996.
       (a) Authorization of Major Medical Facility Projects.--The 
     Secretary of Veterans Affairs may carry out the following 
     major medical facility projects, with each project to be 
     carried out in the amount authorized for that project:
       (1) Construction of an outpatient clinic in Brevard County, 
     Florida, in the amount of $25,000,000.
       (2) Construction of an outpatient clinic at Travis Air 
     Force Base in Fairfield, California, in the amount of 
     $25,000,000.
       (3) Construction of an ambulatory care addition at the 
     Department of Veterans Affairs medical center in Boston, 
     Massachusetts in the amount of $28,000,000.
       (4) Construction of a medical research addition at the 
     Department of Veterans Affairs medical center in Portland, 
     Oregon, an additional authorization in the amount of 
     $16,000,000, for a total amount of $32,100,000.
       (b) Authorization of Major Medical Facility Leases.--The 
     Secretary of Veterans Affairs may enter into leases for 
     medical facilities as follows:
       (1) Lease of a satellite outpatient clinic in Fort Myers, 
     Florida, in the amount of $1,736,000.
       (2) Lease of a National Footwear Center in New York, New 
     York, in the amount of $1,054,000.
         (c) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of Veterans 
     Affairs for fiscal year 1996--
       (1) $94,000,000 for the major medical facility projects 
     authorized in subsection (a); and
       (2) $2,790,000 for the major medical facility leases 
     authorized in subsection (b).
       (d) Limitation.--The projects authorized in subsection (a) 
     may only be carried out using--
       (1) funds appropriated for fiscal year 1996 and subsequent 
     fiscal year pursuant to the authorization of appropriations 
     in subsection (c).
       (2) funds appropriated for Construction, Major Projects for 
     a fiscal year before fiscal year 1996 that remain available 
     for obligation; and
       (3) funds appropriated for Construction, Major Projects for 
     fiscal year 1996 for a category of activity not specific to a 
     project.
       (e) Limitation Concerning Outpatient Clinic Projects.--In 
     the case of either of the projects for a new outpatient 
     clinic authorized in paragraphs (1) and (2) of subsection 
     (a)--
       (1) the Secretary of Veterans Affairs may not obligate any 
     funds for that project until the Secretary determines, and 
     certifies to the Committees on Veterans' Affairs of the 
     Senate and House of Representatives, the amount required for 
     the project; and
       (2) the amount obligated for the project may not exceed the 
     amount certified under paragraph (1) with respect to that 
     project.
       Sec. 109. (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''.

                                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, $9,818,795,000, 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

[[Page H3913]]

     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, $4,007,862,000 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 $192,000,000 
     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 nine months or more because of differing 
     interpretations, by the Secretary and an owner concerning the 
     time of the ability of an uninsured section 236 property to 
     prepay or by the Secretary and a State or local rent 
     regulatory agency, concerning the effect of a presumptively 
     applicable State or local rent control law or regulation on 
     the determination of preservation value under section 213 of 
     LIHPRHA, as amended, if the owner of such project filed 
     notice of intent to extend the low-income affordability 
     restrictions of the housing, or transfer to a qualified 
     purchaser who would extend such restrictions, on or before 
     November 1, 1993: Provided further, That eligible low-income 
     housing shall include properties meeting the requirements of 
     this paragraph with mortgages that are held by a State agency 
     as a result of a sale by the Secretary without insurance, 
     which immediately before the sale would have been eligible 
     low-income housing under LIHPRHA: Provided further, That 
     notwithstanding any other provision of law, subject to the 
     availability of appropriated funds, each unassisted low-
     income family residing in the housing on the date of 
     prepayment or voluntary termination, and whose rent, as a 
     result of a rent increase occurring no later than one year 
     after the date of the prepayment, exceeds 30 percent of 
     adjusted income, shall be offered tenant-based assistance in 
     accordance with section 8 or any successor program, under 
     which the family shall pay no less for rent than it paid on 
     such date: Provided further, That any family receiving 
     tenant-based assistance under the preceding proviso may elect 
     (1) to remain in the unit of the housing and if the rent 
     exceeds the fair market rent or payment standard, as 
     applicable, the rent shall be deemed to be the applicable 
     standard, so long as the administering public housing agency 
     finds that the rent is reasonable in comparison with rents 
     charged for comparable unassisted housing units in the market 
     or (2) to move from the housing and the rent will be subject 
     to the fair market rent of the payment standard, as 
     applicable, under existing program rules and procedures: 
     Provided further, That 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

[[Page H3914]]

     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.
       Of the total amount provided under this heading, and in 
     addition to funds otherwise earmarked in the previous 
     paragraph, for section 202 of the Housing Act of 1959 and 
     section 811 of the Cranston-Gonzalez National Affordable 
     Housing Act, $75,000,000: Provided, That $50,000,000 of such 
     sum shall be available for purposes authorized by section 202 
     of the Housing Act of 1959, and $25,000,000 shall be 
     available for purposes authorized by section 811 of the 
     Cranston-Gonzalez National Affordable Housing Act: Provided 
     further, That such additional 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

       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, $480,000,000, 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 $480,000,000, 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.


                  home investment partnerships program

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


           Indian Housing Loan Guarantee Fund Program Account

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

                          Homeless Assistance


                       Homeless Assistance Grants

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

                   Community Planning and Development


                      community development grants

                     (including transfer of funds)

       For grants to States and units of general local government 
     and for related expenses, not otherwise provided for, 
     necessary for carrying out a community development grants 
     program as authorized by title I of the Housing and Community 
     Development Act of 1974, as amended (42 U.S.C. 5301), 
     $4,600,000,000, to remain available until September 30, 1998: 
     Provided, That $50,000,000 shall be available for grants to 
     Indian tribes pursuant to section 106(a)(1) of the Housing 
     and Community Development Act of 1974, as amended (42 U.S.C. 
     5301), $2,000,000 shall be available as a grant to the 
     Housing Assistance Council, $1,000,000 shall be available as 
     a grant to the National American Indian Housing Council, and 
     $27,000,000 shall be available for ``special purpose grants'' 
     pursuant to section 107 of such Act: Provided further, That 
     not to exceed 20 per centum of any grant made with funds 
     appropriated herein (other than a grant made available under 
     the preceding proviso to the Housing Assistance Council or 
     the National American Indian Housing Council, or a grant 
     using funds under section 107(b)(3) of the Housing and 
     Community Development Act of 1974) shall be expended for 
     ``Planning and Management Development'' and 
     ``Administration'' as defined in regulations promulgated by 
     the Department of Housing and Urban Development: Provided 
     further, That section 105(a)(25) of such Act, as added by 
     section 907(b)(1) of the Cranston-Gonzalez National 
     Affordable Housing Act, shall continue to be effective after 
     September 30, 1995, notwithstanding section 907(b)(2) of such 
     Act: Provided further, That section 916 of the Cranston-
     Gonzalez National Affordable Housing Act shall apply with 
     respect to fiscal year 1996, notwithstanding section 916(f) 
     of that Act.
       Of the amount provided under this heading, the Secretary of 
     Housing and Urban Development may use up to $53,000,000 for 
     grants to public housing agencies (including Indian housing 
     authorities), nonprofit corporations, and other appropriate 
     entities for a supportive services program to assist 
     residents of public and assisted housing, former residents of 
     such housing receiving tenant-based assistance under section 
     8 of such Act (42 U.S.C. 1437f), and other low-income 
     families and individuals to become self-sufficient: Provided, 
     That the program shall provide supportive services, 
     principally for the benefit of public housing residents, to 
     the elderly and the disabled, and to families with children 
     where the head of the household would benefit from the 
     receipt of supportive services and is working, seeking work, 
     or is preparing for work by participating in job training or 
     educational programs: Provided further, That the supportive 
     services shall include congregate services for the elderly 
     and disabled, service coordinators, and coordinated 
     educational, training, and other supportive services, 
     including academic skills training, job search assistance, 
     assistance related to retaining employment, vocational and 
     entrepreneurship development and support programs, 
     transportation, and child care: Provided further, That the 
     Secretary shall require applicants to demonstrate firm 
     commitments of funding or services from other sources: 
     Provided further, That the Secretary shall select public and 
     Indian housing agencies to receive

[[Page H3915]]

     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 made available under this heading, 
     notwithstanding any other provision of law, $50,000,000 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.
       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 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, to remain available until expended, 
     from the sale of such assigned mortgage notes, 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.

[[Page H3916]]

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

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

     to the tenant-based assistance program or appropriate site 
     revitalization of such agency.
       (6) Cessation of unnecessary spending.--Notwithstanding any 
     other provision of law, if, in the determination of the 
     Secretary, a development meets or is likely to meet the 
     criteria set forth in subsection (a), the Secretary may 
     direct

[[Page H3917]]

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


             streamlining section 8 tenant-based assistance

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


         public housing/section 8 moving to work demonstration

       Sec. 204. (a) Purpose.--The purpose of this demonstration 
     is to give public housing agencies and the Secretary of 
     Housing and Urban Development the flexibility to design and 
     test various approaches for providing and administering 
     housing assistance that: reduce cost and achieve greater cost 
     effectiveness in Federal expenditures; give incentives to 
     families with children where the head of household is 
     working, seeking work, or is preparing for work by 
     participating in 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 demonstration and to 
     participate in a detailed evaluation.
       (d) Selection.--In selecting among applications, the 
     Secretary shall take into account the potential of each 
     agency to plan and carry out a program under the 
     demonstration, the relative performance by an agency under 
     the public housing management assessment program under 
     section 6(j) of the United States Housing Act of 1937, and 
     other appropriate factors as determined by the Secretary.
       (e) Applicability of 1937 Act Provisions.--
       (1) Section 18 of the United States Housing Act of 1937 
     shall continue to apply to public housing notwithstanding any 
     use of the housing under this demonstration.
       (2) Section 12 of such Act shall apply to housing assisted 
     under the demonstration, other than housing assisted solely 
     due to occupancy by families receiving tenant-based 
     assistance.
       (f) Effect on Section 8, Operating Subsidies, and 
     Comprehensive Grant Program Allocations.--The amount of 
     assistance received under section 8, section 9, or pursuant 
     to section 14 by a public housing agency participating in the 
     demonstration under this part shall not be diminished by its 
     participation.
       (g) Records, Reports, and Audits.--
       (1) Keeping of records.--Each agency shall keep such 
     records as the Secretary may prescribe as reasonably 
     necessary to disclose the amounts and the disposition of 
     amounts under this demonstration, to ensure compliance with 
     the requirements of this section, and to measure performance.
       (2) Reports.--Each agency shall submit to the Secretary a 
     report, or series of reports, in a form and at a time 
     specified by the Secretary. Each report shall--
       (A) document the use of funds made available under this 
     section;
       (B) provide such data as the Secretary may request to 
     assist the Secretary in assessing the demonstration; and
       (C) describe and analyze the effect of assisted activities 
     in addressing the objectives of this part.
       (3) Access to documents by the secretary.--The Secretary 
     shall have access for the purpose of audit and examination to 
     any books, documents, papers, and records that are pertinent 
     to assistance in connection with, and the requirements of, 
     this section.
       (4) Access to documents by the comptroller general.--The 
     Comptroller General of the United States, or any of the duly 
     authorized representatives of the Comptroller General, shall 
     have access for the purpose of audit and examination to any 
     books, documents, papers, and records that are pertinent to 
     assistance in connection with, and the requirements of, this 
     section.
       (h) Evaluation and Report.--
       (1) Consultation with pha and family representatives.--In 
     making assessments throughout the demonstration, the 
     Secretary shall consult with representatives of public 
     housing agencies and residents.
       (2) Report to congress.--Not later than 180 days after the 
     end of the third year of the demonstration, the Secretary 
     shall submit to the Congress a report evaluating the programs 
     carried out under the demonstration. The report shall also 
     include findings and recommendations for any appropriate 
     legislative action.
       (i) Funding for Technical Assistance and Evaluation.--From 
     amounts appropriated for assistance under section 14 of the 
     United States Housing Act of 1937 for fiscal years 1996, 
     1997, and 1998, the Secretary may use up to a total of 
     $5,000,000--
       (1) to provide, directly or by contract, training and 
     technical assistance--
       (A) to public housing agencies that express an interest to 
     apply for training and technical assistance pursuant to 
     subsection (c)(4), to assist them in designing programs to be 
     proposed for the demonstration; and
       (B) to up to 10 agencies selected to receive training and 
     technical assistance pursuant to subsection (c)(4), to assist 
     them in implementing the approved program; and
       (2) to conduct detailed evaluations of the activities of 
     the public housing agencies under paragraph (1)(B), directly 
     or by contract.


            extension of multifamily housing finance program

       Sec. 205. (a) The first sentence of section 542(b)(5) of 
     the Housing and Community Development Act of 1992 (12 U.S.C. 
     1707 note) is amended by striking ``on not more than 15,000

[[Page H3918]]

     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 12,000 units during fiscal year 1996''.


        foreclosure of hud-held mortgages through third parties

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


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

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


                    transfer of section 8 authority

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


               documentation of multifamily refinancings

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


                FHA MULTIFAMILY DEMONSTRATION AUTHORITY

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

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

[[Page H3919]]

       (3) the physical and financial condition of the projects;
       (4) the occupancy profile of the projects, including the 
     income, family size, race, and ethnic origin of current 
     tenants, and the rents paid by such tenants;
       (5) a description of actions undertaken pursuant to this 
     section, including a description of the effectiveness of such 
     actions and any impediments to the transfer or sale of 
     multifamily housing projects;
       (6) a description of the extent to which the demonstrations 
     under this section have displaced tenants of multifamily 
     housing projects;
       (7) a description of any of the functions performed in 
     connection with this section that are transferred or 
     contracted out to public or private entities or to States;
       (8) a description of the impact to which the demonstrations 
     under this section have affected the localities and 
     communities where the selected multifamily housing projects 
     are located; and
       (9) a description of the extent to which the demonstrations 
     under this section have affected the owners of multifamily 
     housing projects.


 assessment collection dates for office of federal housing enterprise 
                               oversight

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


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

       Sec. 212. All remaining obligated and unobligated balances 
     in the Renewal of Expiring Section 8 Subsidy Contracts 
     account on September 30, 1995, shall immediately thereafter 
     be transferred to and merged with the obligated and 
     unobligated balances, respectively, of the Annual 
     Contributions for Assisted Housing account.


                            debt forgiveness

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


                             clarifications

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


                         employment limitations

       Sec. 215. (a) By the end of fiscal year 1996 the Department 
     of Housing and Urban Development shall employ no more than 
     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 77 
     schedule C and 20 non-career senior executive service 
     employees.


                              use of funds

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


                       lead-based paint abatement

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


      extension period for sharing utility cost savings with phas

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


                          mortgage note sales

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


                         repeal of frost-leland

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


              fha single-family assignment program reform

       Sec. 221. (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 (Public Law 
     104-99), is amended by striking ``special foreclosure'' and 
     inserting in lieu thereof ``special forebearance''.
       ``(b) Savings Provision.--Any mortgage for which the 
     mortgagor has applied to the Secretary, before the date of 
     enactment of this Act, for assignment to the Secretary 
     pursuant to section 230(b) of the National Housing Act shall 
     continue to be governed by the provisions of each section, as 
     in effect immediately before enactment of the Balanced Budget 
     Downpayment Act, I.
       (2) Section 230(d) of the National Housing Act, as amended 
     by section 407(b) of the Balanced Budget Downpayment Act, I, 
     is repealed.
       ``(c) Regulations.--(1) Not later than 30 days after the 
     date of enactment of this Act, the Secretary of Housing and 
     Urban Development shall issue interim regulations to 
     implement section 407 of the Balanced Budget Downpayment Act, 
     I, and the amendments to the National Housing Act made by 
     that section.
       (2) Section 407(d) of the Balanced Budget Downpayment Act, 
     I, is repealed.
       (d) Extension of Reform to Mortgages Originated in Fiscal 
     Year 1996.--Section 407(c) of the Balanced Budget Downpayment 
     Act, I, is amended by striking ``originated before October 1, 
     1995'' and inserting ``executed before October 1, 1996''.


                          spending limitations

       Sec. 222. (a) None of the funds in this Act may be used by 
     the Secretary to impose any sanction, or penalty because of 
     the enactment of any State or local law or regulation 
     declaring English as the official language.
       (b) No part of any appropriation contained in this Act 
     shall be used for lobbying activities as prohibited by law.
       Sec. 223. 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. 224. 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

[[Page H3920]]

     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. 225. 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. 226. (a) The Secretary shall award for the 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), for the State of New York, not more than 35 
     percent of the funds made available for fiscal year 1996 for 
     grants allocated for any multi-year commitment. The Secretary 
     shall issue proposed and final rulemaking for the 
     requirements of the community development grants program for 
     the State of New York before issuing a Notice of Funding 
     Availability for funds made available for fiscal year 1997.
       Sec. 227. All funds allocated for the State of New York for 
     fiscal years 1995 and 1996 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 partnership 
     program, notwithstanding the memorandum from the general 
     Counsel of the Department of Housing and Urban Development 
     dated March 5, 1996.
       Sec. 228. (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''.


             technical correction to minimum rent authority

       Sec. 229. Section 402(a) of The Balanced Budget Downpayment 
     Act, I (Public Law 104-99), is amended by inserting after 
     ``as amended,'' the following: ``or section 206(d) of the 
     Housing and Urban-Rural Recovery Act of 1983 (including 
     section 206(d)(5) of such Act),''.


                     minimum rent waiver authority

       Sec. 230. Notwithstanding section 402(a) of The Balanced 
     Budget Downpayment Act, I (Public Law 104-99), the Secretary 
     of Housing and Urban Development or a public housing agency 
     (including an Indian housing authority) may waive the minimum 
     rent requirement of that section to provide a transition 
     period for affected families. The term of a waiver approved 
     pursuant to this section may be retroactive, but may not 
     apply for more than three months with respect to any family.

                               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, $45,000,000, 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 $28,440,000: 
     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, 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

[[Page H3921]]

     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.


                           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 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.


                      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 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; 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; $1,677,300,000, 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, $110,000,000, 
     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 $1,313,400,000, to remain available until 
     expended, consisting of $1,063,400,000 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.


              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, $2,813,000,000, to remain 
     available until expended, of which $1,848,500,000 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

[[Page H3922]]

     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 $141,500,000 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 
     Reports and statements of the managers accompanying H.R. 2099 
     and this Act: 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 $1,848,500,000 for 
     capitalization grants for State revolving funds to support 
     water infrastructure financing, $500,000,000 shall be for 
     drinking water State revolving funds, but if no drinking 
     water State revolving fund legislation is enacted by August 
     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 
     August 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 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. 304. 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, $2,150,000.

                  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 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

       Notwithstanding any other provision of law, for fiscal year 
     1996, there is hereby appropriated a total of $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

[[Page H3923]]

     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.

                Department of Health and Human Services


                       office of consumer affairs

       For necessary expenses of the Office of Consumer Affairs, 
     including services authorized by 5 U.S.C. 3109, $1,800,000: 
     Provided, That notwithstanding any other provision of law, 
     that Office may accept and deposit to this account, during 
     fiscal year 1996, gifts for the purpose of defraying its 
     costs of printing, publishing, and distributing consumer 
     information and educational materials; may expend up to 
     $1,110,000 of those gifts for those purposes, in addition to 
     amounts otherwise appropriated; and the balance shall remain 
     available for expenditure for such purposes to the extent 
     authorized in subsequent appropriations Act: Provided 
     further, That none of the funds provided under this heading 
     may be made available for any other activities within the 
     Department of Health and Human Services.

             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; $5,928,900,000, 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.
       Notwithstanding section 202 of Public Law 104-99, section 
     212 of Public Law 104-99 shall remain in effect as if enacted 
     as part of this Act.
       Within its Mission to Planet Earth program, NASA is urged 
     to fund Phase A studies for a radar satellite initiative.

                  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; $2,314,000,000, 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 
     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;

[[Page H3924]]

     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.
       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.

[[Page H3925]]

       (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.
       Sec. 521. Upon enactment of this Act, the provisions of 
     section 201(b) of Public Law 104-99, except the last proviso, 
     are superseded.
       This Act may be cited as the ``Departments of Veterans 
     Affairs and Housing and Urban Development, and Independent 
     Agencies Appropriations Act, 1996''.

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

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                   Food Safety and Inspection Service

       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 benefit 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.

                 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, $80,514,000, 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, not to exceed $7,288,000, 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 $80,514,000, 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 is designated by Congress as an 
     emergency requirement pursuant to section 251(b)(2)(D)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

            Rural Housing and Community Development Service


              rural housing insurance fund program account

       For an additional amount for ``Rural housing insurance fund 
     program account'' for the additional cost of direct loans, 
     including the cost of modifying loans as defined in section 
     502 of the Congressional Budget Act of 1974, for emergency 
     expenses resulting from flooding in the Pacific Northwest, 
     the Northeast blizzards and floods, Hurricane Marilyn, and 
     other natural disasters, to be available from funds in the 
     rural housing insurance fund as follows: $5,000,000 for 
     section 502 direct loans and $1,500,000 for section 504 
     housing repair loans, to remain available until expended: 
     Provided, That the entire amount is designated by Congress as 
     an emergency requirement pursuant to section 251(b)(2)(D)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.


                 very low-income housing repair grants

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

                        Rural Utilities Service


                   rural utilities assistance program

       For an additional amount for the ``Rural Utilities 
     Assistance Program'' for the cost of direct loans and grants, 
     including the cost of modifying loans as defined in section 
     502 of the Congressional Budget Act of 1974, to assist in the 
     recovery from flooding 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, 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. 2001. 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. 2002. Notwithstanding any other provision of law, the 
     Secretary of Agriculture is hereby authorized to make or 
     guarantee an operating loan under Subtitle B or an emergency 
     loan under Subtitle C of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1922 et. seq.), as in effect prior 
     to April 4, 1996, to a loan applicant who was less than 90 
     days delinquent on April 4, 1996, if the loan applicant had 
     submitted an application for the loan prior to April 5, 1996.

                               CHAPTER 1A

                      FOOD AND DRUG EXPORT REFORM

     SEC. 2101. SHORT TITLE; REFERENCE.

       (a) Short Title.--This chapter may be cited as the ``FDA 
     Export Reform and Enhancement Act of 1996''.
       (b) Reference.--Wherever in this chapter (other than in 
     section 2104) 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. 2102. EXPORT OF DRUGS AND DEVICES.

       (a) Imports for Export.--Section 801 (21 U.S.C. 381) is 
     amended--
       (1) in subsection (d), by adding at the end thereof the 
     following:
       ``(3) No component of a drug, no component part or 
     accessory of a device which is ready or suitable for use for 
     health-related purposes, and no food additive, color 
     additive, or dietary supplement, including a product in bulk 
     form, shall be excluded from importation into the United 
     States under subsection (a) if--
       ``(A) the importer of such article of a drug or device or 
     importer of the food additive, color additive, or dietary 
     supplement submits a statement to the Secretary, at the time 
     of initial importation, that such article of a drug or 
     device, food additive, color additive, or dietary supplement 
     is intended to be incorporated by the initial owner or 
     consignee into a drug, biological product, device, food, food 
     additive, color additive, or dietary supplement that will be 
     exported by such owner or consignee from the United States in 
     accordance with section 801(e) or 802 or section 351(h) of 
     the Public Health Service Act;
       ``(B) the initial owner or consignee responsible for such 
     imported article maintains records that identify the use of 
     such imported article and upon request of the Secretary 
     submits a report that provides an accounting of the 
     exportation or the disposition of the imported article, 
     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 of a drug 
     or device and any food additive, color additive, or dietary 
     supplement not incorporated as described in subparagraph (A) 
     is destroyed or exported by the owner or consignee.''
       ``(4) The importation into the United States of blood, 
     blood components, source plasma, or source leukocytes or of a 
     component, accessory, or part thereof is not permitted 
     pursuant to paragraph (3) unless the importation complies 
     with section 351(a) of the Public Health Service Act or the 
     Secretary permits the importation under appropriate 
     circumstances and conditions, as determined by the Secretary. 
     The importation of tissue or a component or part of tissue is 
     not permitted pursuant to paragraph (3) unless the 
     importation complies with section 361 of the Public Health 
     Service Act.'';
       (b) Export of Certain Products.--Section 801 (21 U.S.C. 
     381) is amended--
       (1) in subsection (e)(1), by striking the second sentence;

[[Page H3926]]

       (2) 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
       (3) in subsection (e), by adding at the end thereof the 
     following:;
       ``(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.
       ``(4)(A) Any person who exports a drug, animal drug, or 
     device may request that the Secretary--
       ``(i) certify in writing that the exported drug, animal 
     drug, or device meets the requirements of paragraph (1) or 
     section 802; or
       ``(ii) certify in writing that the drug, animal drug, or 
     device being exported meets the applicable requirements of 
     this Act upon a showing that the drug or device meets the 
     applicable requirements of this Act.

     The Secretary shall issue such a certification within 20 days 
     of the receipt of a request for such certification.
       ``(B) If the Secretary issues a written export 
     certification within the 20 days prescribed by subparagraph 
     (A), a fee for such certification may be charged but shall 
     not exceed $175 for each certification. Fees collected for a 
     fiscal year pursuant to this subparagraph shall be credited 
     to the appropriation account for salaries and expenses of the 
     Food and Drug Administration and shall be available in 
     accordance with appropriations Acts until expended without 
     fiscal year limitation. Such fees shall be collected in each 
     fiscal year in an amount equal to the amount specified in 
     appropriations Acts for such fiscal year and shall only be 
     collected and available for the costs of the Food and Drug 
     Administration.''.
       (c) Labeling of Exported Drugs.--Section 801 (21 U.S.C. 
     381) is amended by adding at the end the following:
       ``(f)(1) If a drug being exported in accordance with 
     subsection (e) is being exported to a country that has 
     different or additional labeling requirements or conditions 
     for use and such country requires the drug to be labeled in 
     accordance with those requirements or uses, such drug may be 
     labeled in accordance with such requirements and conditions 
     for use in the country to which such drug is being exported 
     if it also is labeled in accordance with the requirements of 
     this Act.
       ``(2) If, pursuant to paragraph (1), the labeling of an 
     exported drug includes conditions for use that have not been 
     approved under this Act, the labeling must state that such 
     conditions for use have not been approved under this Act.''.
       (d) Export of Certain Unapproved Drugs and Devices.--
       (1) Amendment.--Section 802 (21 U.S.C. 382) is amended to 
     read as follows:


                ``exports of certain unapproved products

       ``Sec. 802. (a) A drug or device--
       ``(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;
       ``(B) does not have such approval or license; and
       ``(C) is not exempt from such sections or Act; and
       ``(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, except as provided in 
     subsection (f), authorized under subsection (b), (c), (d), or 
     (e) or section 801(e)(2). If a drug 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 515 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)(A) A drug or device described in subsection (a) 
     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 authority--
       ``(i) in Australia, Canada, Israel, Japan, New Zealand, 
     Switzerland, or South Africa; or
       ``(ii) 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.
       ``(B) The Secretary may designate an additional country to 
     be included in the list of countries described in clauses (i) 
     and (ii) of subparagraph (A) if all of the following 
     requirements are met in such country:
       ``(i) Statutory or regulatory requirements which require 
     the review of drugs and devices for safety and effectiveness 
     by an entity of the government of such country and which 
     authorize the approval of only those drugs and devices which 
     have been determined to be safe and effective by experts 
     employed by or acting on behalf of such entity and qualified 
     by scientific training and experience to evaluate the safety 
     and effectiveness of drugs and devices on the basis of 
     adequate and well-controlled investigations, including 
     clinical investigations, conducted by experts qualified by 
     scientific training and experience to evaluate the safety and 
     effectiveness of drugs and devices.
       ``(ii) Statutory or regulatory requirements that the 
     methods used in, and the facilities and controls used for--
       ``(I) the manufacture, processing, and packing of drugs in 
     the country are adequate to preserve their identity, quality, 
     purity, and strength; and
       ``(II) the manufacture, preproduction design validation, 
     packing, storage, and installation of a device are adequate 
     to assure that the device will be safe and effective.
       ``(iii) Statutory or regulatory requirements for the 
     reporting of adverse reactions to drugs and devices and 
     procedures to withdraw approval and remove drugs and devices 
     found not to be safe or effective.
       ``(iv) Statutory or regulatory requirements that the 
     labeling and promotion of drugs and devices must be in 
     accordance with the approval of the drug or device.
       ``(v) The valid marketing authorization system in such 
     country or countries is equivalent to the systems in the 
     countries described in clauses (i) and (ii) of subparagraph 
     (A).

     The Secretary shall not delegate the authority granted under 
     this subparagraph.
       ``(C) An appropriate country official, manufacturer, or 
     exporter may request the Secretary to take action under 
     subparagraph (B) to designate an additional country or 
     countries to be added to the list of countries described in 
     clauses (i) and (ii) of subparagraph (A) 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.
       ``(2) A drug described in subsection (a) may be directly 
     exported to a country which is not listed in clause (i) or 
     (ii) of paragraph (1)(A) if--
       ``(A) the drug complies with the laws of that country and 
     has valid marketing authorization by the responsible 
     authority in that country; and
       ``(B) the Secretary determines that all of the following 
     requirements are met in that country:
       ``(i) Statutory or regulatory requirements which require 
     the review of drugs for safety and effectiveness by an entity 
     of the government of such country and which authorize the 
     approval of only those drugs which have been determined to be 
     safe and effective by experts employed by or acting on behalf 
     of such entity and qualified by scientific training and 
     experience to evaluate the safety and effectiveness of drugs 
     on the basis of adequate and well-controlled investigations, 
     including clinical investigations, conducted by experts 
     qualified by scientific training and experience to evaluate 
     the safety and effectiveness of drugs.
       ``(ii) Statutory or regulatory requirements that the 
     methods used in, and the facilities and controls used for the 
     manufacture, processing, and packing of drugs in the country 
     are adequate to preserve their identity, quality, purity, and 
     strength.
       ``(iii) Statutory or regulatory requirements for the 
     reporting of adverse reactions to drugs and procedures to 
     withdraw approval and remove drugs found not to be safe or 
     effective.
       ``(iv) Statutory or regulatory requirements that the 
     labeling and promotion of drugs must be in accordance with 
     the approval of the drug.
       ``(3) The exporter of a drug described in subsection (a) 
     which would not meet the conditions for approval under this 
     Act or conditions for approval of a country described in 
     clause (i) or (ii) of paragraph (1)(A) may petition the 
     Secretary for authorization to export such drug to a country 
     which is not described in clause (i) or (ii) of paragraph 
     (1)(A) or which is not described in paragraph (2). The 
     Secretary shall permit such export if--
       ``(A) the person exporting the drug--
       ``(i) certifies that the drug would not meet the conditions 
     for approval under this Act or the conditions for approval of 
     a country described in clause (i) or (ii) of paragraph 
     (1)(A); and
       ``(ii) provides the Secretary with credible scientific 
     evidence, acceptable to the Secretary, that the drug would be 
     safe and effective under the conditions of use in the country 
     to which it is being exported; and
       ``(B) the appropriate health authority in the country to 
     which the drug is being exported--
       ``(i) requests approval of the export of the drug to such 
     country;
       ``(ii) certifies that the health authority understands that 
     the drug is not approved under this Act or in a country 
     described in clause (i) or (ii) of paragraph (1)(A); and
       ``(iii) concurs that the scientific evidence provided 
     pursuant to subparagraph (A) is credible scientific evidence 
     that the drug would be reasonably safe and effective in such 
     country.

     The Secretary shall take action on a request for export of a 
     drug under this paragraph within 60 days of receiving such 
     request.
       ``(c) A drug or device intended for investigational use in 
     any country described in clause (i) or (ii) of subsection 
     (b)(1)(A) 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 clause (i) 
     or (ii) of subsection (b)(1)(A) may be exported for use in 
     accordance with the laws of that country.
       ``(e)(1) A drug or device which is used in the diagnosis, 
     prevention, or treatment of a tropical disease or another 
     disease not of significant prevalence in the United States 
     and which does not otherwise qualify for export under this 
     section shall, upon approval of an application, be permitted 
     to be exported if the Secretary finds that the drug or device 
     will not expose patients in such country to an unreasonable 
     risk of illness or injury and the probable benefit to health

[[Page H3927]]

     from the use of the drug or device (under conditions of use 
     prescribed, recommended, or suggested in the labeling or 
     proposed labeling of the drug or device) outweighs the risk 
     of injury or illness from its use, taking into account the 
     probable risks and benefits of currently available drug or 
     device treatment.
       ``(2) 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 credible 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 adverse 
     reactions to such drug.
       ``(3)(A) If the Secretary determines that--
       ``(i) a drug or device for which an application is approved 
     under paragraph (1) does not continue to meet the 
     requirements of such paragraph; or
       ``(ii) the holder of an approved application under 
     paragraph (1) has not made the report required by paragraph 
     (2),

     the Secretary may, after providing the holder of the 
     application an opportunity for an informal hearing, withdraw 
     the approved application.
       ``(B) If the Secretary determines that the holder of an 
     approved application under paragraph (1) or an importer is 
     exporting a drug or device from the United States to an 
     importer and such importer is exporting the drug or device to 
     a country for which the Secretary cannot make a finding under 
     paragraph (1) and such export presents an imminent hazard, 
     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 prohibition, and afford such person an opportunity for an 
     expedited hearing.
       ``(f) A drug or device may not be exported under this 
     section--
       ``(1) if the drug or device is not manufactured, processed, 
     packaged, and held in substantial conformity with current 
     good manufacturing practice requirements or does not meet 
     international standards as certified by an international 
     standards organization recognized by the Secretary;
       ``(2) if the drug or device is adulterated under clause 
     (1), (2)(A), or (3) of section 501(a) or subsection (c) or 
     (d) of section 501;
       ``(3) if the requirements of subparagraphs (A) through (D) 
     of section 801(e)(1) have not been met;
       ``(4)(A) if the drug or device is the subject of a notice 
     by the Secretary or the Secretary of Agriculture of a 
     determination that the probability 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; or
       ``(B) if the drug or device presents an imminent hazard to 
     the public health of the country to which the drug or device 
     would be exported;
       ``(5) if the drug or device is not labeled--
       ``(A) in accordance with the requirements and conditions 
     for use in--
       ``(i) the country in which the drug or device received 
     valid marketing authorization under subsection (b); and
       ``(ii) the country to which the drug or device would be 
     exported; and
       ``(B) in the language and units of measurement of the 
     country to which the drug or device would be exported or in 
     the language designated by such country; or
       ``(6) if the drug or device is not promoted in accordance 
     with the labeling requirements set forth in paragraph (5).

     In making a finding under paragraph (4)(B), (5), or (6) the 
     Secretary shall consult with the appropriate public health 
     official in the affected country.
       ``(g) The exporter of a drug or device exported under 
     subsection (b)(1) shall provide a simple notification to the 
     Secretary identifying the drug or device when the exporter 
     first begins to export such drug or device to any country 
     listed in clause (i) or (ii) of subsection (b)(1)(A). When an 
     exporter of a drug or device first begins to export a drug or 
     device to a country which is not listed in clause (i) or (ii) 
     of subsection (b)(1)A), the exporter shall provide a simple 
     notification to the Secretary identifying the drug or device 
     and the country to which such drug or device is being 
     exported. Any exporter of a drug or device shall maintain 
     records of all drugs or devices exported and the countries to 
     which they were exported.
       ``(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).''.
       (2) Conforming amendments.--Section 351(h) of the Public 
     Health Service Act (42 U.S.C. 262(h)) is amended by striking 
     ``802(b)(A)'' and inserting ``802(b)(1)'' and by striking 
     ``802(b)(4)'' and inserting ``802(b)(1)''.

     SEC. 2103. 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:
       ``(w) The making of a knowingly false statement in any 
     record or report required or requested under subparagraph (A) 
     or (B) of section 801(d)(3), the failure to submit or 
     maintain records as required by sections 801(d)(3)(A) and 
     801(d)(3)(B), 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 section 801(e) or 802 
     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 section 801(e) or 
     802 or section 351(h) of the Public Health Service Act.''.

     SEC. 2104. 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 requirements or 
     meets international manufacturing standards as certified by 
     an international standards organization recognized by the 
     Secretary and meets the requirements of section 801(e)(1) of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     381(e)).''.
       Sec. 2105. (a) In General.--Any owner on the date of 
     enactment of this Act of the right to market a nonsteroidal 
     antiinflammatory drug that--
       (1) contains a previously patented active agent;
       (2) has been reviewed by the Federal Food and Drug 
     Administration for a period of more than 120 months as a new 
     drug application; and
       (3) was approved as safe and effective by the Federal Food 
     and Drug Administration on October 29, 1992,

     shall be entitled, for the 2-year period beginning on October 
     29, 1997, to exclude others from making, using, offering for 
     sale, selling, or importing into the United States such 
     active agent, in accordance with section 154(a)(1) of title 
     35, United States Code.
       (b) Infringement.--Section 271 of title 35, United States 
     Code shall apply to the infringement of the entitlement 
     provided under subsection (a). No application described in 
     section 271(e)(2)(A) of title 35, United States Code, 
     regardless of purpose, may be submitted prior to the 
     expiration of the entitlement provided under subsection (a).
       (c) Notification.--Not later than 30 days after the date of 
     the enactment of this Act, any owner granted an entitlement 
     under subsection (a) shall notify the Commissioner of Patents 
     and Trademarks and the Secretary for Health and Human 
     Services of such entitlement. Not later than 7 days after the 
     receipt of such notice, the Commissioner and the Secretary 
     shall publish an appropriate notice of the receipt of such 
     notice.

                               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 including 
     mitigation relating to flooding and other natural disasters, 
     $18,000,000, to remain available until expended, for grants 
     and related expenses pursuant to the Public Works and 
     Economic Development Act of 1965, as amended, and for 
     administrative expenses 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, $7,500,000, 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'', $71,000,000 for the cost of direct loans, to 
     remain available until expended:

[[Page H3928]]

     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 disaster loan program, $29,000,000, 
     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

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                         general investigations

       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.


                   operation and maintenance, general

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


                 flood control and coastal emergencies

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

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                          construction program

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

                          DEPARTMENT OF ENERGY

                    Atomic Energy Defense Activities


                        other defense activities

       For an additional amount for ``Other Defense Activities'', 
     for the Materials Protection, Control and Accounting program, 
     $15,000,000 to remain available until expended, not 
     withstanding any other provision of law.

                    POWER MARKETING ADMINISTRATIONS

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


                          (transfer of funds)

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

                               CHAPTER 4

       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS

                  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.

                          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 5

            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 Congress 
     hereby designates this amount as an emergency requirement 
     pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That $758,000 of this amount shall be 
     available only to the extent an official budget request, for 
     a specific dollar amount, that includes designation of the 
     entire amount of the request as an emergency requirement 
     pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.


                   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 
     Congress hereby designates this amount as an emergency 
     requirement pursuant to section 251(b)(2)(D)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That $15,452,000 of this amount 
     shall be available only to the extent an official budget 
     request, for a specific dollar amount, that includes 
     designation of the entire amount of the request as an 
     emergency requirement pursuant to section 251(b)(2)(D)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended, is transmitted by the President to the 
     Congress.

                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)(2)(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: Provided, That Congress hereby 
     designates this amount as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That $16,795,000 of this amount shall be available 
     only to the extent an official budget request, for a specific 
     dollar amount, that includes designation of the entire amount 
     of the request as an emergency requirement pursuant to 
     section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended, is transmitted by 
     the President to the Congress.

                         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 Congress hereby designates this amount as an emergency 
     requirement pursuant to section 251(b)(2)(D)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That $13,399,000 of this amount 
     shall be available only to the extent an official budget 
     request, for a specific dollar amount, that includes 
     designation of the entire amount of the request as an 
     emergency requirement pursuant to section 251(b)(2)(D)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended, is transmitted by the President to the 
     Congress.

                    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 Congress hereby 
     designates this amount as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That $824,000 of this amount shall be available only 
     to the extent an official budget request, for a specific 
     dollar amount, that includes designation of the entire amount 
     of the request as an emergency requirement pursuant to 
     section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended, is transmitted by 
     the President to the Congress.

                        Bureau of Indian Affairs


                      Operation of Indian Programs

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

[[Page H3929]]

                              Construction

       For an additional amount for ``Construction'', $16,500,000, 
     to remain available until expended, for emergency repairs 
     related to winter floods: Provided, That Congress hereby 
     designates this amount as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That $7,072,000 of this amount shall be available 
     only to the extent an official budget request, for a specific 
     dollar amount, that includes designation of the entire amount 
     of the request as an emergency requirement pursuant to 
     section 251(b)(2)(D)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended, is transmitted by 
     the President to the Congress.

                 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 Congress 
     hereby designates this amount as an emergency requirement 
     pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That $11,000,000 of this amount shall be 
     available only to the extent an official budget request, for 
     a specific dollar amount, that includes designation of the 
     entire amount of the request as an emergency requirement 
     pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                         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: 
     Provided, That Congress hereby designates this amount as an 
     emergency requirement pursuant to section 251(b)(2)(D)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended: Provided further, That $6,600,000 of this 
     amount shall be available only to the extent an official 
     budget request, for a specific dollar amount, that includes 
     designation of the entire amount of the request as an 
     emergency requirement pursuant to section 251(b)(2)(D)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended, is transmitted by the President to the 
     Congress.


                              Construction

       For an additional amount for ``Construction'', $60,800,000, 
     to remain available until expended: Provided, That Congress 
     hereby designates this amount as an emergency requirement 
     pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That $20,800,000 of this amount shall be 
     available only to the extent an official budget request, for 
     a specific dollar amount, that includes designation of the 
     entire amount of the request as an emergency requirement 
     pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                               CHAPTER 6

                         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 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.

                           GENERAL PROVISION

     SEC. 2601. LAND CONVEYANCE, U.S. ARMY RESERVE, 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 in 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 and conditions in connection 
     with the conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

                               CHAPTER 7

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $257,200,000: Provided, That such amount is designated by 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $11,700,000: Provided, That such amount is designated by 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $2,600,000: Provided, That such amount is designated 
     by Congress as an emergency requirement pursuant to section 
     251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $27,300,000: Provided, That such amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $241,500,000: Provided, That such amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $173,000,000: Provided, That such amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                Operation and Maintenance, Defense-Wide

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

                              PROCUREMENT

                      Other Procurement, Air Force

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

                           GENERAL PROVISIONS


                          (transfer of funds)

       Sec. 2701. Section 8005 of the Department of Defense 
     Appropriations Act, 1996 (Public Law 104-61), is amended by 
     striking out ``$2,400,000,000'' and inserting in lieu thereof 
     ``$3,100,000,000'': Provided, That the additional transfer 
     authority provided herein shall be available only to the 
     extent funds are transferred, or have been transferred, 
     during the current fiscal year to cover the costs associated 
     with United States military operations in support of the 
     NATO-led Peace Implementation Force (IFOR) in and around the 
     former Yugoslavia.
       Sec. 2702. 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. 2703. (a) 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 subsection may 
     be for a period not to exceed seven program years, 
     notwithstanding section 2306b(k) of title 10, United States 
     Code: Provided further, That the funds referred to in this 
     subsection also may be used for advance procurement for up to 
     ten C-17 aircraft in fiscal year 1997: Provided further, That 
     the advance procurement funds referred to in this subsection 
     may be used to fund Economic Order Quantities for up to 
     eighty aircraft.
       (b) Immediately upon enactment of this Act, the Secretary 
     of Defense shall enter into negotiations with the C-17 
     aircraft and engine prime contractors for a baseline fixed 
     price contract for multiyear procurement of eighty C-17 
     aircraft over a period of seven program years, and 
     alternatives for multiyear procurement of eighty C-17 
     aircraft over a period of six program years.
       (c) The authority to award a multiyear contract as provided 
     in subsection (a) shall not be effective until the Secretary 
     of Defense certifies to the Congressional defense committees 
     that the Air Force will realize a savings of more than 5 
     percent in the total flyaway price for the eighty C-17 
     aircraft under a C-17 multiyear contract as compared to 
     annual lot procurement of the aircraft at the maximum 
     affordable rate profile approved in the November 3, 1995, 
     Acquisition Decision Memorandum: Provided, That these savings 
     shall exceed the estimates presented in the ``Multiyear 
     Procurement Criteria Program: C-17'' documents submitted 
     pursuant to the request for a fiscal year 1996 supplemental 
     appropriation transmitted to the Congress.
       (d) The authority under subsection (a) may not be used to 
     execute a multiyear procurement

[[Page H3930]]

     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.
       (e) Not later than May 24, 1996, the Secretary of Defense 
     shall submit to the Congressional defense committees a report 
     providing a detailed program plan for the six-year multiyear 
     procurement program; such report also shall include the 
     latest estimate of any additional savings potentially 
     generated from such an accelerated multiyear procurement of 
     C-17 aircraft.
       Sec. 2704. 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 
     appropriated and made available to continue the activities of 
     the semiconductor manufacturing consortium known as Sematech.


                          (transfer of funds)

       Sec. 2705. 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 ``Operation 
     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. 2706. Notwithstanding any other provision of law, 
     $15,000,000 of the amount made available in title II, under 
     the heading ``Operation and Maintenance, Army'' in Public Law 
     104-61 shall be paid to National Presto Industries, Inc. for 
     the purpose of environmental restoration at the National 
     Presto Industries, Inc. site in Eau Claire, Wisconsin, in 
     recognition of the 1988 Agreement between the Department of 
     the Army and National Presto Industries, Inc.
       Sec. 2707. (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.
       Sec. 2708. In addition to the amounts made available in 
     title II of Public Law 104-61, under the heading ``Operation 
     and Maintenance, Air Force'', $44,900,000 is hereby 
     appropriated and made available for the operation and 
     maintenance of 94 B-52H bomber aircraft in active status or 
     in attrition reserve.
       Sec. 2709. In addition to the amounts made available in 
     title IV of Public Law 104-61, under the heading ``Research, 
     Development, Test and Evaluation, Navy'', $10,000,000 is 
     hereby appropriated and made available for Shallow Water Mine 
     Countermeasure Demonstrations, of which $5,000,000 shall be 
     made available for the Advanced Lightweight Influence Sweep 
     System Development program.


                          (transfer of funds)

       Sec. 2710. Of the funds appropriated or otherwise made 
     available in title VI of Public Law 104-61, under the heading 
     ``Defense Health Program'', $8,000,000 are transferred to and 
     merged with funds appropriated or otherwise made available 
     under title IV of that Act under the heading ``Research, 
     Development, Test and Evaluation, Army'' and shall be 
     available only for obligation and expenditure for advanced 
     research into neurofibromatosis.
       Sec. 2711. Of the funds available to the Department of 
     Defense in title VI, Public Law 104-61, under the heading 
     ``Drug Interdiction and Counter-Drug Activities, Defense'', 
     $220,000 shall be made available only for the procurement of 
     Kevlar vests for personal protection of counter-drug 
     personnel: Provided, That notwithstanding any other provision 
     of law, the Department is authorized to transfer these Kevlar 
     vests to local counter-drug personnel in high crime areas.
       Sec. 2712. Before the period at the end of Section 8105 of 
     Public Law 104-61, insert the following: ``: Provided, That 
     the Department of Defense shall release to the Department of 
     the Air Force all such funds not later than May 31, 1996, and 
     the Air Force shall obligate all such funds in compliance 
     with this section not later than June 30, 1996''.

                               CHAPTER 8

                      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 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.

                       OTHER INDEPENDENT AGENCIES

                        Panama Canal Commission


                      panama canal revolving fund

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

                           General Provisions

       Sec. 2801. Notwithstanding any other provision of law, 
     limitations deducted pursuant to the provisions of Section 
     310 of the Department of Transportation and Related Agencies 
     Appropriations Act, 1996, for discretionary programs and the 
     limitation on general operating expenses for both annual and 
     no-year programs, not to exceed $28,000,000 shall be 
     available for making obligations for construction of a new 
     Hannibal Bridge in Hannibal, Missouri; Provided further, That 
     such limitation shall be restored to categories from which it 
     was transferred before making redistribution of obligation in 
     August of 1996 as provided by Section 310 of the Act.
       Sec. 2802. Notwithstanding any other provision of law, of 
     the funds identified for distribution to the State of Vermont 
     and the Marble Valley Regional Transit District in the matter 
     under the heading ``highway trust fund'', under the heading 
     ``limitation on obligations'', under the heading 
     ``Discretionary Grants'' in the explanatory statement for the 
     conference report to accompany H.R. 2002. House of 
     Representatives report numbered 104-286, an amount not to 
     exceed $3,500,000 may be used for improvements to support 
     commuter rail operations on the Clarendon-Pittsford rail line 
     between White Hall, New York, and Rutland, Vermont.
       Sec. 2803. In amending parts 119, 121, 125, or 135 of title 
     14, Code of Federal Regulations in a manner affecting 
     intrastate aviation in Alaska, the Administrator of the 
     Federal Aviation Administration shall consider the extent to 
     which Alaska is not served by transportation modes other than 
     aviation, and shall establish such regulatory distinctions as 
     the Administrator deems appropriate effective through June 1, 
     1997.
       Sec. 2804. Notwithstanding any other provision of law, 
     $23,909,325 funds made available under Public Law 103-122 
     together with $21,534,347 funds made available under Public 
     Law 103-331 for the ``Chicago Central Area Circulator 
     Project'' shall be available only for the purposes of 
     constructing a 5.2 mile light rail loop within the downtown 
     Chicago business district as described in the full funding 
     grant agreement signed on December 15, 1994, and shall not be 
     available for any other purposes.

                               CHAPTER 9

                      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,'' 
     $3,400,000.

                           GENERAL PROVISIONS

       Sec. 2901. Title I of Public Law 104-52 is hereby amended 
     by deleting ``' not to exceed $1,406,000,'' under the heading 
     ``customs services at small airports''.
       Sec. 2902. Title I of Public Law 104-52 is hereby amended 
     by adding the following new section under the heading 
     ``administrative provisions--internal revenue service'';
       ``Sec. 3. The funds provided in this Act shall be used to 
     provide a level of service, staffing, and funding for 
     Taxpayer Services Division operations which is not less than 
     that provided in fiscal year 1995.''.
       Sec. 2903. Title III of Public Law 104-52 is hereby amended 
     by adding the following proviso before the last period under 
     the heading ``office of national drug control policy, 
     salaries and expenses'': ``: Provided, That of the amounts 
     available to the Counter-Drug Technology Assessment Center, 
     no less than $1,000,000 shall be dedicated to conferences on 
     model state drug laws''.

     SEC. 2904. 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''.

[[Page H3931]]

       (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.

                               CHAPTER 10

 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'', $50,000,000, to remain available until September 
     30, 1998, for emergency expenses and repairs related to 
     recent Presidentially declared flood disasters, including up 
     to $10,000,000 which may be 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)

       Of the funds made available under this heading in Public 
     Law 104-19 up to $104,000,000 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 $119,000,000 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.

                           GENERAL PROVISIONS

       Sec. 21101. In administering funds provided in this title 
     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. 21102. 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. 21103. Notwithstanding section 106 of Public Law 104-
     99, sections 118, 121, and 129 of Public Law 104-99 shall 
     remain in effect as if enacted as part of this Act.
       Sec. 21104. The President may make available funds for 
     assistance activities under titles II and IV of P.L. 104-107, 
     beginning immediately upon enactment of this Act and without 
     regard to monthly apportionment limitations, notwithstanding 
     the provisions of section 518A of such Act, if he determines 
     and reports to the Congress that the effects of the 
     restrictions contained in that section 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; Provided, That none of the funds 
     appropriated or otherwise made available in P.L. 104-107 may 
     be made available for obligation for the major foreign donor 
     federation of international population assistance except 
     through the regular notifications procedures of the 
     Committees on Appropriations.
       This title may be cited as the ``Supplemental 
     Appropriations Act of 1996''.

                               TITLE III

                        RESCISSIONS AND OFFSETS

                               CHAPTER 1

                      ENERGY AND WATER DEVELOPMENT

    Subchapter A--United States Enrichment Corporation Privatization

     SEC. 3101. SHORT TITLE.

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

     SEC. 3102. 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 3105.
       (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 3104.
       (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. 3103. 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. 3104. 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 3105 (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 3103(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. 3105. 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)

[[Page H3932]]

     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. 3106. 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 3107,
       (2) all personal property and inventories of the 
     Corporation,
       (3) all contracts, agreements, and leases under section 
     3108(a),
       (4) the Corporation's right to purchase power from the 
     Secretary under section 3108(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. 3107. 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. 3108. 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 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. 3109. 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 3108 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. 3110. 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

[[Page H3933]]

     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--
       (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. 3111. 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. 3112. 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;

[[Page H3934]]

       (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 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. 3113. 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. 3114. 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,

[[Page H3935]]

     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. 3115. 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. 3116. 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:
       ``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. 3117. 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 B

     SEC. 3201. 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, 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

[[Page H3936]]

       (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.

                               CHAPTER 2

       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS

                    Export and Investment Assistance

                Export-Import Bank of the United States

                         subsidy appropriation

                              (rescission)

       Of the unobligated balances available under this heading, 
     $42,000,000 are rescinded.

                               CHAPTER 3

            DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES

                          Department of Energy


                      strategic petroleum reserve

       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, $227,000,000 
     worth of Strategic Petroleum Reserve oil from the Weeks 
     Island site.

                               CHAPTER 4

     DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                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),''.

                        DEPARTMENT OF EDUCATION


                      student financial assistance

       Notwithstanding any other provision of this Act, the first 
     and third dollar amounts provided in Title I of this Act 
     under the heading ``Student Financial Assistance'' are hereby 
     reduced by $53,446,000.

                               CHAPTER 5

                         MILITARY CONSTRUCTION


                             (rescissions)

       Of the funds provided in Public Law 104-32, the Military 
     Construction Appropriations Act, 1996, the following funds 
     are hereby rescinded from the following accounts in the 
     specified amounts:
       Military Construction, Army, $6,385,000;
       Military Construction, Navy, $6,385,000;
       Military Construction, Air Force, $6,385,000; and
       Military Construction, Defense-wide, $18,345,000.

                               CHAPTER 6

              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.

[[Page H3937]]

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army


                              (rescission)

       Of the funds made available under this heading in Public 
     Law 104-61, $19,500,000 are rescinded: Provided, That this 
     reduction shall be applied proportionally to each budget 
     activity, activity group and subactivity group and each 
     program, project, and activity within this appropriation 
     account.

            Research, Development, Test and Evaluation, Navy


                             (rescissions)

       Of the funds made available under this heading in Public 
     Law 104-61, $45,000,000 are rescinded, Provided, That this 
     reduction shall be applied proportionally to each budget 
     activity, activity group and subactivity group and each 
     program, project, and activity within this appropriation 
     account.

         Research, Development, Test and Evaluation, Air Force


                             (rescissions)

       Of the funds made available under this heading in Public 
     Law 103-335, $245,000,000 are rescinded.
       Of the funds made available under this heading in Public 
     Law 104-61, $69,800,000 are rescinded: Provided, That this 
     reduction shall be applied proportionally to each budget 
     activity, activity group and subactivity group and each 
     program, project, and activity within this appropriation 
     account.

        Research, Development, Test and Evaluation, Defense-Wide


                              (rescission)

       Of the funds made available under this heading in Public 
     Law 104-61, $40,600,000 are rescinded: Provided, That this 
     reduction shall be applied proportionally to each budget 
     activity, activity group and subactivity group and each 
     program, project, and activity within this appropriation 
     account: Provided further, That no reduction may be taken 
     against the funds made available to the Department of Defense 
     for Ballistic Missile Defense.

                               CHAPTER 7

                      DEPARTMENT OF TRANSPORTATION

                    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, $664,000,000 are rescinded.

                     FEDERAL HIGHWAY ADMINISTRATION

                     Highway-Related Safety grants


                          (highway trust fund)

                 (rescission of contract authorization)

       Of the available contract authority balances under this 
     account, $9,000,000 are rescinded.

                      Motor Carrier Safety Grants


                          (highway trust fund)

                 (rescission of contract authorization)

       Of the available contract authority balances under this 
     account, $33,000,000 are rescinded.

             NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

                     Highway Traffic Safety Grants


                          (highway trust fund)

                 (rescission of contract authorization)

       Of the available contract authority balances under this 
     account, $56,000,000 are rescinded.

                               CHAPTER 8

            TREASURY, POSTAL SERVICE AND GENERAL GOVERNMENT

                          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, $3,400,000 
     are rescinded: Provided, That the aggregate amount made 
     available to the Fund shall be $5,062,749,000.

                               CHAPTER 9

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

                  FEDERAL EMERGENCY MANAGEMENT AGENCY


                            disaster relief

       Of the funds made available under this heading and under 
     the heading ``Disaster relief emergency contingency fund'' in 
     Public Law 104-19, $1,000,000,000 are rescinded.

                               CHAPTER 10

                      DEBT COLLECTION IMPROVEMENTS

     SEC. 31001. DEBT COLLECTION IMPROVEMENT ACT OF 1996.

       (a)(1) This section may be cited as the ``Debt Collection 
     Improvement Act of 1996''.
       (2)(A) In General.--The provisions of this section and the 
     amendments made by this section shall take effect on the date 
     of the enactment of this Act.
       (B) Offsets From Social Security Payments, Etc.--
     Subparagraph (A) of section 3716(c)(3) of title 31, United 
     States Code (as added by subsection (d)(2) of this section), 
     shall apply only to payments made after the date which is 4 
     months after the date of the enactment of this Act.
       (b) The purposes of this section are the following:
       (1) To maximize collections of delinquent debts owed to the 
     Government by ensuring quick action to enforce recovery of 
     debts and the use of all appropriate collection tools.
       (2) To minimize the costs of debt collection by 
     consolidating related functions and activities and utilizing 
     interagency teams.
       (3) To reduce losses arising from debt management 
     activities by requiring proper screening of potential 
     borrowers, aggressive monitoring of all accounts, and sharing 
     of information within and among Federal agencies.
       (4) To ensure that the public is fully informed of the 
     Federal Government's debt collection policies and that 
     debtors are cognizant of their financial obligations to repay 
     amounts owed to the Federal Government.
       (5) To ensure that debtors have all appropriate due process 
     rights, including the ability to verify, challenge, and 
     compromise claims, and access to administrative appeals 
     procedures which are both reasonable and protect the 
     interests of the United States.
       (6) To encourage agencies, when appropriate, to sell 
     delinquent debt, particularly debts with underlying 
     collateral.
       (7) To rely on the experience and expertise of private 
     sector professionals to provide debt collection services to 
     Federal agencies.
       (c) Chapter 37 of title 31, United States Code, is 
     amended--
       (1) in each of sections 3711, 3716, 3717, and 3718, by 
     striking ``the head of an executive or legislative agency'' 
     each place it appears and inserting ``the head of an 
     executive, judicial, or legislative agency''; and
       (2) by amending section 3701(a)(4) to read as follows:
       ``(4) `executive, judicial, or legislative agency' means a 
     department, agency, court, court administrative office, or 
     instrumentality in the executive, judicial, or legislative 
     branch of Government, including government corporations.''.
       (d)(1) Persons Subject to Administrative Offset.--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.''.
       (2) Requirements and Procedures.--Section 3716 of title 31, 
     United States Code, is amended--
       (A) by amending subsection (b) to read as follows:
       ``(b) Before collecting a claim by administrative offset, 
     the head of an executive, judicial, or legislative agency 
     must either--
       ``(1) adopt, without change, regulations on collecting by 
     administrative offset promulgated by the Department of 
     Justice, the General Accounting Office, or the Department of 
     the Treasury; or
       ``(2) prescribe regulations on collecting by administrative 
     offset consistent with the regulations referred to in 
     paragraph (1).'';
       (B) 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.'';
       (C) by redesignating subsection (c) as subsection (e); and
       (D) by inserting after subsection (b) the following new 
     subsections:
       ``(c)(1)(A) Except as otherwise provided in this 
     subsection, a disbursing official of the Department of the 
     Treasury, the Department of Defense, the United States Postal 
     Service, or any other government corporation, or any 
     disbursing official of the United States designated by the 
     Secretary of the Treasury, shall offset at least annually 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 shall not 
     be subject to administrative offset under this subsection.
       ``(2) Neither the disbursing official nor the payment 
     certifying agency shall be liable--
       ``(A) for the amount of the administrative offset on the 
     basis that the underlying obligation, represented by the 
     payment before the administrative offset was taken, was not 
     satisfied; or
       ``(B) for failure to provide timely notice under paragraph 
     (8).
       ``(3)(A)(i) Notwithstanding any other provision of law 
     (including sections 207 and 1631(d)(1) of the Social Security 
     Act (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)), except as provided in 
     clause (ii), all payments due to an individual under--
       ``(I) the Social Security Act,
       ``(II) part B of the Black Lung Benefits Act, or
       ``(III) any law administered by the Railroad Retirement 
     Board (other than payments that such Board determines to be 
     tier 2 benefits),

     shall be subject to offset under this section.
       ``(ii) An amount of $9,000 which a debtor may receive under 
     Federal benefit programs cited under clause (i) within a 12-
     month period shall be exempt from offset under this 
     subsection. In applying the $9,000 exemption, the disbursing 
     official shall--

[[Page H3938]]

       ``(I) reduce the $9,000 exemption amount for the 12-month 
     period by the amount of all Federal benefit payments made 
     during such 12-month period which are not subject to offset 
     under this subsection; and
       ``(II) apply a prorated amount of the exemption to each 
     periodic benefit payment to be made to the debtor during the 
     applicable 12-month period.

     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).
       ``(B) The Secretary of the Treasury shall exempt from 
     administrative offset under this subsection payments under 
     means-tested programs when requested by the head of the 
     respective agency. The Secretary may exempt other payments 
     from administrative 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 standards prescribed by 
     the Secretary. Such standards shall give due consideration to 
     whether administrative offset would tend to interfere 
     substantially with or defeat the purposes of the payment 
     certifying agency's program. The Secretary shall report to 
     the Congress annually on exemptions granted under this 
     section.
       ``(C) The provisions of sections 205(b)(1) and 1631(c)(1) 
     of the Social Security Act shall not apply to any 
     administrative offset executed pursuant to this section 
     against benefits authorized by either title II or title XVI 
     of the Social Security Act, respectively.
       ``(4) The Secretary of the Treasury may 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 a claim for those amounts. Fees charged to the 
     agencies shall be based on actual administrative offsets 
     completed. Amounts received by the United States as fees 
     under this subsection shall be deposited into the account of 
     the Department of the Treasury under section 3711(g)(7) of 
     this title, and shall be collected and accounted for in 
     accordance with the provisions of that section.
       ``(5) The Secretary of the Treasury in consultation with 
     the Commissioner of Social Security and the Director of the 
     Office of Management and Budget, may prescribe such rules, 
     regulations, and procedures as the Secretary of the Treasury 
     considers necessary to carry out this subsection. The 
     Secretary shall consult with the heads of affected agencies 
     in the development of such rules, regulations, and 
     procedures.
       ``(6) Any Federal agency that is owed by a person a past 
     due, legally enforceable nontax debt that is over 180 days 
     delinquent, including nontax debt administered by a third 
     party acting as an agent for the Federal Government, shall 
     notify the Secretary of the Treasury of all such nontax debts 
     for purposes of administrative offset under this subsection.
       ``(7)(A) The disbursing official conducting an 
     administrative offset with respect to a payment to a payee 
     shall notify the payee in writing of--
       ``(i) the occurrence of the administrative offset to 
     satisfy a past due legally enforceable debt, including a 
     description of the type and amount of the payment otherwise 
     payable to the payee against which the offset was executed;
       ``(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) If 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 administrative offset. Notwithstanding the preceding 
     sentence, the failure of the debtor to receive such notice 
     shall not impair the legality of such administrative offset.
       ``(8) A levy pursuant to the Internal Revenue Code of 1986 
     shall take precedence over requests for administrative offset 
     pursuant to other laws.
       ``(d) Nothing in this section is intended to prohibit the 
     use of any other administrative offset authority existing 
     under statute or common law.''.
       (3) Nontax Debt or Claim Defined.--Section 3701 of title 
     31, United States Code, is amended in subsection (a) by 
     adding at the end the following new paragraph:
       ``(8) `nontax' means, with respect to any debt or claim, 
     any debt or claim other than a debt or claim under the 
     Internal Revenue Code of 1986.''.
       (4) Treasury Check Withholding.--Section 3712 of title 31, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(e) Treasury Check Offset.--
       ``(1) In general.--To facilitate collection of amounts owed 
     by presenting banks pursuant to subsection (a) or (b), upon 
     the direction of the Secretary, a Federal reserve bank shall 
     withhold credit from banks presenting Treasury checks for 
     ultimate charge to the account of the United States Treasury. 
     By presenting Treasury checks for payment a presenting bank 
     is deemed to authorize this offset.
       ``(2) Attempt to collect required.--Prior to directing 
     offset under subsection (a)(1), the Secretary shall first 
     attempt to collect amounts owed in the manner provided by 
     sections 3711 and 3716.''.
       (e) Section 3716 of title 31, United States Code, as 
     amended by subsection (d)(2) of this section, is further 
     amended by adding at the end the following new subsections:
       ``(f) The Secretary may waive the requirements of sections 
     552a(o) and (p) of title 5 for administrative offset or 
     claims collection upon written certification by the head of a 
     State or an executive, judicial, or legislative agency 
     seeking to collect the claim that the requirements of 
     subsection (a) of this section have been met.
       ``(g) The Data Integrity Board of the Department of the 
     Treasury established under 552a(u) of title 5 shall review 
     and include in reports under paragraph (3)(D) of that section 
     a description of any matching activities conducted under this 
     section. If the Secretary has granted a waiver under 
     subsection (f) of this section, no other Data Integrity Board 
     is required to take any action under section 552a(u) of title 
     5.''.
       (f) Section 3716 of title 31, United States Code, as 
     amended by subsections (d) and (e) of this section, is 
     further amended by adding at the end the following new 
     subsection:
       ``(h)(1) The Secretary may, in the discretion of the 
     Secretary, apply subsection (a) with respect to any past-due, 
     legally-enforceable debt owed to a State if--
       ``(A) the appropriate State disbursing official requests 
     that an offset be performed; and
       ``(B) a reciprocal agreement with the State is in effect 
     which contains, at a minimum--
       ``(i) requirements substantially equivalent to subsection 
     (b) of this section; and
       ``(ii) any other requirements which the Secretary considers 
     appropriate to facilitate the offset and prevent duplicative 
     efforts.
       ``(2) This subsection does not apply to--
       ``(A) the collection of a debt or claim on which the 
     administrative costs associated with the collection of the 
     debt or claim exceed the amount of the debt or claim;
       ``(B) any collection of any other type, class, or amount of 
     claim, as the Secretary considers necessary to protect the 
     interest of the United States; or
       ``(C) the disbursement of any class or type of payment 
     exempted by the Secretary of the Treasury at the request of a 
     Federal agency.
       ``(3) In applying this section with respect to any debt 
     owed to a State, subsection (c)(3)(A) shall not apply.''.
       (g)(1) Title 31.--Title 31, United States Code, is 
     amended--
       (A) in section 3322(a), by inserting ``section 3716 and 
     section 3720A of this title and'' after ``Except as provided 
     in'';
       (B) in section 3325(a)(3), by inserting ``or pursuant to 
     payment intercepts or offsets pursuant to section 3716 or 
     3720A of this title,'' after ``voucher''; and
       (C) in each of sections 3711(e)(2) and 3717(h) by inserting 
     ``, the Secretary of the Treasury,'' after ``Attorney 
     General''.
       (2) Internal Revenue Code of 1986.--Subparagraph (A) of 
     section 6103(l)(10) of the Internal Revenue Code of 1986 (26 
     U.S.C. 6103(l)(10)) is amended by inserting ``and to officers 
     and employees of the Department of the Treasury in connection 
     with such reduction'' after ``6402''.
       (h) Section 5514 of title 5, United States Code, is 
     amended--
       (A) in subsection (a)--
       (i) by adding at the end of paragraph (1) the following: 
     ``All Federal agencies to which debts are owed and which have 
     outstanding delinquent debts 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. The preceding 
     sentence shall not apply to any debt under the Internal 
     Revenue Code of 1986. Matched Federal employee records shall 
     include, but shall not be limited to, records of active Civil 
     Service employees government-wide, military active duty 
     personnel, military reservists, United States Postal Service 
     employees, employees of other government corporations, and 
     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.'';
       (ii) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively;
       (iii) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) 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, 
     if 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
       (iv) by amending paragraph (5)(B) (as redesignated by 
     clause (ii) of this subparagraph) to read as follows:
       ``(B) `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 
     the Government, and government corporations.'';
       (B) by adding after subsection (c) the following new 
     subsection:
       ``(d) A levy pursuant to the Internal Revenue Code of 1986 
     shall take precedence over other deductions under this 
     section.''.
       (i)(1) In General.--Section 7701 of title 31, United States 
     Code, is amended by adding at the end the following new 
     subsections:
       ``(c)(1) The head of each Federal agency shall require each 
     person doing business with that

[[Page H3939]]

     agency to furnish to that agency such person's taxpayer 
     identifying number.
       ``(2) For purposes of this subsection, a person shall be 
     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 administered by the agency;
       ``(B) an applicant for, or recipient of, a Federal license, 
     permit, right-of-way, grant, or benefit payment administered 
     by the agency or insurance administered by the agency;
       ``(C) a contractor of the agency;
       ``(D) assessed a fine, fee, royalty or penalty by the 
     agency; and
       ``(E) in a relationship with the 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 administered by the agency.
       ``(3) Each agency shall disclose to a 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 
     person's relationship with the Government.
       ``(4) For purposes of this subsection, a person shall not 
     be treated as doing business with a Federal agency solely by 
     reason of being a debtor under third party claims of the 
     United States. The preceding sentence shall not apply to a 
     debtor owing claims resulting from petroleum pricing 
     violations or owing claims resulting from Federal loan or 
     loan guarantee/insurance programs.
       ``(d) Notwithstanding section 552a(b) of title 5, United 
     States Code, creditor agencies to which a delinquent claim is 
     owed, and their agents, may match their debtor records with 
     Department of Health and Human Services, and Department of 
     Labor records to obtain names (including names of employees), 
     name controls, names of employers, taxpayer identifying 
     numbers, addresses (including addresses of employers), and 
     dates of birth. The preceding sentence shall apply to the 
     disclosure of taxpayer identifying numbers only if such 
     disclosure is not otherwise prohibited by section 6103 of the 
     Internal Revenue Code of 1986. The Department of Health and 
     Human Services, and the Department of Labor shall release 
     that information to creditor agencies and may charge 
     reasonable fees sufficient to pay the costs associated with 
     that release.''.
       (2) Included Federal Loan Program Defined.--Subparagraph 
     (C) of section 6103(l)(3) of the Internal Revenue Code of 
     1986 (relating to disclosure that applicant for Federal loan 
     has tax delinquent account) is amended to read as follows:
       ``(C) Included Federal Loan Program Defined.--For purposes 
     of this paragraph, the term `included Federal loan program' 
     means any program under which the United States or a Federal 
     agency makes, guarantees, or insures loans.''.
       (3) Clerical Amendments.--
       (A) The chapter title to chapter 77 of subtitle VI of title 
     31, United States Code, is amended to read as follows:

``CHAPTER 77--ACCESS TO INFORMATION FOR DEBT COLLECTION''.

       (B) The table of chapters for subtitle VI of title 31, 
     United States Code, is amended by inserting before the item 
     relating to chapter 91 the following new item:

``77. Access to information for debt collection.............7701''.....

       (j)(1) In General.--Title 31, United States Code, is 
     amended by inserting after section 3720A the following new 
     section:

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

       ``(a) Unless this subsection is waived by the head of a 
     Federal agency, a person may not obtain any Federal financial 
     assistance in the form of a loan (other than a disaster loan) 
     or loan insurance or guarantee administered by the agency if 
     the person has an outstanding debt (other than a debt under 
     the Internal Revenue Code of 1986) with any Federal agency 
     which is in a delinquent status, as determined under 
     standards prescribed by the Secretary of the Treasury. Such a 
     person may obtain additional loans or loan guarantees only 
     after such delinquency is resolved in accordance with those 
     standards. The Secretary of the Treasury may exempt, at the 
     request of an agency, any class of claims.
       ``(b) The head of a Federal agency may delegate the waiver 
     authority under 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.''
       (2) Clerical Amendment.--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 insurance guarantees.''.

       (k) Section 3711(f) of title 31, United States Code, is 
     amended--
       (1) by striking ``may'' the first place it appears and 
     inserting ``shall'';
       (2) by striking ``an individual'' each place it appears and 
     inserting ``a person'';
       (3) by striking ``the individual'' each place it appears 
     and inserting ``the person''; and
       (4) by adding at the end the following new paragraphs:
       ``(4) The head of each executive agency shall require, as a 
     condition for insuring or guaranteeing any loan, financing, 
     or other extension of credit under any law to a person, that 
     the lender provide information relating to the extension of 
     credit to consumer reporting agencies or commercial reporting 
     agencies, as appropriate.
       ``(5) The head of each executive agency may provide to a 
     consumer reporting agency or commercial reporting agency 
     information from a system of records that a person is 
     responsible for a claim which is current, if notice required 
     by section 552a(e)(4) of title 5 indicates that information 
     in the system may be disclosed to a consumer reporting agency 
     or commercial reporting agency, respectively.''.
       (l) Section 3718 of title 31, United States Code, is 
     amended--
       (1) in subsection (a), by striking the first sentence and 
     inserting the following: ``Under conditions the head of an 
     executive, judicial, or legislative agency considers 
     appropriate, the head of the agency may enter into a contract 
     with a person for collection service to recover indebtedness 
     owed, or to locate or recover assets of, the United States 
     Government. The head of an agency may not enter into a 
     contract under the preceding sentence 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
       (2) in subsection (d), by inserting ``, or to locate or 
     recover assets of,'' after ``owed''.
       (m)(1) In General.--Section 3711 of title 31, United States 
     Code, is amended by adding at the end the following new 
     subsections:
       ``(g)(1) If a nontax debt or claim owed to the United 
     States has been delinquent for a period of 180 days--
       ``(A) the head of the executive, judicial, or legislative 
     agency that administers the program that gave rise to the 
     debt or claim shall transfer the debt or claim to the 
     Secretary of the Treasury; and
       ``(B) upon such transfer the Secretary of the Treasury 
     shall take appropriate action to collect or terminate 
     collection actions on the debt or claim.
       ``(2) Paragraph (1) shall not apply--
       ``(A) to any debt or claim that--
       ``(i) is in litigation or foreclosure;
       ``(ii) will be disposed of under an asset sales program 
     within 1 year after becoming eligible for sale, or later than 
     1 year if consistent with an asset sales program and a 
     schedule established by the agency and approved by the 
     Director of the Office of Management and Budget;
       ``(iii) has been referred to a private collection 
     contractor for collection for a period of time determined by 
     the Secretary of the Treasury;
       ``(iv) has been referred by, or with the consent of, the 
     Secretary of the Treasury to a debt collection center for a 
     period of time determined by the Secretary of the Treasury; 
     or
       ``(v) will be collected under internal offset, if such 
     offset is sufficient to collect the claim within 3 years 
     after the date the debt or claim is first delinquent; and
       ``(B) to any other specific class of debt or claim, as 
     determined by the Secretary of the Treasury at the request of 
     the head of an executive, judicial, or legislative agency or 
     otherwise.
       ``(3) For purposes of this section, the Secretary of the 
     Treasury may designate, and withdraw such designation of debt 
     collection centers operated by other Federal agencies. The 
     Secretary of the Treasury shall designate such centers on the 
     basis of their performance in collecting delinquent claims 
     owed to the Government.
       ``(4) At the discretion of the Secretary of the Treasury, 
     referral of a nontax claim may be made to--
       ``(A) any executive department or agency operating a debt 
     collection center for servicing, collection, compromise, or 
     suspension or termination of collection action;
       ``(B) a private collection contractor operating under a 
     contract for servicing or collection action; or
       ``(C) the Department of Justice for litigation.
       ``(5) Nontax claims referred or transferred under this 
     section shall be serviced, collected, or compromised, or 
     collection action thereon suspended or terminated, in 
     accordance with otherwise applicable statutory requirements 
     and authorities. Executive departments and agencies operating 
     debt collection centers may enter into agreements with the 
     Secretary of the Treasury to carry out the purposes of this 
     subsection. The Secretary of the Treasury shall--
       ``(A) maintain competition in carrying out this subsection;
       ``(B) maximize collections of delinquent debts by placing 
     delinquent debts quickly;
       ``(C) maintain a schedule of private collection contractors 
     and debt collection centers eligible for referral of claims; 
     and
       ``(D) refer delinquent debts to the person most appropriate 
     to collect the type or amount of claim involved.
       ``(6) Any agency operating a debt collection center to 
     which nontax claims are referred or transferred under this 
     subsection may charge a fee sufficient to cover the full cost 
     of implementing this subsection. The agency transferring or 
     referring the nontax 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 an activity from another account or from 
     revenue received from the procedure described under section 
     3720C of this title. Amounts charged under this subsection 
     concerning delinquent claims may be considered as costs 
     pursuant to section 3717(e) of this title.
       ``(7) 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 
     (in this subsection referred to in this section as the 
     `Account').

[[Page H3940]]

     Amounts deposited in the Account shall be available until 
     expended to cover costs associated with the implementation 
     and operation of Governmentwide debt collection activities. 
     Costs properly chargeable to the Account include--
       ``(A) the costs of computer hardware and software, word 
     processing and telecommunications equipment, and 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 services and utilities provided by the 
     Secretary, and administration of the Account.
       ``(8) 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.
       ``(9) Before discharging any delinquent debt owed to any 
     executive, judicial, or legislative agency, the head of such 
     agency shall take all appropriate steps to collect such debt, 
     including (as applicable)--
       ``(A) administrative offset,
       ``(B) tax refund offset,
       ``(C) Federal salary offset,
       ``(D) referral to private collection contractors,
       ``(E) referral to agencies operating a debt collection 
     center,
       ``(F) reporting delinquencies to credit reporting bureaus,
       ``(G) garnishing the wages of delinquent debtors, and
       ``(H) litigation or foreclosure.
       ``(10) To carry out the purposes of this subsection, the 
     Secretary of the Treasury may prescribe such rules, 
     regulations, and procedures as the Secretary considers 
     necessary and transfer such funds from funds appropriated to 
     the Department of the Treasury as may be necessary to meet 
     existing liabilities and obligations incurred prior to the 
     receipt of revenues that result from debt collections.
       ``(h)(1) The head of an executive, judicial, or legislative 
     agency acting under subsection (a)(1), (2), or (3) of this 
     section to collect a claim, compromise a claim, or terminate 
     collection action on a claim may obtain a consumer report (as 
     that term is defined in section 603 of the Fair Credit 
     Reporting Act (15 U.S.C. 1681a)) or comparable credit 
     information on any person who is liable for the claim.
       ``(2) The obtaining of a consumer report under this 
     subsection is deemed to be a circumstance or purpose 
     authorized or listed under section 604 of the Fair Credit 
     Reporting Act (15 U.S.C. 1681b).''.
       (2) Returns Relating to Cancellation of Indebtedness by 
     Certain Entities.--
       (A) In general.--Subsection (a) of section 6050P of the 
     Internal Revenue Code of 1986 (relating to returns relating 
     to the cancellation of indebtedness by certain financial 
     entities) is amended by striking ``applicable financial 
     entity'' and inserting ``applicable entity''.
       (B) Entities to which requirement applies.--Subsection (c) 
     of section 6050P of such Code is amended--
       (i) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively, and inserting before paragraph (2) 
     (as so redesignated) the following new paragraph:
       ``(1) Applicable entity.--The term `applicable entity' 
     means--
       ``(A) an executive, judicial, or legislative agency (as 
     defined in section 3701(a)(4) of title 31, United States 
     Code), and
       ``(B) an applicable financial entity.'', and
       (ii) in paragraph (3), as so redesignated, by striking 
     ``(1)(B)'' and inserting ``(1)(A) or (2)(B)''.
       (C) Alternative procedure.--Section 6050P of such Code is 
     amended by adding at the end the following new subsection:
       ``(e) Alternative procedure.--In lieu of making a return 
     required under subsection (a), an agency described in 
     subsection (c)(1)(A) may submit to the Secretary (at such 
     time and in such form as the Secretary may by regulations 
     prescribe) information sufficient for the Secretary to 
     complete such a return on behalf of such agency. Upon receipt 
     of such information, the Secretary shall complete such return 
     and provide a copy of such return to such agency.''
       (D) Conforming Amendments.--
       (i) Subsection (d) of section 6050P of such Code is amended 
     by striking ``applicable financial entity'' and inserting 
     ``applicable entity''.
       (ii) The heading of section 6050P of such Code is amended 
     to read as follows:

     ``SEC. 6050P. RETURNS RELATING TO THE CANCELLATION OF 
                   INDEBTEDNESS BY CERTAIN ENTITIES.''

       (iii) The table of sections for subpart B of part III of 
     subchapter A of chapter 61 of such Code is amended by 
     striking the item relating to section 6050P and inserting the 
     following new item:

``Sec. 6050P. Returns relating to the cancellation of indebtedness by 
              certain entities.''
       (n) Effective October 1, 1995, section 11 of the 
     Administrative Dispute Resolution Act (Public Law 101-552, 5 
     U.S.C. 571 note) shall not apply to the amendment made by 
     section 8(b) of such Act.
       (o)(1) In General.--Chapter 37 of title 31, United States 
     Code, is amended in subchapter II by adding after section 
     3720C, as added by subsection (t) of this section, the 
     following new section:

     ``Sec. 3720D. Garnishment

       ``(a) Notwithstanding any provision of State law, the head 
     of an executive, judicial, or legislative agency that 
     administers a program that gives rise to a delinquent nontax 
     debt owed to the United States by an individual may in 
     accordance with this section garnish the disposable pay of 
     the individual to collect the amount owed, if the individual 
     is not currently making required repayment in accordance with 
     any agreement between the agency head and the individual.
       ``(b) In carrying out any garnishment of disposable pay of 
     an individual under subsection (a), the head of an executive, 
     judicial, or legislative agency shall comply with the 
     following requirements:
       ``(1) The amount deducted under this section for any pay 
     period may not exceed 15 percent of disposable pay, except 
     that a greater percentage may be deducted with the written 
     consent of the individual.
       ``(2) The individual shall be provided written notice, sent 
     by mail to the individual's last known address, a minimum of 
     30 days prior to the initiation of proceedings, from the head 
     of the executive, judicial, or legislative agency, informing 
     the individual of--
       ``(A) the nature and amount of the debt to be collected;
       ``(B) the intention of the agency to initiate proceedings 
     to collect the debt through deductions from pay; and
       ``(C) an explanation of the rights of the individual under 
     this section.
       ``(3) The individual shall be provided an opportunity to 
     inspect and copy records relating to the debt.
       ``(4) The individual shall be provided an opportunity to 
     enter into a written agreement with the executive, judicial, 
     or legislative agency, under terms agreeable to the head of 
     the agency, to establish a schedule for repayment of the 
     debt.
       ``(5) The individual shall be provided an opportunity for a 
     hearing in accordance with subsection (c) on the 
     determination of the head of the executive, judicial, or 
     legislative agency concerning--
       ``(A) the existence or the amount of the debt, and
       ``(B) in the case of an individual whose repayment schedule 
     is established other than by a written agreement pursuant to 
     paragraph (4), the terms of the repayment schedule.
       ``(6) If the individual has been reemployed within 12 
     months after having been involuntarily separated from 
     employment, no amount may be deducted from the disposable pay 
     of the individual until the individual has been reemployed 
     continuously for at least 12 months.
       ``(c)(1) A hearing under subsection (b)(5) shall be 
     provided prior to issuance of a garnishment order if the 
     individual, on or before the 15th day following the mailing 
     of the notice described in subsection (b)(2), and in 
     accordance with such procedures as the head of the executive, 
     judicial, or legislative agency may prescribe, files a 
     petition requesting such a hearing.
       ``(2) If the individual does not file a petition requesting 
     a hearing prior to such date, the head of the agency shall 
     provide the individual a hearing under subsection (a)(5) upon 
     request, but such hearing need not be provided prior to 
     issuance of a garnishment order.
       ``(3) The hearing official shall issue a final decision at 
     the earliest practicable date, but not later than 60 days 
     after the filing of the petition requesting the hearing.
       ``(d) The notice to the employer of the withholding order 
     shall contain only such information as may be necessary for 
     the employer to comply with the withholding order.
       ``(e)(1) An employer may not discharge from employment, 
     refuse to employ, or take disciplinary action against an 
     individual subject to wage withholding in accordance with 
     this section by reason of the fact that the individual's 
     wages have been subject to garnishment under this section, 
     and such individual may sue in a State or Federal court of 
     competent jurisdiction any employer who takes such action.
       ``(2) The court shall award attorneys' fees to a prevailing 
     employee and, in its discretion, may order reinstatement of 
     the individual, award punitive damages and back pay to the 
     employee, or order such other remedy as may be reasonably 
     necessary.
       ``(f)(1) The employer of an individual--
       ``(A) shall pay to the head of an executive, judicial, or 
     legislative agency as directed in a withholding order issued 
     in an action under this section with respect to the 
     individual, and
       ``(B) shall be liable for any amount that the employer 
     fails to withhold from wages due an employee following 
     receipt by such employer of notice of the withholding order, 
     plus attorneys' fees, costs, and, in the court's discretion, 
     punitive damages.
       ``(2)(A) The head of an executive, judicial, or legislative 
     agency may sue an employer in a State or Federal court of 
     competent jurisdiction to recover amounts for which the 
     employer is liable under paragraph (1)(B).
       ``(B) A suit under this paragraph may not be filed before 
     the termination of the collection action, unless earlier 
     filing is necessary to avoid expiration of any applicable 
     statute of limitations period.
       ``(3) Notwithstanding paragraphs (1) and (2), an employer 
     shall not be required to vary its normal pay and disbursement 
     cycles in order to comply with this subsection.
       ``(g) For the purpose of this section, the term `disposable 
     pay' means that part of the compensation of any individual 
     from an employer remaining after the deduction of any amounts 
     required by any other law to be withheld.
       ``(h) The Secretary of the Treasury shall issue regulations 
     to implement this section.''.
       (2) Clerical Amendment.--The table of sections for 
     subchapter II of chapter 37 of title 31,

[[Page H3941]]

     United States Code, is amended by inserting after the item 
     relating to section 3720C (as added by subsection (t) of this 
     section) the following new item:

``3720D. Garnishment.''.

       (p) Section 3711 of title 31, United States Code, as 
     amended by subsection (m) of this section, is further amended 
     by adding at the end the following new subsection:
       ``(i)(1) The head of an executive, judicial, or legislative 
     agency may sell, subject to section 504(b) of the Federal 
     Credit Reform Act of 1990 and using competitive procedures, 
     any nontax debt owed to the United States that is delinquent 
     for more than 90 days. Appropriate fees charged by a 
     contractor to assist in the conduct of a sale under this 
     subsection may be payable from the proceeds of the sale.
       ``(2) After terminating collection action, the head of an 
     executive, judicial, or legislative agency shall sell, using 
     competitive procedures, any nontax debt or class of nontax 
     debts owed to the United States, if the Secretary of the 
     Treasury determines the sale is in the best interests of the 
     United States.
       ``(3) Sales of nontax debt under this subsection--
       ``(A) shall be for--
       ``(i) cash, or
       ``(ii) cash and a residuary equity or profit participation, 
     if the head of the agency reasonably determines that the 
     proceeds will be greater than sale solely for cash,
       ``(B) shall be without recourse, but may include the use of 
     guarantees if otherwise authorized, and
       ``(C) shall transfer to the purchaser all rights of the 
     Government to demand payment of the nontax debt, other than 
     with respect to a residuary equity or profit participation 
     under subparagraph (A)(ii).
       ``(4)(A) Within one year after the date of enactment of the 
     Debt Collection Improvement Act of 1996, each executive 
     agency with current and delinquent collateralized nontax 
     debts shall report to the Congress on the valuation of its 
     existing portfolio of loans, notes and guarantees, and other 
     collateralized debts based on standards developed by the 
     Director of the Office of Management and Budget, in 
     consultation with the Secretary of the Treasury.
       ``(B) The Director of the Office of Management and Budget 
     shall determine what information is required to be reported 
     to comply with subparagraph (A). At a minimum, for each 
     financing account and for each liquidating account (as those 
     terms are defined in sections 502(7) and 502(8), 
     respectively, of the Federal Credit Reform Act of 1990) the 
     following information shall be reported:
       ``(i) The cumulative balance of current debts outstanding, 
     the estimated net present value of such debts, the annual 
     administrative expenses of those debts (including the portion 
     of salaries and expenses that are directly related thereto), 
     and the estimated net proceeds that would be received by the 
     Government if such debts were sold.
       ``(ii) The cumulative balance of delinquent debts, debts 
     outstanding, the estimated net present value of such debts, 
     the annual administrative expenses of those debts (including 
     the portion of salaries and expenses that are directly 
     related thereto), and the estimated net proceeds that would 
     be received by the Government if such debts were sold.
       ``(iii) The cumulative balance of guaranteed loans 
     outstanding, the estimated net present value of such 
     guarantees, the annual administrative expenses of such 
     guarantees (including the portion of salaries and expenses 
     that are directly related to such guaranteed loans), and the 
     estimated net proceeds that would be received by the 
     Government if such loan guarantees were sold.
       ``(iv) The cumulative balance of defaulted loans that were 
     previously guaranteed and have resulted in loans receivables, 
     the estimated net present value of such loan assets, the 
     annual administrative expenses of such loan assets (including 
     the portion of salaries and expenses that are directly 
     related to such loan assets), and the estimated net proceeds 
     that would be received by the Government if such loan assets 
     were sold.
       ``(v) The marketability of all debts.
       ``(5) This subsection is not intended to limit existing 
     statutory authority of agencies to sell loans, debts, or 
     other assets.''.
       (q) Section 3717 of title 31, United States Code, is 
     amended by adding at the end of subsection (h) the following 
     new subsection:
       ``(i)(1) The head of an executive, judicial, or legislative 
     agency may increase an administrative claim by the cost of 
     living adjustment in lieu of charging interest and penalties 
     under this section. Adjustments under this subsection will be 
     computed annually.
       ``(2) For the purpose of this subsection--
       ``(A) the term `cost of living adjustment' means the 
     percentage by which the Consumer Price Index for the month of 
     June of the calendar year preceding the adjustment exceeds 
     the Consumer Price Index for the month of June of the 
     calendar year in which the claim was determined or last 
     adjusted; and
       ``(B) the term `administrative claim' includes all debt 
     that is not based on an extension of Government credit 
     through direct loans, loan guarantees, or insurance, 
     including fines, penalties, and overpayments.''.
       (r)(1) In General.--Chapter 37 of title 31, United States 
     Code, is amended in subchapter II by adding after section 
     3720D, as added by subsection (o) of this section, the 
     following new section:

     ``Sec. 3720E. Dissemination of information regarding identity 
       of delinquent debtors

       ``(a) The head of any agency may, with the review of the 
     Secretary of the Treasury, for the purpose of collecting any 
     delinquent nontax debt owed by any person, publish or 
     otherwise publicly disseminate information regarding the 
     identity of the person and the existence of the nontax debt.
       ``(b)(1) The Secretary of the Treasury, in consultation 
     with the Director of the Office of Management and Budget and 
     the heads of other appropriate Federal agencies, shall issue 
     regulations establishing procedures and requirements the 
     Secretary considers appropriate to carry out this section.
       ``(2) Regulations under this subsection shall include--
       ``(A) standards for disseminating information that maximize 
     collections of delinquent nontax debts, by directing actions 
     under this section toward delinquent debtors that have assets 
     or income sufficient to pay their delinquent nontax debt;
       ``(B) procedures and requirements that prevent 
     dissemination of information under this section regarding 
     persons who have not had an opportunity to verify, contest, 
     and compromise their nontax debt in accordance with this 
     subchapter; and
       ``(C) procedures to ensure that persons are not incorrectly 
     identified pursuant to this section.''.
       (2) Clerical Amendment.--The table of sections for 
     subchapter II of chapter 37 of title 31, United States Code, 
     is amended by adding after the item relating to section 3720D 
     (as added by subsection (o) of this section) the following 
     new item:

``3720E. Dissemination of information regarding identity of delinquent 
              debtors.''.

       (s)(1) In General.--The Federal Civil Penalties Inflation 
     Adjustment Act of 1990 (Public Law 101-410, 104 Stat. 890; 28 
     U.S.C. 2461 note) is amended--
       (A) 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--
       ``(1) by regulation adjust each civil monetary penalty 
     provided by law within the jurisdiction of the Federal 
     agency, except for any penalty (including any addition to tax 
     and additional amount) under the Internal Revenue Code of 
     1986, the Tariff Act of 1930, the Occupational Safety and 
     Health Act of 1970, or the Social Security Act, by the 
     inflation adjustment described under section 5 of this Act; 
     and
       ``(2) publish each such regulation in the Federal 
     Register.'';
       (B) in section 5(a), by striking ``The adjustment described 
     under paragraphs (4) and (5)(A) of section 4'' and inserting 
     ``The inflation adjustment under section 4''; and
       (C) by adding at the end the following new section:
       ``Sec. 7. Any increase under this Act in a civil monetary 
     penalty shall apply only to violations which occur after the 
     date the increase takes effect.''.
       (2) Limitation on Initial Adjustment.--The first adjustment 
     of a civil monetary penalty made pursuant to the amendment 
     made by paragraph (1) may not exceed 10 percent of such 
     penalty.
       (t)(1) In General.--Title 31, United States Code, is 
     amended by inserting after section 3720B (as added by 
     subsection (j) of this section) 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 in this section referred to as the 
     `Account').
       ``(2) The Account shall be maintained and managed by the 
     Secretary of the Treasury, who shall ensure that agency 
     programs are credited with amounts transferred under 
     subsection (b)(1).
       ``(b)(1) Not later than 30 days after the end of a fiscal 
     year, an agency may transfer to the Account the amount 
     described in paragraph (3), as adjusted under paragraph (4).
       ``(2) Agency transfers to the Account may include 
     collections from--
       ``(A) salary, administrative, and tax refund offsets;
       ``(B) the Department of Justice;
       ``(C) private collection agencies;
       ``(D) sales of delinquent loans; and
       ``(E) contracts to locate or recover assets.
       ``(3) The amount referred to in paragraph (1) shall be 5 
     percent of the amount of delinquent debt collected by an 
     agency in a fiscal year, minus the greater of--
       ``(A) 5 percent of the amount of delinquent nontax debt 
     collected by the agency in the previous fiscal year, or
       ``(B) 5 percent of the average annual amount of delinquent 
     nontax debt collected by the agency in the previous 4 fiscal 
     years.
       ``(4) In consultation with the Secretary of the Treasury, 
     the Office of Management and Budget may adjust the amount 
     described in paragraph (3) for an agency to reflect the level 
     of effort in credit management programs by the agency. As an 
     indicator of the level of effort in credit management, the 
     Office of Management and Budget shall consider the following:
       ``(A) The number of days between the date a claim or debt 
     became delinquent and the date which an agency referred the 
     debt or claim to the Secretary of the Treasury or obtained an 
     exemption from this referral under section 3711(g)(2) of this 
     title.
       ``(B) The ratio of delinquent debts or claims to total 
     receivables for a given program, and the change in this ratio 
     over a period of time.
       ``(c)(1) The Secretary of the Treasury may make payments 
     from the Account solely to reimburse agencies for qualified 
     expenses. For agencies with franchise funds, such payments 
     may be credited to subaccounts designated for debt 
     collection.

[[Page H3942]]

       ``(2) For purposes of this section, the term `qualified 
     expenses' means expenditures for the improvement of credit 
     management, debt collection, and debt recovery activities, 
     including--
       ``(A) account servicing (including cross-servicing under 
     section 3711(g) of this title),
       ``(B) automatic data processing equipment acquisitions,
       ``(C) delinquent debt collection,
       ``(D) measures to minimize delinquent debt,
       ``(E) sales of delinquent debt,
       ``(F) asset disposition, and
       ``(G) training of personnel involved in credit and debt 
     management.
       ``(3)(A) Amounts transferred to the Account shall be 
     available to the Secretary of the Treasury for purposes of 
     this section to the extent and in amounts provided in advance 
     in appropriations Acts.
       ``(B) As soon as practicable after the end of the third 
     fiscal year after which amounts transferred are first 
     available pursuant to this section, and every 3 years 
     thereafter, any uncommitted balance in the Account shall be 
     transferred to the general fund of the Treasury as 
     miscellaneous receipts.
       ``(d) For direct loans 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.
       ``(e) The Secretary of the Treasury shall prescribe such 
     rules, regulations, and procedures as the Secretary considers 
     necessary or appropriate to carry out the purposes of this 
     section.''.
       (2) Clerical Amendment.--The table of sections for chapter 
     37 of title 31, United States Code, is amended by inserting 
     after the item relating to section 3720B (as added by 
     subsection (j) of this section) the following new item:

       ``3720C. Debt Collection Improvement Account.''.
       (u)(1) Discretionary Authority.--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.''.
       (2) Federal Agency Defined.--Section 6402(f) of the 
     Internal Revenue Code of 1986 (26 U.S.C. 6402(f)) 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).''.
       (v)(1) Notification of Secretary of the Treasury.--Section 
     3720A(a) of title 31, United States Code, is amended to read 
     as follows:
       ``(a) Any Federal agency that is owed by a person a past-
     due, legally enforceable debt (including debt administered by 
     a third party acting as an agent for the Federal Government) 
     shall, and any agency subject to section 9 of the Act of May 
     18, 1933 (16 U.S.C. 831h), owed such a debt may, in 
     accordance with regulations issued pursuant to subsections 
     (b) and (d), notify the Secretary of the Treasury at least 
     once each year of the amount of such debt.''.
       (2) Implementation of Support Collection by Secretary of 
     the Treasury.--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 the following: 
     ``This subsection may be executed by the disbursing official 
     of the Department of the Treasury.''; and
       (2) in paragraph (2)(A), by adding at the end the 
     following: ``This subsection may be executed by the Secretary 
     of the Department of the Treasury or his designee.''.
       (w) Section 3720A(h) of title 31, United States Code, is 
     amended to read as follows:
       ``(h)(1) The disbursing official of the Department of the 
     Treasury--
       ``(1) shall notify a taxpayer in writing of--
       ``(A) the occurrence of an offset to satisfy a past-due 
     legally enforceable nontax debt;
       ``(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;
       ``(2) shall notify the Internal Revenue Service on a weekly 
     basis of--
       ``(A) the occurrence of an offset to satisfy a past-due 
     legally enforceable non-tax debt;
       ``(B) the amount of such offset; and
       ``(C) any other information required by regulations; and
       ``(3) shall match payment records with requests for offset 
     by using a name control, taxpayer identifying number (as that 
     term is used in section 6109 of the Internal Revenue Code of 
     1986), and any other necessary identifiers.''.
       ``(h)(2) The term `disbursing official' of the Department 
     of the Treasury means the Secretary or his designee.''
       (x)(1) Amendments Relating to Electronic Funds Transfer.--
     Section 3332 of title 31, United States Code, popularly known 
     as the Federal Financial Management Act of 1994, is amended--
       (A) by redesignating subsection (e) as subsection (h), and 
     inserting after subsection (d) the following new subsections:
       ``(e)(1) Notwithstanding subsections (a) through (d) of 
     this section, sections 5120 (a) and (d) of title 38, and any 
     other provision of law, all Federal payments to a recipient 
     who becomes eligible for that type of payment after 90 days 
     after the date of the enactment of the Debt Collection 
     Improvement Act of 1996 shall be made by electronic funds 
     transfer.
       ``(2) The head of a Federal agency shall, with respect to 
     Federal payments made or authorized by the agency, waive the 
     application of paragraph (1) to a recipient of those payments 
     upon receipt of written certification from the recipient that 
     the recipient does not have an account with a financial 
     institution or an authorized payment agent.
       ``(f)(1) Notwithstanding any other provision of law 
     (including subsections (a) through (e) of this section and 
     sections 5120 (a) and (d) of title 38), except as provided in 
     paragraph (2) all Federal payments made after January 1, 
     1999, shall be made by electronic funds transfer.
       ``(2)(A) The Secretary of the Treasury may waive 
     application of this subsection to payments--
       ``(i) for individuals or classes of individuals for whom 
     compliance imposes a hardship;
       ``(ii) for classifications or types of checks; or
       ``(iii) in other circumstances as may be necessary.
       ``(B) The Secretary of the Treasury shall make 
     determinations under subparagraph (A) based on standards 
     developed by the Secretary.
       ``(g) Each recipient of Federal payments required to be 
     made by electronic funds transfer shall--
       ``(1) designate 1 or more financial institutions or other 
     authorized agents to which such payments shall be made; and
       ``(2) provide to the Federal agency that makes or 
     authorizes the payments information necessary for the 
     recipient to receive electronic funds transfer payments 
     through each institution or agent designated under paragraph 
     (1).''; and
       (B) by adding after subsection (h) (as so redesignated) the 
     following new subsections:
       ``(i)(1) The Secretary of the Treasury may prescribe 
     regulations that the Secretary considers necessary to carry 
     out this section.
       ``(2) Regulations under this subsection shall ensure that 
     individuals required under subsection (g) to have an account 
     at a financial institution because of the application of 
     subsection (f)(1)--
       ``(A) will have access to such an account at a reasonable 
     cost; and
       ``(B) are given the same consumer protections with respect 
     to the account as other account holders at the same financial 
     institution.
       ``(j) For purposes of this section--
       ``(1) The term `electronic funds transfer' means any 
     transfer of funds, other than a transaction originated by 
     cash, check, or similar paper instrument, that is initiated 
     through an electronic terminal, telephone, computer, or 
     magnetic tape, for the purpose of ordering, instructing, or 
     authorizing a financial institution to debit or credit an 
     account. The term includes Automated Clearing House 
     transfers, Fed Wire transfers, transfers made at automatic 
     teller machines, and point-of-sale terminals.
       ``(2) The term `Federal agency' means--
       ``(A) an agency (as defined in section 101 of this title); 
     and
       ``(B) a Government corporation (as defined in section 103 
     of title 5).
       ``(3) The term `Federal payments' includes--
       ``(A) Federal wage, salary, and retirement payments;
       ``(B) vendor and expense reimbursement payments; and
       ``(C) benefit payments.
     Such term shall not include any payment under the Internal 
     Revenue Code of 1986.''
       (2) Amendments Relating to Substitute Checks.--Section 3331 
     of title 31, United States Code, is amended--
       (A) in subsection (b), by striking ``subsection (c)'' and 
     inserting ``subsection (c) or (f)'';
       (B) by redesignating subsection (f) as subsection (g); and
       (C) by inserting after subsection (e) the following new 
     subsection:
       ``(f) The Secretary may waive any provision of this section 
     as may be necessary to ensure that claimants receive timely 
     payments.''.
       (3) Permanent Funding of the Check Forgery Insurance 
     Fund.--Section 3343 of title 31, United States Code, is 
     amended--
       (A) in subsection (a), by amending the second sentence to 
     read as follows: ``Necessary amounts are hereafter 
     appropriated to the Fund out of any moneys in the Treasury 
     not otherwise appropriated, and shall remain available until 
     expended to make the payments required or authorized under 
     this section.'';
       (B) in subsection (b)--
       (i) by inserting ``in the determination of the Secretary 
     the payee or special endorse establishes that'' after 
     ``without interest if'';
       (ii) in paragraph (2), by inserting ``and'' after the 
     semicolon;
       (iii) in paragraph (3), by striking ``; and'' and inserting 
     a period; and
       (iv) by striking paragraph (4);
       (C) in subsection (d), by inserting after the first 
     sentence the following new sentence: ``The Secretary may use 
     amounts in the Fund to reimburse payment certifying or 
     authorizing agencies for any payment that the Secretary 
     determines would otherwise have been payable from the Fund, 
     and may reimburse certifying or authorizing agencies with 
     amounts recovered because of payee nonentitlement.'';
       (D) by redesignating subsection (e) as subsection (g); and
       (E) by inserting after subsection (d) the following new 
     subsections:
       ``(e) The Secretary may waive any provision of this section 
     as may be necessary to ensure that claimants receive timely 
     payments.
       ``(f) Under such conditions as the Secretary may prescribe, 
     the Secretary may delegate duties and powers of the Secretary 
     under this section to the head of an agency. Consistent with 
     a delegation from the Secretary under this subsection, the 
     head of an agency may redelegate those duties and powers to 
     officers or employees of the agency.''.
       (y) Section 3325 of title 31, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(d) The head of an executive agency or an officer or 
     employee of an executive agency referred to in subsection 
     (a)(1)(B), as applicable,

[[Page H3943]]

     shall include with each certified voucher submitted to a 
     disbursing official pursuant to this section the taxpayer 
     identifying number of each person to whom payment may be made 
     under the voucher.''.
       (z)(1) In general.--Section 3701 of title 31, United States 
     Code, is amended--
       (A) by amending subsection (a)(1) to read as follows:
       ``(1) `administrative offset' means withholding funds 
     payable by the United States (including funds 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.'';
       (B) by amending subsection (b) to read as follows:
       ``(b)(1) In subchapter II of this chapter and subsection 
     (a)(8) of this section, the term `claim' or `debt' means any 
     amount of funds 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--
       ``(A) funds owed on account of loans made, insured, or 
     guaranteed by the Government, including any deficiency or any 
     difference between the price obtained by the Government in 
     the sale of a property and the amount owed to the Government 
     on a mortgage on the property,
       ``(B) expenditures of nonappropriated funds,
       ``(C) over-payments, including payments disallowed by 
     audits performed by the Inspector General of the agency 
     administering the program,
       ``(D) any amount the United States is authorized by statute 
     to collect for the benefit of any person,
       ``(E) the unpaid share of any non-Federal partner in a 
     program involving a Federal payment and a matching, or cost-
     sharing, payment by the non-Federal partner,
       ``(F) any fines or penalties assessed by an agency; and
       ``(G) other amounts of money or property owed to the 
     Government.
       ``(2) For purposes of section 3716 of this title, each of 
     the terms `claim' and `debt' includes an amount of funds or 
     property owed by a person to a State (including any past-due 
     support being enforced by the State), the District of 
     Columbia, American Samoa, Guam, the United States Virgin 
     Islands, the Commonwealth of the Northern Mariana Islands, or 
     the Commonwealth of Puerto Rico.'';
       (C) by adding after subsection (d) the following new 
     subsection:
       ``(e) In section 3716 of this title--
       ``(1) `creditor agency' means any agency owed a claim that 
     seeks to collect that claim through administrative offset; 
     and
       ``(2) `payment certifying agency' means any agency that has 
     transmitted a voucher to a disbursing official for 
     disbursement.
       ``(f) In section 3711 of this title, `private collection 
     contractor' means private debt collectors under contract with 
     an agency to collect a nontax debt or claim owed the United 
     States. The term includes private debt collectors, collection 
     agencies, and commercial attorneys.''; and
       (D) by amending subsection (d) to read as follows:
       ``(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--
       ``(1) the Internal Revenue Code of 1986 (26 U.S.C. 1 et 
     seq.),
       ``(2) the Social Security Act (42 U.S.C. 301 et seq.), 
     except to the extent provided under section 204(f) of such 
     Act and section 3716(c) of this title, or
       ``(3) the tariff laws of the United States.''.
       (2) Social Security.--
       (A) Application of amendments made by this act.--Subsection 
     (f) of section 204 of the Social Security Act (42 U.S.C. 404) 
     is amended to read as follows:
       ``(f)(1) With respect to any deliquent amount, the 
     Commissioner of Social Security may use the collection 
     practices described in sections 3711(f), 3716, 3717, and 3718 
     of title 31, United States Code and in section 5514 of title 
     5, United States Code, as in effect immediately after the 
     enactment of the Debt Collection Improvement Act of 1996.''
       (B) Permanent Application.--Subsection (c) of section 5 of 
     the Social Security Domestic Reform Act of 1994 (Public Law 
     103-387) is amended by striking ``and before'' and all that 
     follows and inserting a period.
       (aa)(1) Guidelines.--The Secretary of the Treasury, in 
     consultation with concerned Federal agencies, may establish 
     guidelines, including information on outstanding debt, to 
     assist agencies in the performance and monitoring of debt 
     collection activities.
       (2) Report.--Not later than 3 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, as added by 
     subsection (m) of this section.
       (3) Agency Reports.--Section 3719 of title 31, United 
     States Code, is amended--
       (A) in subsection (a)--
       (i) by amending the first sentence to read as follows: ``In 
     consultation with the Comptroller General of the United 
     States, the Secretary of the Treasury shall prescribe 
     regulations requiring the head of each agency with 
     outstanding nontax claims to prepare and submit to the 
     Secretary at least once each year a report summarizing the 
     status of loans and accounts receivable that are managed by 
     the head of the agency.''; and
       (ii) in paragraph (3), by striking ``Director'' and 
     inserting ``Secretary''; and
       (B) in subsection (b), by striking ``Director'' and 
     inserting ``Secretary''.
       (4) Consolidation of Reports.--Notwithstanding any other 
     provision of law, the Secretary of the Treasury may 
     consolidate reports concerning debt collection otherwise 
     required to be submitted by the Secretary into one annual 
     report.
       (bb) The Director of the Office of Management and Budget 
     shall--
       (1) review the standards and policies of each Federal 
     agency for compromising, writing-down, forgiving, or 
     discharging indebtedness arising from programs of the agency;
       (2) determine whether those standards and policies are 
     consistent and protect the interests of the United States;
       (3) in the case of any Federal agency standard or policy 
     that the Director determines is not consistent or does not 
     protect the interests of the United States, direct the head 
     of the agency to make appropriate modifications to the 
     standard or policy; and
       (4) report annually to the Congress on--
       (A) deficiencies in the standards and policies of Federal 
     agencies for compromising, writing-down, forgiving, or 
     discharging indebtedness; and
       (B) progress made in improving those standards and 
     policies.
       (cc)(1) Elimination of Minimum Number of Contracts.--
     Section 3718(b)(1)(A) of title 31, United States Code, is 
     amended by striking the fourth sentence.
       (2) Repeal.--Sections 3 and 5 of the Act of October 28, 
     1986 (popularly known as the Federal Debt Recovery Act; 
     Public Law 99-578, 100 Stat. 3305) are hereby repealed.

         FEDERAL ADMINISTRATIVE AND PERSONAL SERVICES EXPENSES

                             (rescissions)

       Sec. 31002. (a) Of the funds available to the agencies of 
     the Federal Government, $500,000,000 are hereby rescinded: 
     Provided, That rescissions pursuant to this paragraph shall 
     be taken only from administrative and personal services and 
     contractual services and supplies accounts: Provided further, 
     That rescissions shall be taken on a pro rata basis from 
     funds available to every Federal agency, department, and 
     office in the Executive Branch, including the Office of the 
     President.
       (b) Within 30 days of enactment of this Act, the Director 
     of the Office of Management and Budget shall submit to the 
     Committees on Appropriations of the House and Senate a 
     listing of the amounts by account of the reductions made 
     pursuant to the provisions of subsections (a) and (b) of this 
     section.
       This Act may be cited as the ``Omnibus Consolidated 
     Rescissions and Appropriations Act of 1996''.
       And the Senate agree to the same.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing vote of the two Houses on the 
     amendment of the Senate to the bill (H.R. 3019) making 
     appropriations for fiscal year 1996 to make a further 
     downpayment toward a balanced budget, and for other purposes, 
     submit the following joint statement to the House and the 
     Senate in explanation of the effects of the action agreed 
     upon by the managers and recommended in the accompanying 
     report.
       Report language included by the Senate in the report 
     accompanying S. 1594 (S. Rept. 104-236) which is not changed 
     by the conference are approved by the committee of 
     conference. The statement of the managers while repeating 
     some report language for emphasis, is not intended to negate 
     the language referred to above unless expressly provided 
     herein.

 TITLE I--OMNIBUS APPROPRIATIONS DEPARTMENTS OF COMMERCE, JUSTICE, AND 
               STATE, THE JUDICIARY, AND RELATED AGENCIES

       Sec. 101.(a).--The text of the language included under 
     section 101(a) of this conference agreement represents the 
     final agreement on appropriations for the Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies for fiscal year 1996, with the exception of those 
     Department of Justice General Provisions that were enacted 
     into law in Public Law 104-99. It marks the end of the 
     process that began with H.R. 2076, reported by the House 
     Committee on Appropriations (H. Rep. 104-196) on July 19, 
     1995, and passed by the House on July 26, 1995. The bill was 
     then reported by the Senate Committee on Appropriations (S. 
     Rep. 104-139) on September 12, 1995, and passed by the Senate 
     on September 29, 1995. The conference report (H. Rep. 104-
     378, * print) was filed on December 1, 1995, and adopted in 
     the House on December 6, 1995, and in the Senate on December 
     7, 1995. The President vetoed the bill on December 19, 1995, 
     and on January 3, 1996, although a majority of the House 
     voted for the conference report, the House did not override 
     the veto by the required two-thirds vote. Since that time, 
     funding for many of the programs in this bill has been 
     provided on a temporary basis, although a number of critical 
     law enforcement, judicial, consular, diplomatic security, and 
     small business programs were provided full-year spending 
     authority. While this conference agreement includes the full 
     text of the fiscal year 1996 Commerce, Justice, and State, 
     the Judiciary, and Related Agencies appropriations bill, with 
     the exception noted above, much of the language is identical 
     to the language included in the conference report on H.R. 
     2076. As a result, only the changes from the conference 
     report on H.R. 2076 are addressed in the statement of 
     managers that follows. With the exceptions that follow, the 
     statement of managers in the conference report

[[Page H3944]]

     on H.R. 2076 (H. Rep. 104-378, * print) and the applicable 
     portions of the House and Senate reports on H.R. 2076, remain 
     controlling and are incorporated by reference.

                         DEPARTMENT OF JUSTICE

                         General Administration


                         salaries and expenses

       The conference agreement includes $74,282,000 for General 
     Administration, as provided in both the House and Senate 
     bills. The conference agreement also includes a provision 
     that modifies the language, proposed in the House bill and 
     not included in the Senate bill, that limits the number of 
     positions and amounts for the Department Leadership program. 
     The conference agreement does not limit funding under the 
     Department Leadership program to the Offices of the Attorney 
     General and the Deputy Attorney General, as proposed in the 
     House bill. The Senate bill did not include this provision.


                         counterterrorism fund

       The conference agreement includes $16,898,000 for the 
     Counterterrorism Fund, as provided in both the House and 
     Senate bills. The conferees understand that balances of 
     $24,445,000 remain available from the 1995 Supplemental 
     Appropriation, Public Law 104-19, for authorized purposes of 
     this Fund. The Senate bill included a provision in Title III 
     which designated $7,000,000 for emergency expenses to enhance 
     Federal Bureau of Investigation (FBI) efforts in the United 
     States to combat Middle Eastern terrorism, including efforts 
     to prevent fundraising in the United States on the behalf of 
     organizations that support terrorism to undermine the peace 
     process. These funds would have been available only pursuant 
     to an official budget request that declares the funds to be 
     an emergency.
       The conferees support the purposes set forth in the Senate 
     amendment. However, the conferees have not included the 
     emergency appropriation for the FBI proposed by the Senate 
     because the conferees were informed that the Department of 
     Justice did not plan to submit an emergency request for 
     funding as required by the Senate bill and the Department of 
     Justice currently has sufficient funding available to enhance 
     the FBI's efforts to combat the flow of dollars to support 
     Middle Eastern terrorism. The conferees note that there are 
     funding balances available in the Department of Justice 
     Counterterrorism Fund which can be applied to this effort. 
     Accordingly, the Attorney General is directed to submit a 
     proposal by May 15, 1996 to the House and Senate Committees 
     on Appropriations to reprogram no less than $4,000,000 in 
     funds from the Counterterrorism Fund to enable the FBI to 
     carry out enhanced efforts in the United States to combat 
     Middle Eastern terrorism, and specifically to enhance FBI 
     efforts to prevent fundraising on behalf of organizations 
     that promote terrorism.

                            Legal Activities


         salaries and expenses, united states marshals service

       The conferees are concerned about growing detention needs 
     identified by the Marshals Service in many areas of the 
     country. The conferees understand that the General Services 
     Administration is planning a shared-use detention facility 
     adjacent to the new courthouse in Portland, Oregon, and 
     expect the Department of Justice to fully cooperate in this 
     planning effort.


           salaries and expenses, community relations service

       The conference agreement provides $5,319,000 for the 
     Community Relations Service (CRS) as proposed by both the 
     House and Senate. The conferees have also agreed to include a 
     provision added by the Senate, which allows the transfer of 
     additional amounts, pursuant to reprogramming requirements 
     under section 605, if the Attorney General determines that 
     emergent circumstances require additional funding for 
     conflict prevention and resolution activities. The language 
     included in the Senate bill has been modified to assure that 
     the transfer will not be subject to limitations that apply to 
     other Department of Justice transfers.

                    Federal Bureau of Investigation


                         salaries and expenses

                     (including transfer of funds)

       The conference agreement includes $2,407,483,000 as 
     proposed by both the House and Senate. Of the amount in the 
     House and Senate bills, $9,500,000 was provided for the FBI 
     to purchase DNA equipment for State and local forensic 
     laboratories. The conferees have agreed to expand the allowed 
     use of these funds, and make up to the full $9,500,000 
     available for a new State Identification Grants project which 
     would allow States to purchase computerized identification 
     systems that are compatible and integrated with the National 
     Crime Information Center and the Integrated Automated 
     Fingerprint Identification Systems of the FBI. Funds would 
     only be available for this new purpose upon enactment of an 
     authorization. The Senate bill, in section 118, included the 
     authorization and funding for this program. The House bill 
     did not contain a provision on this matter.
       The conferees have also included a technical change to 
     clarify that funds provided for the Department of Justice 
     Working Capital Fund to support the NCIC 2000 project are in 
     addition to funds provided under this heading.

                    Drug Enforcement Administration


                         salaries and expenses

       The conference agreement includes $810,168,000 for the 
     salaries and expenses of the Drug Enforcement Administration 
     (DEA) as proposed by the Senate, instead of $805,688,000 as 
     proposed by the House. The additional funds are to support 
     DEA's enforcement activities on the Southwest border and in 
     rural communities.

                 Immigration and Naturalization Service


                         salaries and expenses

       The conference agreement includes a technical change to 
     amounts made available through fiscal year 1997, to reflect a 
     bipartisan, bicameral agreement with the Administration on 
     INS training and hiring priorities for fiscal year 1996, as 
     proposed by both the House and Senate bills. The conference 
     agreement also corrects a technical error in the amounts 
     allocated under the Violent Crime Reduction Trust Fund, as 
     proposed by both the House and Senate bills.
       Realignment of Border Patrol positions from interior 
     stations.--The conferees are concerned with the manner in 
     which INS is developing its plan to realign Border Patrol 
     positions from the interior to the front lines of the border. 
     In an effort to balance the goal of the Congress to add 1,000 
     Border Patrol agents to the front lines of the border and the 
     concerns of the Department of Justice and INS over the 
     ability to hire and train a growing workforce of 
     inexperienced agents, the Committees provided resources for 
     800 new Border Patrol agents and the realignment of 200 
     Border Patrol agent positions from interior locations to the 
     front lines of the border. On February 1, 1996, the 
     Committees provided guidance to the Department of Justice on 
     how INS should implement this realignment. Specifically, the 
     Committee directed that any agent redeployment to the border 
     should not create a void in the INS enforcement presence in 
     interior locations and that the backfill plan for affected 
     interior posts should include the following considerations: 
     (1) personnel/relocation issues of agents currently occupying 
     interior positions; (2) the appropriate mix of personnel 
     required to maintain the current functions and activities in 
     interior locations; and (3) the number of INS personnel in 
     interior locations should be maintained unless local law 
     enforcement and other elected officials have had an 
     opportunity to review and comment on any proposed reduction 
     in personnel at any of these posts. The conferees are aware 
     that there is concern in some communities about the potential 
     effect of removing a uniformed presence of immigration 
     officers from these locations. The conferees recognize that 
     in some interior stations, particularly those located in 
     Southwest border States, the ``mix'' of personnel should not 
     be limited to INS officers, but should be comprised of a 
     balanced mix of both Border Patrol agents and INS officers, 
     with each carrying out the functions for which they are 
     trained. The conferees therefore direct INS to adjust any 
     preliminary plans to realign all Border Patrol agent 
     positions from any one interior location to address the need 
     to continue the functions and activities at current levels 
     that require uniformed Border Patrol agents. Furthermore, the 
     conferees expect INS to submit a redeployment plan that 
     addresses these concerns for approval by the Committees on 
     Appropriations of both the House and Senate by May 15, 1996.

                         Federal Prison System


                         salaries and expenses

       The conferees are aware of a recent report issued by the 
     National Institute of Corrections (NIC) which identifies 
     serious problems with regard to the District of Columbia 
     Department of Corrections operation of and facilities located 
     at the Lorton Correctional Complex. Pursuant to the relevant 
     section of the District of Columbia Appropriations Chapter, 
     the conferees direct that the Bureau of Prisons spend 
     $200,000 of the amount provided for the NIC to do a study, on 
     behalf of the District of Columbia, for alternatives to 
     correct the problems identified in the recent NIC report. The 
     conferees direct that this plan be completed by December 31, 
     1996 and forwarded to the President, Congress, and the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority.

                       Office of Justice programs


               state and local law enforcement assistance

              violent crime reduction trust fund programs

       Local Law Enforcement Block Grant.--The conference 
     agreement includes $503,000,000 for the Local Law Enforcement 
     Block Grant program, instead of $1,903,000,000 as proposed by 
     the House and $783,000,000 as proposed by the Senate. Of this 
     amount, the conference agreement provides $11,000,000 for the 
     Boys and Girls Clubs of America, $15,000,000 for the 
     Metropolitan Police Department in Washington, D.C. and up to 
     $18,000,000 for drug courts subject to the reprogramming 
     requirement in section 605. The Senate bill included 
     $20,000,000 for the Boys and Girls Clubs of America, 
     $20,000,000 for the Metropolitan Police Department in 
     Washington, D.C. and $25,000,000 for drug courts. The House 
     bill did not include separate earmarks for these programs.
       As proposed in both bills, the conference agreement 
     provides that the funding will be distributed to local 
     governments under the allocation and purposes set forth in 
     H.R. 728, as passed by the House of Representatives on

[[Page H3945]]

     February 14, 1995, with some modifications included in the 
     conference report on H.R. 2076. The conferees have added 
     language to recognize Puerto Rico as a unit of local 
     government for the purpose of allocation of these funds and 
     have added language prohibiting the use of grants awarded 
     under the block grant as matching funds for any other Federal 
     grant program.
       The conferees have also agreed that the funding provided 
     under the block grant for Boys and Girls Clubs of America is 
     made available for the same purposes and in the same manner 
     as funds appropriated under previous appropriations acts for 
     the Department of Justice and will continue to be matched at 
     no less than the same ratio to private sector funds for the 
     establishment of new Boys and Girls Clubs. The conferees 
     expect that this funding will provide at least 100 new Boys 
     and Girls Clubs to serve up to 100,000 children throughout 
     the United States.
       In addition, the conferees are aware of the negative impact 
     that the financial crisis in the Nation's Capital has had on 
     the Metropolitan Police Department's ability to effectively 
     fight crime and have provided $15,000,000 specifically for 
     this purpose, in lieu of any funds that would have been 
     available under the formula allocation of the block grant. 
     This is of great concern to the citizens of the city, the 
     Mayor, the District Council, the D.C. Financial 
     Responsibility Authority and the Congress. The amounts 
     provided are intended to support the priorities identified by 
     the Chief of Police to supplement budgeted amounts for the 
     MPD as part of a long-range strategy. The conferees agree 
     that the allocation of these funds is to be made by the Chief 
     of Police, after appropriate consultation with the Committees 
     on Appropriations and the Committees on Judiciary of both the 
     House and Senate. The conferees have included language 
     requiring that these funds, as other Federal funds 
     appropriated to the District, are to be held by the Control 
     Authority and allocated to the MPD by the Authority, based on 
     compliance with the Chief of Police's plan.
       The conference agreement does not include $80,000,000 for 
     the Crime Prevention Block Grant program authorized in 
     Subtitle B of title III of the 1994 Crime Bill, as proposed 
     by the Senate. The House bill did not include funding for 
     this program.

                  Community Oriented Policing Services

                          DISTRICT OF COLUMBIA

       Section 101(b) of H.R. 3019 provides appropriations for 
     programs, projects and activities provided for in the 
     conference report (House Report 104-455 filed January 31, 
     1996) that accompanied the District of Columbia 
     Appropriations Act, 1996 (H.R. 2546). The conference report 
     was adopted in the House of Representatives on January 31, 
     1996, but was not voted on by the Senate because of a 
     filibuster. The Senate voted on a motion to invoke cloture 
     and close further debate on four separate occasions. The 
     required 60 votes were not attained on any of those votes 
     which occurred on February 27, 1996 (54-44); February 29, 
     1996 (52-42); March 5, 1996 (53-43); and March 12, 1996 (56-
     44). H.R. 3019 as passed the House on March 7, 1996, did not 
     include funding for the District of Columbia government; 
     however, the bill as passed the Senate on March 19, 1996, 
     included the conference report (House Report 104-455) that 
     accompanied H.R. 2546 with certain modifications that are 
     explained later in this statement. The language and 
     allocations set forth in House Report 104-294, Senate Report 
     104-144, and House Report 104-455 are to be complied with 
     unless specifically addressed to the contrary in the 
     accompanying bill and statement of the managers. The 
     conference agreement also includes various technical changes 
     to headings and section references.

                    D.C. Chartered Health Plan, Inc.

       The conferees note that language in section 3008 of H.R. 
     3019, the Omnibus Consolidated Rescissions and Appropriations 
     Act of 1996, under the jurisdiction of the Subcommittee on 
     the Departments of Labor, Health and Human Services, and 
     Education, provides a waiver to the D.C. Chartered Health 
     Plan, Inc., a private provider of managed health care in the 
     District that was established in 1988 and provides health 
     care to 40 percent of the Medicaid AFDC beneficiaries in the 
     District.

                            Infant Mortality

       The conferees are deeply concerned that the status of 
     infant mortality and morbidity in the Nation's Capital 
     continues to be the poorest in the United States. The 
     Departments of Labor, Health and Human Services, and 
     Education and Related Agencies Appropriations Act for fiscal 
     year 1991 (H.R. 5257) included funds in the budget for the 
     National Institute of Child Health and Human Development 
     (NICHD) ``to conduct research on pregnancy and perinatology 
     with special emphasis on the determinants and consequences of 
     environmental contributions, including crack cocaine abuse, 
     to the low birth weight and infant mortality problems in the 
     District.'' (Senate Report 101-516, page 118). The report 
     further states that ``The plan should include research 
     projects * * * and the means to contract with a local host 
     institution to provide the clinical facilities associated 
     infrastructure to operate them''.
       The conferees request that the NICHD continue its research 
     on pregnancy and perinatology as directed in Senate Report 
     101-516 and conduct its study within the jurisdictional 
     bounds of the Nation's Capital as spelled out in that report. 
     Further, the conferees urge NICHD to solicit bids only within 
     the District of Columbia, consistent with the intent of 
     Congress as originally reflected in Senate Report 101-516.

                          D.C. Canine Facility

       As noted on page 120 of the conference report (House Report 
     104-455) that accompanied the District of Columbia 
     Appropriations Act, 1996 (H.R. 2546), the Metropolitan Police 
     Department has had a long-standing need to construct a 
     modernized canine training facility at a location near D.C. 
     Village. The funding for this project has been available for 
     some time; however, for various reasons construction of the 
     facility has been delayed and contract bids have been allowed 
     to expire. The conferees have been informed that the District 
     government has identified approximately $750,000 for 
     construction of the facility and again is proceeding with the 
     required contracting procedures. The schedule provided by 
     District officials calls for the contract to be awarded in 
     July with construction to begin immediately thereafter so 
     that the facility can be occupied by February 1997. The 
     conferees direct District officials to expedite this long 
     overdue project and to immediately advise the House and 
     Senate Committees on Appropriations of any delays. District 
     officials are requested to provide monthly progress reports 
     with detailed explanations for deviations from the schedule. 
     The reports are to be provided to the House and Senate 
     Committees on Appropriations on the first day of each month 
     following the enactment of this Act.
       The present canine facility being used by the Metropolitan 
     Police Department is located on property that is being 
     transferred to the Architect of the Capitol as required by 
     Public Law 98-340 and referenced in section 1565 of this Act. 
     For several years the plan has been to use the existing 
     facility, when it becomes available, for the U.S. Capitol 
     Police who have been occupying temporary structures while 
     waiting for the Metropolitan Police to move to their new 
     quarters. During the transition period while the new D.C. 
     canine facility is being constructed, the conferees believe 
     that co-location of the Metropolitan Police and the U.S. 
     Capitol Police canine forces is more economical than 
     providing two separate facilities. The conferees therefore 
     direct the Metropolitan Police Department to share the 
     existing canine facility at D.C. Village with the U.S. 
     Capitol Police and its canine training program. The conferees 
     request monthly reports from both police forces on the status 
     of this sharing arrangement. The first report is due April 
     30, 1996, with subsequent reports due on the last day of each 
     month until the Metropolitan Police move into the new D.C. 
     canine facility.

                Title I--Fiscal Year 1996 Appropriations


               federal contribution for education reform

       The conference action deletes this paragraph and the 
     Federal appropriation of $14,930,000 instead of reallocating 
     the low-income scholarship funding of $5,250,000 to repair, 
     modernization, maintenance and planning consistent with 
     subtitles A and F of title II of the bill, 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'' (which is the acronym for the 
     Superintendent's educational reform agenda ``Bringing 
     Education Services to Students'') as proposed by the Senate.


                   governmental direction and support

       The conference action includes a proviso transferred from 
     the deleted paragraph ``Education Reform'' that directs the 
     District government to enter into negotiations with Gallaudet 
     University for the purpose of transferring the Hamilton 
     Junior High School building from the District's public school 
     system to Gallaudet. The conferees expect that such a 
     transaction, which would require the agreement of both 
     Gallaudet and the District government, would result in 
     substantial proceeds being made available for improving the 
     District's public school facilities in the same ward. The 
     Hamilton School, which is in the midst of the Gallaudet 
     campus, was appraised at approximately $4,000,000 in 1990, 
     though it may be worth somewhat less at present. There is 
     some evidence that the title to the land on which Hamilton is 
     located is vested in the Federal government. The conferees 
     are hopeful that a mutually satisfactory arrangement can be 
     worked out voluntarily between the two parties, with area 
     students the beneficiaries.


                            education reform

       The conference action deletes this paragraph which 
     appropriated $14,930,000 from the District's general fund for 
     Education Reform initiatives. The proviso in this paragraph 
     relating to Gallaudet University has been transferred to the 
     heading ``Governmental Direction and Support''.


                           general provisions

       Lorton Correctional Complex.--The conference action amends 
     section 151 of H.R. 2546 (House Report 104-455) concerning 
     the Lorton Correctional Complex to reflect the findings of a 
     report dated January 30, 1996, issued recently by the 
     National Institute of Corrections (NIC) which identifies very 
     serious problems with the operation, management, and physical 
     plant. The amendment agreed to by the conferees addresses 
     many of the concerns raised by the NIC report and

[[Page H3946]]

     conforms the initial language to changed timetables. 
     Subsection (a) added by the conferees directs the NIC acting 
     for and on behalf of the District of Columbia to hire a 
     consultant to develop a plan for short-term improvements on a 
     limited number of administrative and physical plant reforms 
     that can be completed within a three to five month time-
     frame. The language also requires the NIC to submit their 
     report to the President, the Congress, the Mayor, and the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority no later than September 30, 1996. 
     Subsection (b) directs the NIC acting for and on behalf of 
     the District of Columbia to hire a consultant to develop at 
     least four optional long-term plans for the Lorton 
     Correctional Complex, including: (1) a plan under which the 
     Lorton Correctional Complex will be closed and inmates 
     transferred to new facilities constructed and operated by 
     private entities; (2) a plan under which the Lorton 
     Correctional Complex will remain in operation under the 
     management of the District of Columbia subject to such 
     modification as the District considers appropriate; (3) a 
     plan under which the Federal government will operate the 
     Lorton Correctional Complex and the inmates will be sentenced 
     and treated in accordance with guidelines applicable to 
     Federal prisoners; and (4) a plan under which the Lorton 
     Correctional Complex will be operated under private 
     management. The language also requires the NIC to submit 
     their report to the President, the Congress, the Mayor, 
     and the District of Columbia Financial Responsibility and 
     Management Assistance Authority no later than December 31, 
     1996.
       Adoptions by unmarried couples.--The conference action 
     deletes section 152 of H.R. 2546 (House Report 104-455) that 
     would have prohibited adoptions by unmarried couples except 
     in those cases where one of the individuals was the natural 
     parent.
       Chief Financial Officer powers.--The conference action 
     inserts a new section 152 effective during fiscal years 1996 
     and 1997 which clarifies certain duties and responsibilities 
     of the Chief Financial Officer to enable the CFO to exercise 
     his authority with the independence called for under Public 
     Law 104-8, approved April 17, 1995, which created the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority and established the Chief Financial 
     Officer position. The Treasurer of the District, the 
     Controller of the District and the head of the Office of 
     Financial Information Services were placed under the CFO's 
     authority by Public Law 104-8. The clarifying language places 
     the directors of the Office of the Budget and the Department 
     of Finance and Revenue as well as all other District of 
     Columbia executive branch accounting, budget, and financial 
     management personnel under the CFO's authority thereby 
     providing the CFO with control over all financial activities 
     of the District government as envisioned by Public Law 104-8. 
     All of these individuals will be appointed by, serve at the 
     pleasure of, and act under the direction and control of the 
     CFO.
       Property conveyance.--The conference action inserts a new 
     section 156 requiring the transfer of certain property to the 
     Architect of the Capitol. Public Law 98-340, approved July 3, 
     1984, provided for a multi-jurisdictional land exchange to 
     allow the Washington Metropolitan Area Transit Authority to 
     complete construction of the Green Line, which was the last 
     segment of the region's rapid rail system. This land exchange 
     resulted from a decision to place a Metro station and parking 
     facility across the Anacostia River near the juncture of the 
     South Capitol Street Bridge and I-295, and involved the 
     Washington Metropolitan Area Transit Authority, the District 
     of Columbia, the National Park Service, and the Architect of 
     the Capitol. The Agreement, which was entered into 12 years 
     ago, included a commitment by the District of Columbia to 
     transfer a portion of D.C. Village to the Architect of the 
     Capitol in exchange for land under the Architect of the 
     Capitol's jurisdiction that was transferred for the Metro 
     facility. All work called for under the Agreement has been 
     completed, including the relocation of Shepherd Parkway. The 
     conferees have included language in section 156 of this Act 
     which requires the District government to provide the 
     Architect of the Capitol with a deed for the property in 
     accordance with the Agreement not later than 30 days after 
     the enactment of H.R. 3019.

              Title II--District of Columbia School Reform

       The conference action amends the District of Columbia 
     school reforms reflected in the conference report (House 
     Report 104-455) on H.R. 2546, the District of Columbia 
     Appropriations Act for fiscal year 1996. the conference 
     agreement deletes ``Subtitle C--Even Start''; ``Subtitle G--
     Residential School''; and ``Subtitle N--Low-Income 
     Scholarships'' that were included in House Report 104-455. 
     The conference agreement incorporates the provisions of 
     ``Subtitle H--Progress Reports and Accountability'' that was 
     included in House Report 104-455 as the last two sections of 
     subtitle A. The conference agreement also incorporates many 
     of the provisions of ``Subtitle J--Management and Fiscal 
     Accountability'' and ``Subtitle K--Personal Accountability 
     and Preservation of School-Based Resources'' into various 
     general provisions under title I. The remaining sections of 
     subtitles J and K have been consolidated into a new 
     ``Subtitle G--Management and Fiscal Accountability; 
     Preservation of School-Based Resources''.
       Recently, the Council of the District of Columbia passed 
     D.C. Bill 11-318, the Public Charter Schools Act of 1996. On 
     March 26, 1996, the Mayor returned the bill to the Council 
     without his signature. In his letter the Mayor states that 
     ``The legislation creates extensive regulations for proposed 
     charter schools without providing significant independent 
     authority.'' His letter further states ``In addition, 
     proposed charter schools might not have available to them 
     certain regional and central system support provided to other 
     schools within the system.'' The conferees are committed to 
     ensuring that charter schools become a reality in the 
     District and have therefore included Subtitle B--Public 
     Charter Schools, in title II of the conference agreement. 
     This subtitle addresses the concerns expressed by the Mayor.
       The conference agreement includes residential education as 
     a program that can be provided in a public charter school and 
     requires the District to provide the $130,000 prorata share 
     of Public Charter School Board operating expenses for the 
     remainder of fiscal year 1996. In addition, the conferees 
     note that other portions of this conference agreement provide 
     the U.S. Department of Education with additional funds to 
     support charter school activities in the various states. The 
     conferees intend that the Department provide the District of 
     Columbia with appropriate financial and technical assistance 
     to support the start-up of the Charter School Board.
       The conference agreement amends ``Subtitle D--World Class 
     Schools Task Force'' by changing the letter designation from 
     ``D'' to ``C'' and including language to provide funding 
     authorizations in fiscal year 1997. The conference agreement 
     also makes other technical changes in dates as appropriate.
       The conferees are deeply concerned about the state of the 
     facilities in the District of Columbia public school system. 
     Subtitle E--School Facilities Repair and Improvement, calls 
     for the U.S. General Services Administration to provide 
     technical assistance to the District of Columbia public 
     schools in the development of a facilities revitalization 
     plan. It also provides waivers to allow private companies to 
     donate materials and services to rehabilitate school 
     facilities. The conference agreement includes narrowly drawn 
     waivers to ensure that private employees may donate their 
     services. The language also ensures that employees of the 
     District of Columbia government will not be called upon to 
     ``volunteer'' to provide services for which they would be 
     paid as a part of their employment.
       The conferees encourage the District of Columbia Public 
     Schools in their efforts to establish a residential school to 
     serve the residents of the District of Columbia. The 
     conferees look forward to having the thoughts and plans of 
     the Superintendent and other school officials during 
     consideration of the District's fiscal year 1997 budget and 
     financial plan. Without the availability of Federal funds, 
     the authorizing language included in the conference report 
     (House Report 104-455) on H.R. 2546 as ``Subtitle G--
     Residential School'' has been deleted.
       The conferees believe that leveraging private sector funds 
     to provide the public schools with access to state-of-the-art 
     technology and implementing a regional workforce training 
     initiative are essential to creating a model public education 
     system in the Nation's Capital. In the absence of Federal 
     funds for fiscal year 1996, the conferees have amended the 
     authorizations included in the conference report (House 
     Report 104-455) on H.R. 2546 for these programs to begin in 
     fiscal year 1997. The conference agreement deletes section 
     2704(e) ``Professional Development Program for Teachers and 
     Administrators'' that had been included in the conference 
     report (House Report 104-455) on H.R. 2546.


              violent crime reduction trust fund programs

       The conference agreement includes $1,400,000,000 for 
     Community Oriented Policing Services (COPS), instead of 
     $975,000,000 as proposed by the Senate and no funding for 
     this program as proposed by the House. Of the amount 
     provided, $10,000,000 is included for the Police Corps 
     program. The conferees have also included a technical change 
     referencing the authorizations for the Police Corps program 
     under the 1994 Crime Bill, as proposed by the Senate.
       The conferees agree that the funding provided should be 
     used for the purpose of providing grants which will yield at 
     least 19,000 additional police officers on the street in 
     order to reach the goal of 100,000 additional police officers 
     by the year 2000 which will require similar funding levels in 
     fiscal years 1997 through 1999 with the balance to be funded 
     in the year 2000. The conferees note that with this funding, 
     two years into the six-year Community Policing program, at 
     least 45,000 police will have been hired. A clear path to 
     achieving the mutual objective of putting more police on the 
     street has been established. In addition, the conferees have 
     provided $503,000,000 for the Local Law Enforcement block 
     Grant that should provide for even more police being hired at 
     an even faster pace.
       The conferees agree that the primary objective of COPS 
     funding is to hire new police officers in the most cost-
     effective manner possible. The conferees direct that, from 
     this point forward, the COPS office use grant funds to the 
     maximum extent possible to

[[Page H3947]]

     hire more police, and should not use these funds for non-
     hiring projects. Funding for these purposes, such as 
     equipment, training and overtime, is available to localities 
     through the Local Law Enforcement Block Grant and need not be 
     duplicated under this program. The conferees have also 
     included language that limits the amount spent on program 
     management and administration to 130 positions and 
     $14,602,000.

               General Provisions--Department of Justice

       The conference agreement includes the following General 
     Provisions for the Department of Justice that were not 
     enacted into law under Public Law 104-99. The conferees have 
     also included language under section 616 to reinforce that 
     the General Provisions for the Department of Justice enacted 
     under section 211 of Public Law 104-99 shall continue to 
     remain in effect. A Department of Justice legal opinion dated 
     February 27, 1996, states that all the General Provisions for 
     the Department of Justice included in the conference report 
     on H.R. 2076, with the exception of section 114, were enacted 
     into law under Public Law 104-99 on January 26, 1996. The 
     Senate bill repeated all general provisions, except for 
     sections 116 through 119 which were permanent changes to law, 
     and the House bill did not include any of the general 
     provisions with the exception of section 114.
       The conferees note that under section 106, which is 
     currently enacted in law, the Department of Justice was 
     provided the authority to spend up to $10,000,000 for rewards 
     for information regarding acts of terrorism against the 
     United States. The conferees agree that the Attorney General, 
     before making any international reward, should continue to 
     consult and coordinate with the Secretary of State.
       Sec. 114. The conferees have agreed to include section 114 
     and have revised the language proposed in the House and 
     Senate bills which authorizes a new Violent Offender 
     Incarceration and Truth-in-Sentencing Incentive Grants 
     program to replace the program currently authorized in Title 
     II of the Violent Crime Control and Law Enforcement Act of 
     1994. The House bill included the revised Violent Offender 
     Incarceration and Truth-in-Sentencing Incentive Grants 
     program as passed in the conference report on H.R. 2076. The 
     Senate bill included a revision to the language included 
     in the conference report on H.R. 2076.
       As provided in both the House and Senate bills, the 
     conference agreement includes $617,500,000 under the Violent 
     Crime Reduction Programs for State and Local Law Enforcement 
     Assistance for this provision. Of the funds provided, and 
     after amounts allocated for incarceration for criminal 
     aliens, the Cooperative Agreement Program and incarceration 
     of Indians on Tribal lands, $403,875,000 is available for 
     State Prison Grants and the administration of this program.
       The conferees agree that the Violent Offender Incarceration 
     and Truth-in-Sentencing Incentive Grants program should 
     reward and provide an incentive to States that are taking the 
     necessary steps to keep violent criminals off the streets. 
     The conferees further agree that the program currently 
     authorized in the Violent Crime Control and Law Enforcement 
     Act of 1994 fails to provide an adequate incentive for States 
     to adopt tougher sentencing policies. The conferees are also 
     concerned that sufficient seed money to States is needed to 
     encourage States to adopt truth-in-sentencing. Thus, of the 
     amount available, the conferees have agreed that 50 percent 
     would be set aside for Truth-in-Sentencing Grants and the 
     remaining 50 percent would be distributed as General Grants 
     to all states that qualify. Under the revised language, 
     States would no longer be forced to choose between mutually 
     exclusive grant programs. States qualifying for Truth-in-
     Sentencing Grants would receive those funds in addition to 
     any General Grant funds they are eligible to receive. The 
     conferees further intend that in the future the percentage of 
     prison grant funds dedicated to General Grants should decline 
     in order to provide a greater incentive for States to adopt 
     truth-in-sentencing policies.
       The conferees have therefore adopted language that provides 
     that all States that provide assurances to the Attorney 
     General that the State has implemented, or will implement, 
     correctional policies and programs that (a) ensure that 
     violent offenders serve a substantial portion of the 
     sentences imposed; (b) are designed to provide sufficiently 
     severe punishment for violent offenders, including violent 
     juvenile offenders; and (c) ensure 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, will receive ``seed'' 
     funding to increase their capacity of prison space. A State 
     will receive additional funding from General Grants if the 
     State can demonstrate that, in addition to the above 
     assurances, the State has (a) increased the number of persons 
     sentenced to prison who have been arrested for violent 
     crimes; or (b) increased the sentences of persons convicted 
     of violent crimes or the average prison time actually served; 
     or (c) increased by over 10 percent over the last three years 
     the number of persons sent to prison for committing violent 
     crime.
       A State will be eligible to receive a Truth-in-Sentencing 
     Grant in addition to General Grant funding it is eligible 
     for, if the State has adopted truth-in-sentencing laws which 
     require persons sentenced to prisons for violent crimes to 
     serve at least 85 percent of their sentence. In addition, if 
     a State practices indeterminate sentencing, that is, a State 
     in which the sentence imposed by the court may involve a 
     range of imprisonment, it may be eligible to receive a Truth-
     in-Sentencing Grant if (1) the State has ``sentencing and 
     release guidelines'' (which refers to guidelines that by law 
     are utilized both by courts for guidance in imposing a 
     sentence and by parole release authorities in establishing a 
     presumptive release date when the offender has entered 
     prison) and violent offenders serve on average not less than 
     85 percent of the period to the presumptive release date 
     prescribed by these guidelines, or (2) the State demonstrates 
     that violent offenders serve on average not less than 85 
     percent of the maximum prison term allowed under the sentence 
     imposed by the court.
       The revised language included in this section authorizes 
     $10,267,600,000 for fiscal years 1996 through 2000 for States 
     to build or expand correctional facilities for the purpose of 
     incapacitating criminals convicted of part I violent crimes, 
     or persons adjudicated delinquent for an act which if 
     committed by an adult, would be a part I violent crime. It 
     does not allow funds to be used to operate prisons as 
     provided in the current program and it requires a ten percent 
     match by the State instead of a 25 percent match as included 
     in the current program. The conferees agree that in 
     developing criteria for determining the eligibility for 
     funding to build or expand bedspace, the Department of 
     Justice should include a requirement that States demonstrate 
     the ability to fully support, operate and maintain the prison 
     for which the State is seeking construction funds.
       Other provisions of the new authorization require that 
     States share up to 15 percent of the funds received with 
     counties and other units of local government for the 
     construction and expansion of correctional facilities, 
     including jails, to the extent that such units of local 
     government house state prisoners due to States carrying out 
     the policies of the Act. In addition, under exigent 
     circumstances, States may also use funds to expand juvenile 
     correctional facilities, including pretrial detention 
     facilities and juvenile boot camps. In order to be 
     eligible for grants, States are also required to implement 
     policies that provide for the recognition of the rights 
     and needs of crime victims.
       In addition, of the total amount provided, $200,000,000 is 
     available for payments to States for the incarceration of 
     criminal aliens. The conferees intend that this funding 
     should be merged with and administered under the State 
     Criminal Alien Assistance Program (SCAAP), including the 
     normal authority to utilize up to one percent of the funds 
     for administrative purposes. The conferees expect the 
     Department of Justice to provide these funds to eligible 
     States in a timely manner.
       Sec. 120.--The conference agreement includes a new general 
     provision, as proposed by the Senate as section 116, which 
     extends the Department of Justice's pilot debt collection 
     project through September 30, 1997. The House bill did not 
     include this provision.
       Sec. 121.--The conference agreement includes a new general 
     provision, proposed by the Senate as section 117, which 
     amends the 1994 Crime Bill to define ``educational expenses'' 
     to be funded under the Police Corps program. The conference 
     agreement modifies the language proposed by the Senate to 
     assure that the course of education being pursued under this 
     program is related to law enforcement purposes. The House 
     bill did not include this provision.
       Sec. 122.--The conference agreement includes a technical 
     correction, similar to section 109 as proposed by the Senate, 
     to the U.S. Code citation regarding the Assets Forfeiture 
     Fund to conform to changes enacted into law under Public Law 
     104-66 and Public Law 104-99 and to ensure the intended 
     effect of these changes. The House bill did not include this 
     technical correction.

              DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                         DEPARTMENT OF COMMERCE

                  Trade and Infrastructure Development

                 U.S. Travel and Tourism Administration

       The conference agreement, like the House and Senate bills, 
     does not include funding for the U.S. Travel and Tourism 
     Administration. Its functions are in the process of being 
     transferred to the International Trade Administration, and no 
     further funding is required.

                Economic and Information Infrastructure


       national telecommunications and information administration

                         salaries and expenses

       The conference agreement includes language proposed by the 
     Senate clarifying the authority of the Secretary of Commerce 
     to charge federal agencies for spectrum management, analysis, 
     operations and related services, which was not addressed in 
     the House bill, and making technical changes to language 
     included in the House bill regarding the retention and use of 
     all funds so collected.

                         Science and Technology

             National Institute of Standards and Technology


                     industrial technology services

       The conference agreement includes $301,000,000 for 
     Industrial Technology Services, of which $80,000,000 is for 
     the Manufacturing Extension Partnership (MEP) program, and of 
     which $221,000,000 is for the Advanced Technology Program 
     (ATP). The

[[Page H3948]]

     House bill included $80,000,000 for the MEP, and $100,000,000 
     in contingent appropriations for ATP. The Senate bill 
     included $80,000,000 for MEP, and $235,000,000 in 
     contingent appropriations for ATP.
       The amount provided for ATP in this agreement represents 
     the Commerce Department's most recent estimate of the amount 
     required to pay for continuation grants required in fiscal 
     year 1996 for ATP awards made in fiscal year 1995 and prior 
     years. The conferees are agreed that the Commerce Department 
     and NIST should accord highest priority to honoring these 
     prior year commitments. The Department shall submit a plan 
     indicating how it intends to spend the funds available for 
     ATP this year within 30 days of the enactment of this Act.
       The conferees remain supportive of biotechnology research 
     and innovation centers which provide technical and financial 
     assistance, education and training to help create and promote 
     promising new companies. The conferees note that the 
     Department has previously provided support for these centers 
     in several States, including Massachusetts, and believe that 
     such support is in keeping with the Department's mission of 
     promoting both economic and trade opportunities. Therefore, 
     the conferees believe that the Department should make 
     available sufficient funds for continuing operations of these 
     centers at levels consistent with previous years.

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities

                     (including transfer of funds)

       The conference agreement includes a direct appropriation of 
     $1,792,677,000 for the National Oceanic and Atmospheric 
     Administration's Operations, Research, and Facilities 
     account, as proposed by the House, instead of $1,799,677,000 
     as proposed by the Senate. The conference agreement does not 
     include $7,000,000 proposed in the Senate bill for the Global 
     Learning and Observations to Benefit the Environment program. 
     The House bill and the conference agreement do not include 
     funding for this program.
       In addition, the following clarifications of issues in the 
     statement of managers accompanying the conference report on 
     H.R. 2076 are provided:
       The conferees do not expect NOAA to undertake a deep ocean 
     isolation study during fiscal year 1996.
       Funds for mapping, charting, and geodesy services are to be 
     used to acquire such services through contracts entered into 
     with qualified private sector contractors when such contracts 
     are the most cost-effective method of obtaining those 
     services.
       Because of the reduced funding level for the fleet and the 
     emphasis on contracting for services, the conferees would 
     like NOAA to submit a plan for purchases of fleet vessel 
     equipment prior to expending funds for this purpose.
       The conferees agree with language included in the Senate 
     report on H.R. 2076 regarding NOAA utilization of the UNOLS 
     (university) fleet for its research needs.
       The conferees strongly concur with the House, Senate, and 
     joint House/Senate conference reports to H.R. 2076 regarding 
     NMFS and NOAA actions on sea turtle conservation and shrimp 
     fishery issues except that the conferees direct that any 
     revisions, if necessary, that are based on the NMFS November 
     14, 1994 or subsequent Biological Opinions shall include the 
     results of the independent scientific peer review and 
     alternatives for lessening the economic impact on the shrimp 
     fishing industry as directed in both the House and Senate 
     reports to H.R. 2076. Additionally, the conferees direct NMFS 
     and the Department of Commerce to provide within 30 days of 
     enactment of this Act a detailed written report to the 
     Committees on Appropriations that includes: (1) the results 
     of the independent peer review of the NMFS November 14, 1994 
     Biological Opinion on sea turtle conservation as directed in 
     the conference report to H.R. 2076; (2) the findings and 
     recommendations of the scientific expert working group 
     directed to be established in the House and Senate reports to 
     H.R. 2076; (3) the results of the meetings with the shrimp 
     fishing industry and the conservation community as directed 
     by the House and Senate reports to H.R. 2076; and (4) 
     conclusions of the economic impact analysis directed to be 
     completed in the House and Senate reports to H.R. 2076. The 
     conferees are concerned that NOAA and the Department of 
     Commerce are proceeding with additional restrictions on the 
     shrimp fishery before the results of these analyses and 
     reviews are completed and despite NMFS and Coast Guard data 
     confirming that shrimp fishermen are complying with existing 
     fishing restrictions at a 97 to 99 percent rate.

                       Technology Administration

       Office of the Under Secretary/Office of Technology Policy


                         salaries and expenses

       The conference agreement provides $7,000,000 for the Office 
     of Technology Policy, instead of $5,000,000 as proposed by 
     the House, and $5,000,000 and an additional $2,000,000 in 
     contingent appropriations as proposed by the Senate.
       The $2,000,000 provided over the House amount, which is 
     also $2,000,000 over the amount provided in the conference 
     report on H.R. 2076, is to be used to support the civilian 
     technology initiatives with which the Technology 
     Administration is involved, including international science 
     and technology policy assessment, industrial 
     competitiveness studies, support for the U.S./Israel 
     Secretariat and the National Medal of Technology. The 
     funds are not intended to be used to supplant the need for 
     the downsizing of employment that is nearing completion in 
     the Technology Administration.
       The Senate bill provided an additional $2,000,000 in 
     contingent appropriations for the U.S.-Israel Science and 
     Technology Commission, which is not included in the 
     conference agreement. As provided in both the House and 
     Senate reports on H.R. 2076, the Committees continue to 
     support the U.S.-Israel Science and Technology Commission. 
     The conferees expect the Commerce Department to provide its 
     commitment of $2,500,000 for this program in fiscal year 1996 
     from within available resources, subject to the standard 
     transfer and reprogramming procedures set forth under 
     sections 205 and 605 of this section of the bill.

               General Provisions--Department of Commerce

       Sec. 206. The conference agreement does not include 
     language proposed by the Senate to prohibit the use of funds 
     by the Secretary of Commerce to issue final determinations 
     under the Endangered Species Act. The House bill contained no 
     provision on this matter under this Chapter. Language on this 
     issue is not necessary under this Chapter because the issue 
     is being addressed on a government-wide basis under the 
     Department of Interior and Related Agencies Chapter.
       Sec. 210. The conference agreement includes a modified 
     general provision proposed by the House, but not in the 
     Senate bill, to prohibit the use of funds to develop or 
     implement new individual fishing quota, individual 
     transferable quota, or individual transferable effort 
     allocation programs until offsetting fees to pay for the cost 
     of administering such programs are authorized. The House 
     provision applied only to individual transferable quota 
     programs. In addition, the conference agreement adds language 
     not in the House bill to clarify that the restriction does 
     not apply to any program approved prior to January 4, 1995.
       Sec. 211. The conference agreement includes a general 
     provision, similar to language proposed under title III of 
     the Senate bill, to amend Section 308(d) of the 
     Interjurisdictional Fisheries Act of 1986 to increase 
     flexibility in providing grants to commercial fishermen for 
     uninsured losses resulting from a fishery resource disaster 
     arising from a natural disaster. The changes from the 
     language proposed by the Senate are designed to provide 
     further assurances that any fishing boat bought back under 
     this program must be scrapped or otherwise disposed of in a 
     way that prevents the boat from reentering any fishery. The 
     House bill contained no similar provision
       Sec. 212. The conference report includes a general 
     provision, not in either bill, giving the Secretary of 
     Commerce authority to award contracts for mapping and 
     charting activities in accordance with the Brooks Act, Title 
     IX of the Federal Property and Administrative Services Act of 
     1949 (40 U.S.C. 541 et seq.). The statement of managers 
     accompanying the conference report on H.R. 2076 indicated 
     that the conferees expected NOAA to award contracts in 
     accordance with this Act, but the Department has indicated 
     that statutory language is required to carry out the 
     conferees' intent.

                DEPARTMENT OF STATE AND RELATED AGENCIES

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    diplomatic and consular programs

       The conference agreement, like the House and Senate 
     versions of H.R. 3019, strikes language included in the 
     conference report on H.R. 2076 which prohibited the extension 
     of machine readable visa fees after April 1, 1996. In section 
     112 of Public Law 104-92, a full year extension of the 
     authority to collect the fee was enacted into law.
       The statement of managers in the conference agreement on 
     H.R. 2076 (H. Rep. 104-378) contained an incorrect 
     description of the contents of the agreement relating to 
     funding for the Diplomatic Telecommunications Service (DTS). 
     That conference report included language that provided 
     $24,856,000 for DTS operation of existing base services, and 
     not to exceed $17,144,000 for enhancements to remain 
     available until expended, of which $9,600,000 was not to be 
     made available until expiration of 15 days after submission 
     of the pilot project report. The conferees have agreed to 
     reduce the amount withheld from $9,600,000 to $2,500,000.


           security and maintenance of united states missions

       The conference report includes $385,760,000 for Security 
     and Maintenance of United States Missions, as proposed in 
     both the House and Senate bills, but does not include an 
     additional contingent appropriation of $8,500,000 as proposed 
     in title IV of the Senate bill.
       The additional rescission in this account proposed by the 
     Senate is addressed separately under the Rescissions section.

              International Organizations and Conferences


              contributions to international organizations

       The conference agreement includes $892,000,000 for 
     Contributions to International Organizations, to pay the 
     costs assessed to the United States for membership in 
     international organizations, compared to

[[Page H3949]]

     $700,000,000 and an additional $158,000,000 in contingent 
     appropriations in the House bill, and $700,000,000 and an 
     additional $223,000,000 in contingent appropriations in the 
     Senate bill.
       In addition, the conference agreement includes language 
     withholding $80,000,000 of the total provided, to be made 
     available on a quarterly basis upon certification by the 
     Secretary of State that the United Nations has taken no 
     action to increase funding for any United Nations program 
     without identifying an offsetting decrease elsewhere in the 
     United Nations budget and cause the United Nations to exceed 
     its no growth budget for the biennium 1996-1997 adopted in 
     December, 1995. The House bill contained a proviso 
     withholding one-half of the proposed contingent funding for 
     this account until the Secretary of State certified that the 
     United Nations had taken no action to cause it to exceed its 
     no growth budget for the biennium 1996-1997 adopted in 
     December, 1995. The Senate bill contained no provision on 
     this matter.
       From within the funds provided under this heading, funding 
     is to be provided at the full fiscal year 1996 request level 
     to the International Atomic Energy Agency, the World Trade 
     Organization, the North Atlantic Treaty Organization, and the 
     related North Atlantic Assembly. Funding is also provided at 
     the full fiscal year 1996 request level to the United Nations 
     to fully fund the United States commitment at the 25 percent 
     assessment rate provided that the certifications that it is 
     not overspending its no-growth budget are made. No funds are 
     to be provided to the United Nations Industrial Development 
     Organization, the Inter-American Indian Institute, the Pan 
     American Railway Congress Association, the Permanent 
     International Association of Road Congresses, and the 
     World Tourism Organization. Should the requested funding 
     level, which is provided in this conference agreement, 
     fall short of actual assessments, the shortfall should be 
     allocated among the remaining organizations and be 
     prioritized according to the importance of each 
     international organization to the national interest of the 
     United States.


        contributions for international peacekeeping activities

       The conference agreement includes $359,000,000 for 
     Contributions for International Organizations, compared with 
     $225,000,000 and an additional $2,000,000 in contingent 
     appropriations in the House bill, and $225,000,000 and an 
     additional $215,000,000 in contingent appropriations in the 
     Senate bill.
       In addition, the conference agreement includes a technical 
     correction in language included in the conference report on 
     H.R. 2076, as proposed in both the House and Senate versions 
     of H.R. 3019.
       The conference agreement retains the limitations on 
     expenditure of these funds, as contained in both the House 
     and Senate bills and the conference report on H.R. 2076.

                            RELATED AGENCIES

                  Arms Control and Disarmament Agency


                arms control and disarmament activities

       The conference agreement includes $38,700,000, instead of 
     $35,700,000, as proposed by the Senate, and $32,700,000, as 
     proposed by the House.

                    United States Information Agency


               educational and cultural exchange programs

       The conference agreement does not include bill language 
     proposed by the Senate to provide $1,800,000 to the Mike 
     Mansfield Fellowship Program. The House bill contained no 
     provision on this matter.
       While the conferees have not included the language proposed 
     by the Senate, they have agreed that the USIA shall disburse 
     funds in the amount of $1,800,000 to the Mansfield Center for 
     Pacific Affairs to cover the Center's costs in fully 
     implementing the Mike Mansfield Fellowships including the 
     posting of seven 1995 fellows and their immediate families in 
     Japan in order that the fellows may work in a Japanese 
     government agency for one year, preparation and training for 
     ten 1996 fellows, the recruitment and selection of the ten 
     1997 fellows, and attendant administrative costs.

      General Provisions--Department of State and Related Agencies

       Sec. 405. The conference agreement provides a full-year 
     waiver of the limitation on operations of the Department of 
     State, the U.S. Information Agency, and the Arms Control and 
     Disarmament Agency in the absence of an authorization, as 
     proposed in the Senate bill. The House bill included a waiver 
     until April 1, 1996.
       The conference agreement does not include a provision, 
     included in the Senate bill as section 407, to extend the 
     authorization for the Au Pair program through the year 1999. 
     The House bill contained no similar provision. This provision 
     is not required, because a free-standing two-year 
     authorization for the program has been enacted into law (P.L. 
     104-72).
       Sec. 407.--The conference agreement includes language, as 
     provided in both the House and Senate bills, to allow the 
     Eisenhower Exchange Fellowship Program to use one-third of 
     earned but unused trust income each year for three years 
     beginning in fiscal year 1996.
       Sec. 410.--The conference agreement includes a provision 
     authorizing continuing contract authority for the 
     construction of a USIA international broadcasting facility on 
     Tinian, Commonwealth of the Northern Mariana Islands, as 
     proposed by the Senate bill. The House bill contained no 
     similar provision.
       The conferees agree that prior to the award of a contract 
     for this facility, USIA is required to submit a final plan 
     for this facility, including expected cost, construction 
     time, funding requirements, and expected utilization of the 
     facility, according to the standard reprogramming 
     requirements of the Committees on Appropriations of the House 
     and the Senate, the House International Relations Committee, 
     and the Senate Foreign Relations Committee.
       Sec. 411.--The conference agreement includes language 
     proposed in section 3010 of the Senate bill relating to the 
     Arms Control and Disarmament Agency that makes unexpended 
     carryover appropriated in fiscal year 1995 for activities 
     related to the implementation of the Chemical Weapons 
     Convention available for ACDA operations. The House bill 
     contained no provision on this issue.

                            RELATED AGENCIES

                     Competitiveness Policy Council


                         salaries and expenses

       The conference agreement includes $50,000 for the 
     Competitiveness Policy Council instead of $100,000 as 
     proposed by the Senate and no funding as proposed by the 
     House. The conference agreement also includes language 
     stating that this is the final Federal payment to the 
     Council. As a result, the conferees expect the Council to use 
     the remaining funds to proceed with the orderly termination 
     of the Council.

                   Federal Communications Commission


                         salaries and expenses

       The conference agreement provides $185,709,000 in total 
     resources for the Federal Communications Commission, 
     $10,000,000 more than provided in the conference report on 
     H.R. 2076 and in the House bill, and $10,000,000 less than 
     provided in the Senate bill. The additional $10,000,000 over 
     the House bill is to be derived from increased fees and is 
     being provided to the Commission to cover costs associated 
     with implementation of the Telecommunications Act of 1996.
       The conference agreement also includes bill language 
     revisions to the FCC fee schedule relating to ten specific 
     television broadcasting fee categories, as proposed in the 
     Senate bill. The House bill contained no similar provision.
       The conference agreement includes language, not in either 
     the House or Senate bill, to allow the Federal Communications 
     Commission to address an issue that appears to present unique 
     circumstances that require immediate attention. WQED, which 
     operates two non-commercial stations in Pittsburgh, 
     Pennsylvania, has indicated it is in financial difficulty, 
     and is seeking the opportunity to obtain a determination on 
     an expedited basis as to whether it could convert one of its 
     stations to a commercial station and then assign the license 
     for the station, using the proceeds to relieve its financial 
     difficulties. The language included in the conference report 
     addresses this situation by assuring speedy consideration of 
     the issue by the FCC. The language requires the FCC to make a 
     determination on a petition submitted by WQED within 30 days, 
     and gives the FCC the authority to provide WQED the relief it 
     is seeking as one of the options that the FCC can consider in 
     making its determination.
       The Conference agreement does not include language proposed 
     in the Senate bill requiring the FCC to pay the travel-
     related expenses of the Federal-State Joint Board on 
     Universal Service, but the conferees expect that these 
     expenses will be covered within the additional resources 
     provided by the agreement. The House bill contained no 
     similar provision.

                       Legal Services Corporation


               payment to the legal services corporation

       The conference agreement provides $278,000,000 for the 
     Legal Services Corporation, as proposed by the House, instead 
     of $300,000,000 as proposed by the Senate. In addition, the 
     conference agreement does not include $9,000,000 in 
     additional contingent appropriations, as proposed by the 
     Senate under title IV of the Senate bill.
       Within the total amounts provided, the conferees agree that 
     the funds should be distributed as follows: (1) $269,400,000 
     for basic field programs and required independent audits 
     carried out in accordance with section 509; (2) $1,500,000 
     for the Office of Inspector General; and (3) $7,100,000 for 
     management and administration. The conferees are aware that 
     the Legal Services Corporation has recently identified 
     $400,000 in prior year carryover funds. The conferees expect 
     the Committees on Appropriations of the House and Senate to 
     be notified prior to any further expenditure of these funds 
     in accordance with section 605 of this Act. The conference 
     agreement does not include language, proposed by the Senate, 
     for payment of attorneys fees for a specific civil action.
       The Legal Services Corporation historically has distributed 
     funding for basic field programs (for all eligible clients) 
     on an equal figure per poor person based on the 1990 census, 
     with an exception that adjusts the formula for certain 
     isolated states and territories. The conferees are encouraged 
     that the Corporation has worked expeditiously to distribute 
     funding on a competitive award basis, and urge the 
     Corporation to continue implementation of the system that has 
     been

[[Page H3950]]

     developed to continue providing grants to all eligible 
     populations.


         administrative provisions--legal services corporation

       The conference agreement includes language proposed by the 
     Senate under section 504 to provide an exception to the 
     prohibition contained therein that would permit recipients of 
     LSC grants to use funds derived from non-Federal sources to 
     comment on public rulemakings or to respond to a written 
     request for information or testimony from a governmental 
     body, 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. The House bill contained no similar 
     exception to the prohibition contained in the bill.
       The conference agreement corrects a code citation in 
     section 504(a)(10)(c), as proposed in the Senate bill. The 
     House bill contained the code citation provided in the 
     conference report on H.R. 2076.
       The conference agreement includes language under section 
     508 to allow for the collection of attorneys fees for cases 
     or matters pending prior to enactment of this Act. This 
     provision does not allow the collection of attorneys fees for 
     any new or additional claim or matter not initiated prior to 
     enactment of this Act. Neither the House nor Senate bill 
     contained a provision on this matter.
       The conference agreement makes a modification to language 
     included in section 508 in both the House and Senate bills to 
     provide for a limited transition time for LSC grantees to 
     dispose of pending cases and matters initiated prior to 
     enactment of this Act, which would now be prohibited under 
     this Act. The agreement provides LSC grantees until August 1, 
     1996 to dispose of all such cases.
       The conference agreement contains modifications to language 
     in section 509 proposed by the Senate related to the 
     procedures by which LSC grantees are audited and the manner 
     in which recipients contract with licensed independent 
     certified public accountants for financial and compliance 
     audits. Also included are modifications to language proposed 
     by the Senate to clarify that only the Office of the 
     Inspector General shall have oversight responsibility to 
     ensure the quality and integrity of the financial and 
     compliance audit process. Language is also included, as 
     proposed by the Senate, to clarify the Corporation 
     management's duties and responsibilities to resolve 
     deficiencies and non-compliance reported by the Office of the 
     Inspector General. Further, language is included, as proposed 
     by the Senate, authorizing the Office of the Inspector 
     General to conduct additional on-site monitoring, audits, and 
     inspections necessary for programmatic, financial and 
     compliance oversight. The House bill contained the provisions 
     included in the conference report on H.R. 2076.

                      Ounce of Prevention Council

       The conference agreement includes $1,500,000 for the Ounce 
     of Prevention Council as proposed by the Senate. The House 
     bill did not include funding for this organization.

                           GENERAL PROVISIONS

       Sec. 609. The conference agreement includes a general 
     provision prohibiting use of funds to pay for expansion of 
     diplomatic or consular operations in Vietnam unless the 
     President certifies within 60 days that Vietnam is 
     cooperating in full faith with the U.S. on POW/MIA issues. 
     The conference report on H.R. 2076 and the House bill 
     contained a provision prohibiting use of funds unless the 
     President certifies that Vietnam is fully cooperating with 
     the U.S. on these issues. The Senate bill did not include a 
     provision on this matter.
       Sec. 616-617. The conference agreement includes two 
     provisions clarifying the relationship of provisions in the 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies appropriations bill to several full-year provisions 
     provided in previous continuing resolutions and the Balanced 
     Budget Downpayment Act, I.
       The Senate bill included a provision repealing the section 
     of the Balanced Budget Downpayment Act, I that set out the 
     operating rates for programs funded under the Commerce, 
     Justice, and State the Judiciary, and Related Agencies 
     appropriations bill.
       The House bill included a provision, section 105, that 
     addressed the relationship of the provisions of this bill to 
     previous year 1996 appropriations measures for all the 
     appropriations bills included in H.R. 3019.

                              RESCISSIONS

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


            acquisition and maintenance of buildings abroad

                              (rescission)

       The conference agreement includes a rescission of 
     $64,500,000 from balances in the Acquisition and Maintenance 
     of Buildings Abroad account, compared with a rescission of 
     $60,000,000 included in the conference report on H.R. 2076 
     and proposed in the House bill and a rescission of 
     $95,500,000 proposed in the Senate bill.

            DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES

       Section 101(c) provides fiscal year 1996 appropriations for 
     the Department of the Interior and Related Agencies which are 
     effective upon enactment of this Act as if it had been 
     enacted into law as the regular appropriations Act.
       The conference agreement on section 101(c) incorporates 
     many of the provisions of the conference agreement on H.R. 
     1977, House Report 104-402. Report language and allocations 
     set forth in the conference agreement on H.R. 1977 that are 
     not changed by the conference agreement on section 101(c) of 
     H.R. 3019 are approved by the committee of conference. The 
     report language and allocations adopted by the conference 
     agreement on H.R. 1977 are unchanged unless expressly 
     provided herein.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   management of lands and resources

       $567,453,000 is appropriated for Management of Lands and 
     Resources instead of $568,062,000 as proposed by the 
     conference agreement on H.R. 1977. The change from the 
     earlier agreement is a decrease of $609,000 for headquarters 
     administration.
       Bill Language. Language restricting the use of funds for 
     the Mojave National Preserve in California has been deleted. 
     This issue is dealt with in more detail in section 119 of 
     this Act under the heading General Provisions, Department of 
     the Interior.


                       payments in lieu of taxes

       $113,500,000 is appropriated for Payments in Lieu of Taxes 
     instead of $101,500,000 as proposed by the conference 
     agreement on H.R. 1977.


                   oregon and california grant lands

       $97,452,000 is appropriated for Oregon and California Grant 
     Lands instead of $93,379,000 as proposed by the conference 
     agreement on H.R. 1977. The change from the earlier agreement 
     is an increase of $4,073,000 for collocation of the Oregon 
     State office of the Bureau of Land Management with the 
     Pacific northwest regional office of the Forest Service.

                United States Fish and Wildlife Service


                          resource management

       $501,010,000 is appropriated for Resource Management 
     instead of $497,943,000 as proposed by the conference 
     agreement on H.R. 1977. Changes from the earlier agreement 
     include a decrease of $183,000 for headquarters 
     administration and an increase of $3,250,000 for the 
     endangered species program.
       The managers understand that the Service has been directed 
     by the U.S. district court for the western district of 
     Washington to finalize critical habitat designation for the 
     marbled murrelet by May 15, 1996 and that the Department of 
     Justice has filed a motion to stay enforcement of the order. 
     The managers expect the Service, to the extent it proceeds 
     with the critical habitat designation process for the marbled 
     murrelet, to consider carefully the concerns of all 
     interested parties including the States and private 
     landowners. Potential economic impacts on private landowners 
     should be fully evaluated and, to the extent practicable, 
     every attempt should be made to ameliorate adverse impacts 
     and use Federal lands in establishing critical habitat. If 
     the May 15 deadline remains in effect and proves to be 
     unrealistic, the Service should so notify the court and 
     petition for an extension.
       Bill Language. Language has been included placing a 
     moratorium on the use of funds by the Secretaries of the 
     Interior and Commerce for endangered species listing 
     activities, except for delisting, reclassification and 
     emergency listings. An earmark of $4 million is included for 
     those activities not subject to the moratorium. The managers 
     have also provided authority to the President to suspend the 
     moratorium if he determines that such a suspension is 
     appropriate based on public interest in sound environmental 
     management, sustainable resource use, protection of national 
     or local interests or protection of cultural, biological or 
     historic resources. Any such suspension must be reported to 
     the Congress.

                         National Park Service


                 operation of the national park system

       $1,082,481,000 is appropriated for Operation of the 
     National Park System instead of $1,083,151,000 as proposed by 
     the conference agreement on H.R. 1977. The change to the 
     previous agreement is a decrease of $670,000 for headquarters 
     administration.
       The managers understand that the Service and the Federal 
     Highway Administration are in the process of realigning and 
     widening the 15th Street corridor at Raoul Wallenberg Place 
     in Washington, DC. The managers are aware of concerns that 
     this effort will have a negative impact on the size and 
     quality of the sports field located across the street from 
     the Holocaust Memorial Museum. The managers expect the 
     Service to provide an assessment to the House and Senate 
     Committees on Appropriations on the impact the construction 
     of this corridor will have on said field including any 
     alterations to the current size and quality of the playing 
     area and an estimate of the length of time the field will 
     remain unusable for sporting events. This assessment 
     should also include a cost estimate for (1) preservation 
     or realignment of the field needed to allow sports 
     activities to continue; (2) leveling of the field and 
     repair of the field's surface with new grass; and (3) 
     annual maintenance of the field. This assessment should be 
     completed as expeditiously as possible.
       Bill Language. Language restricting the use of funds for 
     the Mojave National Preserve in California has been deleted. 
     This issue is dealt with in more detail in section 119 of 
     this Act under the heading General Provisions, Department of 
     the Interior.

[[Page H3951]]

                              construction

       The managers on the part of the House do not agree with the 
     Senate position, expressed in a colloquy during Senate debate 
     on H.R. 3019, with respect to the Natchez Trace Parkway.

                    Untied States Geological Survey


                 surveys, investigations, and Research

       $730,163,000 is appropriated for Surveys, Investigations, 
     and Research instead of $730,503,000 as proposed by the 
     conference agreement on H.R. 1977. The change from the 
     earlier agreement is a decrease of $340,000 for headquarters 
     administration.
       The managers agree that, within the funds provided for 
     natural resources research in the State of Florida, the 
     Survey should maintain the same level of funding as was 
     provided in fiscal year 1995 by the National Biological 
     Service for manatee research as part of the Sirenia Project.

                      Minerals Management Service


                royalty and offshore minerals management

       $182,555,000 is appropriated for Royalty and Offshore 
     Minerals Management instead of $182,994,000 as proposed by 
     the conference agreement on H.R. 1977. The change from the 
     earlier agreement is a decrease of $439,000 for headquarters 
     administration.

                        Bureau of Indian Affairs


                      operation of indian programs

       Bill Language. Language is included to permit the use of 
     prior year unobligated balances for employee severance, 
     relocation, and related expenses until September 30, 1996 
     instead of March 30, 1996 as proposed by the conference 
     agreement on H.R. 1977.

                          Departmental Offices

                        Departmental Management


                         salaries and expenses

       $56,912,000 is appropriated for Salaries and Expenses 
     instead of $57,796,000 as proposed by the conference 
     agreement on H.R. 1977. The change from the earlier agreement 
     is a decrease of $884,000 for headquarters administration in 
     the departmental direction account. Because it is halfway 
     through the fiscal year, the managers agree that maximum 
     flexibility is permitted in allocating this reduction within 
     that account.

                        Office of the Solicitor


                         salaries and expenses

       $34,427,000 is appropriated for Salaries and Expenses 
     instead of $34,608,000 as proposed by the conference 
     agreement on H.R. 1977. The change from the earlier agreement 
     is a decrease of $181,000 for headquarters administration.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

       Lanaguage is included in section 119 on the management of 
     the Mojave National Preserve. The managers have agreed to 
     remove the statutory restrictions on the National Park 
     Service and the Bureau of Land Management which were included 
     in the conference agreement on H.R. 1977. The Park Service, 
     under this provision, is permitted to manage the Preserve but 
     limited in its management practices to those ``historical 
     management practices'' of the Bureau of Land Management until 
     the Service has completed a conceptual management plan and 
     received approval of that plan from the House and Senate 
     Committees on Appropriations. The provision also limits 
     operating funds to $1,100,000 unless approval for an 
     additional amount is obtained from the House and Senate 
     Committees on Appropriations. The managers agree that this 
     provision will expire on September 30, 1996. The managers 
     have also provided authority to the President to suspend the 
     restrictions in section 119 if he determines that such a 
     suspension is appropriate based on public interest in sound 
     environmental management, sustainable resource use, 
     protection of national or local interests or protection of 
     cultural, biological or historic resources. Any such 
     suspension must be reported to the Congress.

                       TITLE II--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                       state and private forestry

       $136,884,000 is appropriated for State and Private Forestry 
     instead of $136,794,000 as proposed by the conference 
     agreement on H.R. 1977. The change from the earlier agreement 
     is an increase of $90,000 for collocation of the Oregon State 
     office of the Bureau of Land Management with the Pacific 
     northwest regional office of the Forest Service.
       Bill Language. Earmarks $200,000 as proposed by the Senate, 
     for a grant to the World Forestry Center for research on land 
     exchange efforts in the Umpqua River Basin Region in Oregon.


                         national forest system

       $1,257,057,000 is appropriated for the National Forest 
     System instead of $1,256,253,000 as proposed by the 
     conference agreement on H.R. 1977. The change from the 
     earlier agreement is an increase of $804,000 for collocation 
     of the Oregon State office of the Bureau of Land Management 
     with the Pacific northwest regional office of the Forest 
     Service.
       Bill Language. The managers have not agreed to a specific 
     dollar limitation on travel expenses within the National 
     Forest System as proposed by the Senate.


                              construction

       $163,600,000 is appropriated for Construction instead of 
     $163,500,000 as proposed by the conference agreement on H.R. 
     1977. The change from the earlier agreement is an increase of 
     $100,000 for collocation of the Oregon State office of the 
     Bureau of Land Management with the Pacific northwest regional 
     office of the Forest Service.
       Bill Language. Language has been included to permit the 
     transfer of trail construction funds, appropriated in fiscal 
     year 1995 for the construction of the Columbia Gorge 
     Discovery Center, to the group titled the ``Non-Profit 
     Citizens for the Columbia Gorge Discovery Center'', as 
     proposed by the Senate.


                            land acquisition

       $39,400,000 is appropriated for Land Acquisition instead of 
     $41,200,000 as proposed by the conference agreement on H.R. 
     1977, a reduction of $1,800,000 below the earlier agreement, 
     including decreases of $1,700,000 for Federal land 
     acquisition and $100,000 for acquisition management. The 
     managers are very concerned that the Service has proceeded 
     with specific land acquisitions this year without the 
     approval of the House and Senate appropriations committees, 
     and bill language has been included requiring the Service to 
     obtain the approval of the committees before proceeding with 
     any further land acquisitions in fiscal year 1996.


                southeast alaska economic disaster fund

       $110,000,000 is appropriated for the Southeast Alaska 
     Economic Disaster Fund. No funds were provided for this new 
     account in the conference agreement on H.R. 1977. These funds 
     are provided for grants to communities affected by the 
     declining timber program on the Tongass National Forest. This 
     issue is discussed in more detail in section 325 of Title 
     III--General Provisions.


               administrative provisions, forest service

       The Tongass National Forest provisions addressed under this 
     heading in the conference agreement on H.R. 1977 have been 
     moved to section 325 under Title III--General Provisions.

                          DEPARTMENT OF ENERGY


                 fossil energy research and development

       $417,018,000 is appropriated for Fossil Energy Research and 
     Development instead of $417,169,000 as proposed by the 
     conference agreement on H.R. 1977. The change from the 
     earlier agreement is a decrease of $151,000 for headquarters 
     administration.
       The managers understand that the fiscal year 1997 budget 
     will reflect the transfer of the health and safety research 
     programs of the Bureau of Mines to the National Institute for 
     Occupational Safety and Health (NIOSH) in the Department of 
     Health and Human Services. The managers encouraged such a 
     transfer in the fiscal year 1996 conference agreement on H.R. 
     1977 and see no reason to delay the transfer. The managers 
     strongly encourage the Department of Energy to enter into an 
     interagency agreement with NIOSH for the fiscal year 1996 
     funding. In determining the allocation of funds for the 
     transferred functions, the managers expect the DOE and NIOSH 
     to consider the concerns of all interested parties, including 
     industry and labor. The managers also expect the agencies to 
     recognize the importance of maintaining a health and safety 
     research presence in the East and in the West.


                          energy conservation

       $553,189,000 is appropriated for Energy Conservation 
     instead of $553,293,000 as proposed by the conference 
     agreement on H.R. 1977. The change from the earlier agreement 
     is a decrease of $104,000 for headquarters administration.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service


                         indian health services

       Bill Language. The managers have not agreed to earmark 
     funds for inhalant abuse treatment programs as proposed by 
     the Senate. The managers understand that the Indian Health 
     Service provides for both direct care and referrals for 
     adolescents afflicted with inhalant abuse problems and 
     encourage IHS to continue to refer patients, as 
     appropriate, for treatment of such abuse. The managers are 
     aware of the particular expertise of the Our Home Inhalant 
     Abuse Center, and encourage IHS to continue to refer 
     patients to this facility, as appropriate.

                         OTHER RELATED AGENCIES

                        Smithsonian Institution


                         salaries and expenses

       $311,188,000 is appropriated for Salaries and Expenses 
     instead of $308,188,000 as proposed by the conference 
     agreement on H.R. 1977. The change from the earlier agreement 
     is an increase of $3,000,000 for voluntary separation 
     incentive payments and other costs associated with employee 
     separations pursuant to the authority provided for employee 
     ``buy-outs'' in section 339 of this Act.

                     TITLE III--GENERAL PROVISIONS

       Section 314. Deletes the language dealing with the Interior 
     Columbia Basin Ecosystem Management Project proposed in the 
     conference agreement on H.R. 1977 and replaces it with a 
     limitation on the use of funds for implementing regulations 
     or requirements to regulate non-Federal lands with respect to 
     this project.
       Section 325. Bill language is included providing for a one-
     year moratorium on establishment of a new Tongass Land 
     Management Plan for the Tongass National Forest in southeast 
     Alaska. The moratorium would be in effect for one year after 
     the date of enactment of this Act rather than for two fiscal 
     years as proposed by the conference

[[Page H3952]]

     agreement on H.R. 1977. In amending or revising the current 
     plan, the Secretary may establish habitat conservation areas, 
     and impose any restriction or land use designations deemed 
     appropriate, so long as the number of acres in the timber 
     base and resulting allowable sale quantity is not less than 
     the amounts identified in the preferred alternative 
     (alternative P) in the October 1992 Tongass land and resource 
     management plan. The Secretary may implement compatible 
     standards and guidelines, as necessary, to protect habitat 
     and preserve multiple uses of the Tongass National Forest.
       The language has been augmented from the version included 
     in H.R. 1977 to address the Administration's concerns about 
     clearcutting. The provision makes it clear that nothing in 
     this section shall be interpreted as mandating clearcutting 
     or unsustainable timber harvesting. The language also makes 
     it clear that any revision, amendment, or modification shall 
     be based on research results obtained through the application 
     of the scientific method and sound, verifiable scientific 
     data. Data are sound, verifiable, and scientific only when 
     they are collected and analyzed using the scientific method. 
     The scientific method requires the statement of an hypothesis 
     capable of proof or disproof; preparation of a study plan 
     designed to collect accurate data to test the hypothesis; 
     collection and analysis of the data in conformance with the 
     study plan; and confirmation, modification, or denial of the 
     hypothesis based upon peer-reviewed analysis of the collected 
     data. The data used shall include information collected in 
     the southeast Alaska ecosystem.
       The section also includes language to allow certain timber 
     sales, that have cleared the National Environmental Policy 
     Act (NEPA) and the Alaska National Interest Lands 
     Conservation Act (ANILCA) review processes, to be awarded if 
     the Forest Service determines that additional analysis under 
     NEPA and ANILCA is not necessary.
       The managers have also provided authority to the President 
     to suspend the provisions mentioned above with respect to the 
     Tongass National Forest in Alaska if he determines that such 
     a suspension is appropriate based on public interest in sound 
     environmental management or protection of cultural, 
     biological or historic resources. Any such suspension must be 
     reported to the Congress. Language is included to clarify 
     that if the suspension is exercised, the duration of the 
     suspension would not exceed the period in which the 
     provisions of the section would otherwise be in effect.
       The managers are very concerned about the negative impacts 
     on the southeastern Alaska economy of a declining Federal 
     timber program on the Tongass National Forest. The managers 
     are aware of concerns that proposed modifications to the 
     Tongass Land Management Plan give insufficient attention to 
     the economic ramifications of a reduced timber sales program, 
     and urge the Administration to consider strongly the 
     socioeconomic impacts of its proposed alternatives. In 
     implementing this section, the Forest Service shall prepare a 
     city-by-city socioeconomic analysis of the effect of reducing 
     the suitable timber land base or timber sales levels on the 
     communities of southeast Alaska and on the potential of 
     restoring a timber economy in Wrangell and Sitka.
       To address these job losses and economic impacts, a new 
     southeast Alaska disaster assistance fund totaling $110 
     million has been established under the Forest Service. The 
     funds are provided as direct grants to the affected 
     communities to employ former timber workers and for community 
     development projects, and as direct payments in proportion to 
     the percentage of Tongass timber receipts realized by these 
     communities in fiscal year 1995.
       The grants are provided with broad authority for the 
     community to pursue economic and infrastructure development 
     projects that employ displaced timber workers. This fund is 
     intended to be an interim measure until while uncertainties 
     with the available timber supply are resolved and a timber 
     economy revitalized. The managers encourage the affected 
     communities to develop comprehensive plans for how they 
     intend to spend these funds.
       The managers strongly urge the Administration to comply 
     with the requirement of the Tongass Timber Reform Act to meet 
     ``market demand'' for timber sales on the Tongass. The 
     President may nevertheless choose to suspend this section.
       The managers agree that the availability of funds from this 
     new disaster assistance fund is contingent upon the President 
     executing the waiver authority. In the event legislation is 
     enacted in the future that increases the timber sales program 
     to meet market demand on the Tongass National Forest, it 
     would be the expectation of the managers that these funds 
     would be no longer available.
       Travel. The managers have not agreed to place a statutory 
     limit on the use of travel funds as proposed by the House. 
     The managers expect each agency under the jurisdiction of the 
     Interior and Related Agencies bill to monitor carefully 
     travel expenses and to avoid non-essential travel.
       Section 336. Inserts new language placing a moratorium on 
     the issuance of a final rulemaking on jurisdiction, 
     management and control over navigable waters in the State of 
     Alaska with respect to subsistence fishing. The moratorium is 
     for fiscal year 1996 rather than through May 15, 1997, as 
     proposed by the Senate. The managers are concerned that 
     recent court decisions place requirements on the Departments 
     of the Interior and Agriculture to assume management 
     authority in navigable waters and that such management could 
     cost each agency several millions of dollars annually. In an 
     era of declining budgets, this added burden would have an 
     adverse impact on other important programs. The managers urge 
     the State of Alaska and all parties involved to work toward 
     developing a viable, long term solution to the subsistence 
     problem. The solution should provide for State management of 
     fish and wildlife in Alaska while protecting those who depend 
     on subsistence resources.
       Employee Details. The managers have not agreed to place a 
     statutory limitation on the temporary detail of employees 
     within the Department of the Interior as proposed by the 
     House. The Department should continue to report quarterly on 
     the use of employee details and should not use such personnel 
     details to offset programmatic or administrative reductions.
       Section 337. Directs the Department of the Interior to 
     transfer to the Daughters of the American Colonists a plaque 
     in the possession of the National Park Service. The Park 
     Service currently has this plaque in storage and this 
     provision provides for its return to the organization that 
     originally placed the plaque on the Great Southern Hotel in 
     Saint Louis, Missouri in 1933 to mark the site of Fort San 
     Carlos.
       Section 338. Inserts new language requiring that funds 
     obligated for salaries and expenses of the Pennsylvania 
     Avenue Development Corporation and for international forestry 
     activities of the Forest Service be offset from other 
     specified sources upon enactment of this Act.
       Section 339. Provides one-time authority for the 
     Smithsonian Institution to offer early retirement 
     opportunities and retirement bonuses to employees through 
     October 1, 1996.
       Greens Creek Land Exchange. The managers have not agreed to 
     bill language, proposed by the Senate in Title III, section 
     3015 of the Senate passed version of H.R. 3019, which would 
     have incorporated the Greens Creek Land Exchange Act of 1996 
     into this Act. This legislation was signed into law (Public 
     Law 104-123) on April 1, 1996.

            DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES

       Agency Priorities. The managers have not agreed to 
     statutory language, proposed by the Senate in section 1203 of 
     Title II, chapter 12, which would have mandated the 
     allocation of emergency supplemental funds based on agency 
     prioritization processes. The managers understand that the 
     initial estimates of emergency requirements that have been 
     provided are based on very preliminary information and that 
     those initial estimates, because of time constraints, may not 
     have included every project which needs to be addressed. The 
     managers expect each agency to develop on-the-ground 
     estimates of all its natural disaster related needs and to 
     address these needs consistent with agency priorities.
       Contingent Appropriations. The availability of those 
     portions of the appropriations detailed in this chapter that 
     are in excess of the Administration's budget request for 
     emergency supplemental appropriations are contingent upon 
     receipt of a budget request that includes a Presidential 
     designation of such amount as emergency requirements as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended.

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                        construction and access

       An additional $5,000,000 in emergency supplemental 
     appropriations for Construction and Access is made available 
     as proposed by the Senate instead of $4,242,000 as proposed 
     by the House. Of this amount, $758,000 is contingent upon 
     receipt of a budget request that includes a Presidential 
     designation of such amount as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended.


                   oregon and california grant lands

       An additional $35,000,000 in emergency supplemental 
     appropriations for Oregon and California Grant Lands is made 
     available as proposed by the Senate instead of $19,548,000 as 
     proposed by the House. Of this amount, $15,452,000 is 
     contingent upon receipt of a budget request that includes a 
     Presidential designation of such amount as an emergency 
     requirement as defined in the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

                United States Fish and Wildlife Service


                          resource management

       An additional $1,600,000 in emergency supplemental 
     appropriations for Resource Management is made available as 
     proposed by the Senate instead of no funding as proposed by 
     the House. The entire amount is contingent upon receipt of a 
     budget request that includes a Presidential designation of 
     such amount as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.


                              construction

       An additional $37,300,000 in emergency supplemental 
     appropriations for Construction is made available as proposed 
     by the Senate instead of $20,505,000 as proposed by the 
     House. Of this amount, $16,795,000 is contingent upon receipt 
     of a budget request that includes a Presidential designation 
     of such amount as an emergency requirement as defined in the

[[Page H3953]]

     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.
       The managers have neither agreed to bill language, proposed 
     by the Senate, earmarking specific funds for Devils Lake, ND 
     nor to report language earmarking funds for other locations. 
     The Service should carefully consider the needs at Devils 
     Lake, ND and at Kenai, AK as it allocates funds.

                         National Park Service


                              construction

       An additional $47,000,000 in emergency supplemental 
     appropriations for Construction is made available as proposed 
     by the Senate instead of $33,601,000 as proposed by the 
     House. Of this amount, $13,399,000 is contingent upon receipt 
     of a budget request that includes a Presidential designation 
     of such amount as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                    United States Geological Survey


                 surveys, investigations, and research

       An additional $2,000,000 in emergency supplemental 
     appropriations for Surveys, Investigations, and Research is 
     made available as proposed by the Senate instead of 
     $1,176,000 as proposed by the House. Of this amount, $824,000 
     is contingent upon receipt of a budget request that includes 
     a Presidential designation of such amount as an emergency 
     requirement as defined in the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

                        Bureau of Indian Affairs


                      operation of indian programs

       An additional $500,000 in emergency supplemental 
     appropriations for the Operation of Indian Programs is made 
     available as proposed by the House and by the Senate.


                              construction

       An additional $16,500,000 in emergency supplemental 
     appropriations for Construction is made available as proposed 
     by the Senate instead of $9,428,000 as proposed by the House. 
     Of this amount, $7,072,000 is contingent upon receipt of a 
     budget request that includes a Presidential designation of 
     such amount as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                 Territorial and International Affairs


                       assistance to territories

       An additional $13,000,000 in emergency supplemental 
     appropriations for Assistance to Territories is made 
     available as proposed by the Senate instead of $2,000,000 as 
     proposed by the House. Of this amount, $11,000,000 is 
     contingent upon receipt of a budget request that includes a 
     Presidential designation of such amount as an emergency 
     requirement as defined in the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                         national forest system

       An additional $26,600,000 in emergency supplemental 
     appropriations for the National Forest System is made 
     available as proposed by the Senate instead of $20,000,000 as 
     proposed by the House. Of this amount $6,600,000 is 
     contingent upon receipt of a budget request that includes a 
     Presidential designation of such amount as an emergency 
     requirement as defined in the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.
       The managers have not agreed to bill language, proposed by 
     the Senate, earmarking specific funds for the Amalgamated 
     Mill site in the Willamette National Forest, OR. The Service 
     should carefully consider the needs at this site as it 
     allocates funds.


                              construction

       An additional $60,800,000 in emergency supplemental 
     appropriations for Construction is made available as proposed 
     by the Senate instead of $60,000,000 as proposed by the 
     House. Of this amount, $20,800,000 is contingent upon receipt 
     of a budget request that includes a Presidential designation 
     of such amount as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

Appropriations for the Departments of Labor, Health and Human Services 
                   and Education and Related Agencies

       Section 101(d) of H.R. 3019 provides appropriations for 
     programs, projects and activities in the Departments of 
     Labor, Health and Human Services and Education and Related 
     Agencies Appropriations Act, 1996. In implementing this 
     agreement, the departments and agencies should comply with 
     the language and instructions set forth in House report 104-
     209 and Senate reports 104-145 and 104-236. In those cases 
     where this language and instruction specifically addresses 
     the allocation of funds which parallels the funding levels 
     specified in the Congressional budget justifications 
     accompanying the fiscal year 1996 budget or the underlying 
     authorizing statute, the conferees concur with those 
     recommendations. With respect to the provisions in the above 
     House and Senate reports that specifically allocate funds 
     that are not allocated by formula in the underlying statute 
     or identified in the budget justifications, the conferees 
     have reviewed each and have included those in which they 
     concur in this joint statement.
       None of the appropriations provided herein are contingent 
     upon any subsequent actions by the Congress or the President.
       The Departments of Labor, Health and Human Services and 
     Education and Related Agencies Appropriations Act, Fiscal 
     Year 1996, put in place by this bill, incorporates the 
     following agreements of the managers:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration


                    training and employment services

       The conference agreement includes $4,146,278,000, instead 
     of $3,108,978,000 as proposed by the House and $4,322,278,000 
     as proposed by the Senate. The agreement includes 
     $625,000,000 for the summer youth employment program, instead 
     of $635,000,000 as proposed by the Senate and no funding as 
     proposed by the House.
       The conference recognizes that in many high unemployment 
     and high poverty areas, the number of low-income youth 
     seeking summer employment far exceeds the number of job 
     opportunities. The conference also recognizes, however, that 
     the current federally-funded summer jobs program has not 
     lived up to its potential for providing meaningful work 
     experience and teaching solid job skills to such youth. The 
     conference is also aware that the relevant authorizing 
     committees are developing job training reform legislation to 
     consolidate over 90 separate programs and to block grant 
     funds and authority to States and localities. The conference, 
     therefore, considers funds for the fiscal year 1996 summer 
     jobs program to be transition funding--in future years to be 
     folded into the new consolidated block grants for at-risk 
     youth. Governors and localities will have considerable 
     flexibility to use these funds in subsequent years to develop 
     meaningful programs for at-risk youth that teach youngsters 
     job skills in demand and sound work habits; that are closely 
     linked to the needs of employers; and that offer integrated 
     work and academic learning opportunities to youth who 
     demonstrate a willingness to learn and responsible 
     behavior.
       The agreement includes an amount of $2,500,000 for the 
     fiscal year 1996 Paralympic Games, instead of $5,000,000 as 
     proposed in the House and Senate bills. These funds will be 
     used by the organizer of the games for the following 
     activities prior to, during, and immediately following the 
     games: (1) training and employment costs of volunteers 
     working in the games; (2) training and staff costs for the 
     days of the games; (3) training and travel for officials of 
     the games. The grantee shall provide such information as 
     shall be required by the Department of Labor, including a 
     detailed statement of work and budget, and financial reports 
     providing a breakout of the costs of the activities performed 
     under the grant. The conferees have also provided funding for 
     the Paralympic Games in the Department of Education and in 
     the Social Security Administration.
       The agreement includes language to permit service delivery 
     areas to transfer funds between titles II-B and II-C of the 
     Job Training Partnership Act, with the approval of the 
     Governor of the State. The House and Senate bills only 
     permitted the transfer to take place from title II-C to title 
     II-B. In addition, the agreement permits the transfer of 
     funds between title II-A and title III of the Act as proposed 
     by the Senate, instead of permitting the transfer of funds 
     between all title II programs and title III as proposed by 
     the House.
       It is the intent of the conferees that in committing 
     National Reserve account funds appropriated under title III 
     of the Job Training Partnership Act, the Secretary of Labor 
     encourage Governors to contract, where possible, with the 
     private sector for the provision of outplacement services to 
     Federal employees seeking employment in the private sector.
       The conferees have included funds to continue the National 
     Occupational Information Coordinating Committee (NOICC) and 
     its affiliated State committees during the anticipated 
     transition to a new administrative structure proposed in 
     pending authorizing legislation and urge that the Departments 
     of Labor and Education rely on NOICC advice and personnel 
     during this transition.
       The conference agreement for the Job Training Partnership 
     Act pilots and demonstrations maintains the current level for 
     the Microenterprise Grants program and the American Samoan 
     employment and training program, and includes the level 
     recommended in the Senate report accompanying H.R. 2127 for 
     an industrial employment program for the disabled.


            community service employment for older americans

       The conference agreement includes $373,000,000, instead of 
     $350,000,000 as proposed by both the House and the Senate. 
     The agreement earmarks 22 percent of the funds for the States 
     and 78 percent for national contractors as proposed by the 
     Senate, instead of 35 percent for the States and 65 percent 
     for the contractors as proposed by the House.


     state unemployment insurance and employment service operations

       The conference agreement includes $110,000,000 for the one-
     stop career centers program as proposed by the Senate, 
     instead of $92,000,000 as proposed by the House.


        payments to the unemployment trust fund and other funds

                              (rescission)

       The conference agreement rescinds $266,000,000 from this 
     account as proposed by the Senate, instead of $250,000,000 as 
     proposed by the House.

[[Page H3954]]

                  Employment Standards Administration


                         salaries and expenses

       The conference agreement includes $266,644,000, instead of 
     $255,734,000 as proposed by the House and the Senate.

             Occupational Safety and Health Administration


                         salaries and expenses

       The conference agreement includes $304,984,000, instead of 
     $280,000,000 as proposed by the House and $288,985,000 as 
     proposed by the Senate.
       It is the intent of the conferees that the Occupational 
     Safety and Health Administration give high priority to 
     effective voluntary cooperative efforts such as the Voluntary 
     Protection Program.

                        Departmental Management


                         salaries and expenses

       The conference agreement includes $141,350,000, instead of 
     $136,300,000 as proposed by the House and $140,380,000 as 
     proposed by the Senate. Additional funding is provided to 
     avoid lengthy staff furloughs in the Benefits Review Board.
       The conferees have provided $8,900,000 for the Bureau of 
     International Labor Affairs. This amount includes full 
     funding for activities to combat international child labor 
     problems as outlined in the Senate report on H.R. 2127.
       The conferees understand that there is some question 
     concerning the funding level for ILAB needed to avoid 
     personnel furloughs. The conferees reiterate that they have 
     provided transfer authority to the Secretary to deal with 
     such exigencies and encourage him to propose reprogramming of 
     funds if necessary to avoid furloughs.
       In addition, the agreement includes language proposed by 
     the Senate to restrict certain activities of the Office of 
     the Solicitor and the Benefits Review Board with respect to 
     cases under the Longshore and Harbor Workers' Compensation 
     Act. The language provides that if the Board, prior to 
     September 12, 1996, fails to act on any Longshore decision 
     that has been appealed to it and has been pending before it 
     for more than 12 months, the decision shall be considered 
     affirmed by the Board on that date and shall be considered 
     the final order of the Board for purposes of obtaining a 
     review in the U.S. Courts of Appeal. Further, beginning on 
     September 13, 1996, the Board shall decide all appeals under 
     the Longshore Act not later than one year after the appeal 
     was filed; if the Board fails to do so, then the decision 
     shall be considered the final order of the Board for purposes 
     of obtaining a review in the U.S. Courts of Appeal. The 
     petitioner has the option to continue the proceeding before 
     the Board for a period of 60 days; if no decision is made 
     during that time, the decision shall be considered the final 
     order of the Board for purposes of obtaining a review in the 
     U.S. Courts of Appeals. The House bill had no similar 
     provision. The language is not applicable to the review of 
     any decisions under the Black Lung Benefits Act.
       The conferees intend that, to the extent possible, funding 
     for technical assistance and training for local displaced 
     homemaker programs should not be reduced by more than the 
     overall percentage reduction for the Women's Bureau.
       The conferees support the ongoing efforts to rid the 
     International Brotherhood of Teamsters of organized crime 
     influence pursuant to the consent decree. Consistent with 
     direction provided in both the House and Senate committee 
     reports on the fiscal year 1996 appropriations bill, the 
     conferees provide that up to $5,600,000 of the amounts 
     available for obligation to the Department of Labor during 
     fiscal year 1996 may be allocated for this purpose, subject 
     to normal reprogramming requirements of the committees.
       The conferees have agreed to include a fund transfer 
     provision (section 103) to give the Department more 
     flexibility in managing its appropriations. However, the 
     continuation of this provision in the future will depend on 
     the Department's achieving and maintaining audited financial 
     statements in accordance with the Chief Financial Officers 
     Act of 1990 and Office of Management and Budget Bulletin No. 
     93-06.

                           General Provisions

       The conference agreement includes a general provision 
     proposed by the House modified to set aside section 427(c) of 
     the Job Training Partnership Act in cases where a Job Corps 
     center does not meet national performance standards 
     established by the Secretary. The Senate bill had no similar 
     provision. Section 427(c) prohibits the Department of Labor 
     from contracting with a private contractor to operate a Job 
     Corps civilian conservation center.
       The conference agreement includes a general provision as 
     proposed by the Senate modified to prohibit the Occupational 
     Safety and Health Administration and the State programs that 
     operate with Federal funds from promulgating or issuing any 
     proposed or final standard or guideline with respect to 
     ergonomic protection but permits the agency to conduct any 
     peer-reviewed risk assessment activity regarding ergonomics. 
     The House bill would have also prohibited the development of 
     any standard or guideline and the recording and reporting of 
     any occupational injuries and illnesses related to ergonomic 
     protection.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     health resources and services

       The conference agreement appropriates $3,077,857,000 
     instead of $3,052,752,000 as proposed by the House and 
     $2,954,864,000 in regular funding and $55,256,000 in 
     contingency funding as proposed by the Senate.
       The conference agreement includes the legal citation for 
     the Native Hawaiian Health Care program as proposed by the 
     Senate. The House bill did not include the citation. The 
     conferees have increased funding for the consolidated health 
     centers line so that health care activities funded under the 
     Native Hawaiian Health Care program can be supported under 
     the broader health centers line if the agency feels it is 
     appropriate.
       The conference agreement includes an additional $62,700,000 
     over fiscal year 1995 for title II of the Ryan White AIDS 
     CARE Act for a total funding level of $260,847,000. The House 
     bill included an increase of $52,000,000 over the fiscal year 
     1995 level. The Senate amendment provided the additional 
     $52,000,000 but as part of its contingent funding section. 
     The conference agreement incorporates bill language in the 
     Senate amendment that would make clear that the $52,000,000 
     is to be used for the AIDS drug assistance portion of title 
     II and distributed according to the current formula. The 
     conference agreement also identifies in bill language the 
     amounts appropriated for titles I and II of the Ryan White 
     AIDS CARE Act as provided in the House bill.
       The conference agreement does not include $3,256,000 in 
     contingency funding for the National Health Service Corps 
     (NHSC) as proposed by the Senate. The conference agreement 
     provides $115,745,000 in non-contingent funding. The House 
     bill did not include contingent funding for NHSC.
       The conference agreement includes language as proposed by 
     the House limiting new cities entering the title I Ryan White 
     program to those permitted in the pending reauthorization 
     bill. The Senate amendment had no similar provision.
       The conference agreement includes language holding the 
     formula grant funding for current title I grantees under the 
     Ryan White AIDS CARE Act to no less than 99 percent of their 
     fiscal year 1995 funding level by reallocating supplemental 
     grant funds. The Senate amendment included a hold harmless 
     provision assuring 100 percent of the fiscal year 1995 
     funding level in fiscal year 1996 for current title I 
     grantees. The House bill had no comparable provision.
       The conference agreement deletes language proposed in the 
     Senate amendment and last year's bill identifying funding for 
     Area Health Education Centers and overriding set-asides in 
     the authorizing statute pertaining to the types of centers 
     that may be funded. The house bill had no comparable 
     provision. The conferees understand that this language is no 
     longer necessary.
       The conference agreement modifies a technical legal 
     citation contained in both the House bill and Senate 
     amendment pertaining to the Federal Tort Claims Act.
       The conferees intend that the agency may use up to 
     $3,000,000 of the funding provided for the National Health 
     Service Corps for State offices of rural health.
       The conferees strongly believe that the family planning 
     program should be formally administered, as well as funded, 
     in the Health Resources and Services Administration as a 
     separate program within the Office of the Administrator, but 
     have chosen to leave the decision regarding administration to 
     the Secretary and have not mandated the transfer.
       The conferees include $20,000,000 for health care 
     facilities grants, of which $10,000,000 is designated for the 
     facility requested in the President's fiscal year 1996 
     budget, and $10,000,000 is designated for items identified in 
     the Senate report accompanying the amendment to H.R. 3019 
     pertaining to oral health care and health care for 
     disadvantaged women. Also included as part of this second 
     $10,000,000 is funding to improve rural health care access.

               Centers for Disease Control and Prevention


                disease control, research, and training

                              (rescission)

       Full year funding for the Centers for Disease Control and 
     Prevention (CDC) was provided in P.L. 104-91, the continuing 
     resolution enacted January 6, 1996.
       The conference agreement includes language as proposed by 
     the House rescinding obligated, but unexpended, balances from 
     grants to States in fiscal years 1993, 1994, and 1995 for 
     immunization activities. The agreement includes language as 
     proposed by the House providing authority to transfer funds 
     available from the sale of surplus vaccine from the vaccine 
     stockpile to other activities within the jurisdiction of the 
     agency, with prompt notification of Congress of any transfer. 
     These two provisions were included in nearly identical form 
     in sections 209 and 211 of the Senate amendment. The 
     conference agreement incorporates one technical citation 
     change on the second provision contained in the Senate 
     amendment.
       The conferees are agreed that funding for the research and 
     training activities of the National Institute for 
     Occupational Safety and Health has been provided on a 
     consolidated basis as proposed by the Senate. The table 
     printed in the Congressional Record accompanying H.R. 3019 as 
     passed by the House had allocated funds separately for 
     research and training activities.
       The conferees are supportive of CDC proceeding with a 
     school-based immunization

[[Page H3955]]

     demonstration program to carry forward the recommendations of 
     the Advisory Committee on Immunization Practices for early 
     adolescents, to the extent this is possible using available 
     funds, including section 317 carryover funds.
       The conferees are aware of the benefits of community health 
     promotion programs that control the spread of infectious 
     diseases, reduce chronic disease, and lower risk factors and 
     encourage the Director to support activities to evaluate 
     innovative health information dissemination programs for the 
     development of models for public outreach and professional 
     development.
       The conferees intend that as CDC applies the $31,000,000 
     administrative reduction that was included in P.L. 104-91 
     providing full year funding for the agency that equipment 
     expenditures be included in the definition of administrative 
     expenses.
       The conferees confirm their understanding that the National 
     Immunization Survey will be continued in fiscal year 1996.

                     National Institutes of Health

       The National Institutes of Health (NIH) were funded for the 
     full year in P.L. 104-91, the continuing resolution enacted 
     January 6, 1996.
       The conferees have specifically endorsed the following 
     initiatives mentioned in the Senate report:
       (a) The neurodegenerative disorders initiative within the 
     Office of the Director;
       (b) The Office of Rare Disease Research program;
       (c) The Institutional Development Award Program (IDeA) 
     grant program; and
       (d) The Office of Dietary Supplements program.
       Of the $20,000,000 provided within the National Center for 
     Research Resources for extramural facility construction, the 
     conferees intend that $2,500,000 be reserved for construction 
     and renovation projects at qualified regional primate 
     centers.
       The conferees are very supportive of the efforts of the 
     National Institute on Aging to enhance research on 
     Alzheimer's disease and urge the Institute to consider it a 
     top priority. The conferees understand that promising 
     research opportunities in the neuroscience of Alzheimer's 
     disease exist, including research on the formation and 
     maintenance of synapses, the mechanisms of beta-amyloid 
     formation, and the biochemical action mechanisms of drugs 
     used in the treatment of Alzheimer's disease. The Institute 
     is strongly encouraged to focus additional attention on these 
     promising areas, including consideration of expanding the 
     number of Alzheimer's Disease research centers.
       The conferees are supportive of expanding alternative 
     resources to the use of animals, particularly through 
     ensuring regular access to human tissues and organs. The 
     conferees recommend that the Director of NIH give 
     consideration to establishing a multi-Institute initiative to 
     support an expanded human tissue resource and ensure that the 
     needs of the scientific community can be served.
       The conferees are agreed that sufficient funds have been 
     provided within the Office of the Director to provide core 
     support for the National Bioethics Advisory Commission.
       The conferees intend NIH to hold administrative costs 
     within the research management and support category to 7.5 
     percent below fiscal year 1995 levels (with an additional 2.5 
     percent reduction to congressional and public affairs 
     functions) as indicated in the House report on H.R. 2127. 
     However, the conferees do not intend that public education 
     programs that are placed within the research management and 
     support budget of some Institutes be considered part of the 
     cost pool to be reduced.
       The conferees request NIH to expeditiously complete review 
     of its intramural primate facilities and promptly begin the 
     surplusing of those facilities NIH deems to be excess 
     property.
       Public Law 104-91, which provided full year funding for the 
     National Institutes of Health, includes $26,598,000 for the 
     Office of AIDS Research (OAR), including $10,000,000 for the 
     Director's emergency discretionary fund authorized by 
     section 2356 of the Public Health Service Act. Funding for 
     AIDS research for fiscal year 1996 was provided in the 
     manner set forth in H.R. 2127 as passed by the House, 
     which provided appropriations to each Institute including 
     funding for AIDS. The bill as reported in the Senate had 
     appropriated funds for AIDS research to the Office of AIDS 
     Research, as had been done in fiscal year 1995. The 
     conferees are agreed that the fiscal year 1996 funding 
     structure for AIDS research activities of the NIH is not a 
     precedent for the allocation of AIDS research funding for 
     fiscal year 1997. The conferees continue to strongly 
     support the critical work of the Director of the OAR to 
     coordinate the scientific, budgetary, legislative, and 
     policy elements of the NIH AIDS research program and agree 
     that the funding structure for AIDS research in fiscal 
     year 1996 should not diminish this important 
     responsibility. The conferees note that section 212, 
     providing 3 percent transfer authority within the total 
     identified by the NIH for AIDS research, enhances the 
     Director's authority to ensure that AIDS research 
     supported by the NIH is carried out in accordance with the 
     AIDS research plan.

       Substance Abuse and Mental Health Services Administration

       The conference report provides $1,883,715,000 for the 
     Substance Abuse and Mental Health Services Administration, of 
     which $275,420,000 is provided for the mental health block 
     grant, and $1,234,107,000 is provided for the substance abuse 
     block grant. The agreement also funds consolidated substance 
     abuse treatment and substance abuse prevention demonstration 
     programs at $90,000,000 each. The House bill included 
     $1,883,715,000 and the Senate bill included $1,800,469,000.
       The conferees understand that SAMHSA has undertaken an 
     agency reorganization to streamline administrative functions. 
     In addition, the agency will begin implementation of new 
     knowledge development and application (KDA) grants in fiscal 
     year 1996. The conferees continue to encourage SAMHSA to 
     focus on evaluation and reporting of outcomes for activities 
     funded under the block grants, demonstrations and KDAs. The 
     conferees understand that KDA grants will generally fund 
     applied research and evaluation, not services. The agreement 
     specifically directs that any KDA grant include a plan to 
     measure and publicly report outcomes relating to the 
     grantee's stated goals and, where relevant, the incidence of 
     substance abuse among individuals studied. The conferees 
     strongly encourage SAMHSA to aggressively and effectively 
     disseminate the results of KDA grants and to integrate these 
     results into services funded in whole or in part by the 
     Federal block grants as well as non-federally funded 
     substance abuse and mental health services. In determining 
     the allocation of funding to existing substance abuse 
     demonstration projects, the conferees encourage the agency to 
     give full consideration to those projects which impact 
     pregnant women and children.
       The conferees recommend that in awarding KDA grants to 
     eligible grantees the Secretary give priority to the 
     development of knowledge and specific interventions that 
     improve the quality and access to services in areas where 
     there is a high incidence of substance abuse and mental 
     illness coupled with other contributing conditions such as 
     high rates of co-morbidities, particularly HIV infection, 
     long waiting lists for treatment, or homelessness.

               Agency for Health Care Policy and Research


                    health care policy and research

       The conference agreement provides a total funding level of 
     $125,310,000 as proposed by the House instead of $128,470,000 
     as proposed by the Senate. Of this amount, $65,186,000 is 
     provided in Federal funds and $60,124,000 is provided through 
     one percent evaluation funding. The House bill provided 
     $94,186,000 in Federal funds and $31,124,000 in one percent 
     funding, while the Senate amendment provided $65,390,000 in 
     Federal funds and $63,080,000 in one percent evaluation 
     funding.

                  Health Care Financing Administration


                           program management

       The conference agreement makes available $1,734,810,000 as 
     proposed by the House instead of $2,111,406,000 as proposed 
     by the Senate and provides an additional $396,000,000 within 
     title VI of the bill for payment safeguard activities, 
     providing total program management funding of $2,130,810,000. 
     The Senate amendment had no comparable title VI provision. 
     The funding in title VI would be canceled if there is a 
     subsequent appropriation enacted for Medicare contractors in 
     an authorizing bill.
       The conferees strongly encourage Medicare contractors to 
     promptly purchase and utilize commercially available 
     automated data processing systems designed to detect abusive 
     Medicare billings.
       The conferees encourage the Health Care Financing 
     Administration to conduct a demonstration program to evaluate 
     whether cardiac case management of patients suffering from 
     congestive heart failure would increase the quality of care 
     delivered and patient satisfaction, as well as deliver such 
     care in a more cost effective manner than current practice.
       The conferees specifically endorse the following:
       (a) No funds may be used for implementation of the 
     Medicare/Medicaid data bank as mentioned in the House report;
       (b) HCFA is encouraged to give full and fair consideration 
     to a proposal to develop a comprehensive health care 
     information management system that would link patient care 
     data across the full range of health care as mentioned in the 
     Senate report.

                Administration for Children and Families


               low income home energy assistance program

                         (Including Rescission)

       The conference agreement provides a rescission of 
     $100,000,000 in previously appropriated 1996 funding as 
     recommended in the House and Senate bills. Total fiscal year 
     1996 funding for the Low Income Home Energy Assistance 
     Program (LIHEAP) is $900,000,000. The conferees intend that 
     up to $22,500,000 of the amounts provided for LIHEAP for 
     fiscal year 1996 be used for the leveraging incentive fund. 
     The conference agreement provides $300,000,000 for the 
     contingency fund for fiscal year 1997, instead of providing 
     that amount for fiscal year 1996 as proposed by the Senate. 
     The agreement also extends the availability for another year 
     of any funds remaining unobligated in the contingency fund at 
     the end of fiscal year 1996. Finally, the agreement does not 
     provide advance fiscal year 1997 funding for the LIHEAP 
     program, the same as the House bill and $1,000,000,000 less 
     than the Senate bill. Funding for FY 1997 will be considered 
     as part of the regular fiscal year 1997 appropriations bill.

[[Page H3956]]

                     refugee and entrant assistance

       The conference agreement provides $402,172,000 for Refugee 
     and Entrant Assistance programs, instead of $397,872,000 as 
     proposed in both the House and Senate bills. The agreement 
     includes $55,397,000 for the Targeted Assistance program, an 
     increase of $4,300,000 above the amount provided in the House 
     and Senate bills and the same amount provided in fiscal year 
     1995. The conferees expect that domestic health assessment 
     activities within the preventive health program will be 
     administered in accordance with the decisions of the 
     Secretary of Health & Human Services and direct the 
     Department to notify the Appropriations Committee of such 
     decisions in a timely manner. The conferees agree to the 
     allocation of targeted assistance contained in the House 
     Report 104-209.


                      social services block grant

       The conference agreement provides a mandatory appropriation 
     for the Social Services Block Grant of $2,381,000,000. The 
     House bill provided $2,520,000,000, and the Senate bill 
     provided $2,310,000,000.


                 children and families services program

       The conference agreement includes $4,788,364,000, instead 
     of $4,715,580,000 as proposed by the House and $4,743,604,000 
     as proposed by the Senate.
       The conferees agree with language in Senate report 104-145 
     which would allocate $1,500,000 under the developmental 
     disabilities program for the fifth year of a 5-year 
     demonstration project known as transition and natural 
     supports in the workplace.
       It has come to the attention of the conferees that eligible 
     Community Development Corporations serving remote rural areas 
     have encountered difficulty in meeting some of the criteria 
     for competing for Community Economic Development (CED) 
     grants. The conferees strongly urge the Office of Community 
     Services to adjust the criteria used in evaluating 
     applications to take into account the unique aspects of job 
     creation in remote rural areas, particularly as they relate 
     to cost per job requirements.
       With respect to Head Start, the conference agreement does 
     not include $250,000 proposed in Senate report 104-145 to 
     continue a demonstration program to train head Start teachers 
     in scientific principles. No funds were included for the 
     program in the House bill.
       With respect to the transitional living program for runaway 
     and homeless youth, the conferees are agreed that the 
     increase provided over the fiscal year 1995 amount shall be 
     for nine grantees whose grants expired in September, 1995 and 
     who were unable to compete for fiscal year 1996 grants 
     because of a departmental administrative oversight.
       The conference agreement includes an earmark of 
     $435,463,000 for the Community Services Block Grant Act as 
     proposed by the Senate. The House had earmarked the same 
     amount in a different manner.

                        Administration on Aging


                        aging services programs

       The conference agreement includes $829,393,000, instead of 
     $801,232,000 as proposed by the House and $831,027,000 as 
     proposed by the Senate.
       The agreement eliminates as separate line items the 
     ombudsman program and the prevention of elder abuse program. 
     Funds for these programs are earmarked in the bill within the 
     supportive services and centers line time and the fiscal year 
     1995 level.
       The agreement includes a legislative provision as proposed 
     by the Senate that would prevent any State from having its 
     administrative costs under title III of the Older Americans 
     Act reduced by more than five percent below the fiscal year 
     1995 level. The House had no similar provision.
       The conference agreement includes three specific funding 
     levels identified in Senate report 104-145 with respect to 
     the aging research program.

                        Office of the Secretary


                    general departmental management

       The conference agreement includes $146,127,000, instead of 
     $143,127,000 as proposed by the House and $137,127,000 as 
     proposed by the Senate.
       The conferees have included an additional $2,000,000 for 
     the Office of the Secretary of the Department of Health and 
     Human Services. The conferees intend that none of these 
     additional funds shall be available to the Office of 
     Intergovernmental Affairs, the immediate office of the 
     Assistant Secretary for Health, the Office of the Assistant 
     Secretary for Legislation or the Office of the Assistant 
     Secretary for Public Affairs. The Secretary is requested to 
     notify the Appropriations Committees of any employees 
     detailed into these offices. The conferees commend the 
     Secretary for the recent reorganization of her office and her 
     decision to replace the Office of the Assistant Secretary for 
     Health with a smaller office which would serve as the senior 
     advisor for health policy. The conferees direct that the 
     Secretary provide the Appropriations Committees with the 
     estimated funding levels and FTE levels for each of the 
     individual offices for fiscal year 1996 funded from this 
     account as soon as possible after enactment of this bill.
       The conferees are agreed that funds are to be made 
     available to the Office of Women's Health from funds 
     available to the Department to carry out development and 
     implementation of the national women's health clearinghouse.
       Sufficient funds have been included by the conferees for 
     the continuation of the existing human services 
     transportation technical assistance program at the fiscal 
     year 1995 funding level.
       The agreement does not include a legal citation for the 
     National Vaccine program as proposed by the Senate. The House 
     bill included no citation. No funding is provided within this 
     account for this program.
       The agreement includes a House provision identifying 
     $7,500,000 for extramural construction within the Office of 
     Minority Health. The Senate bill did not include this 
     provision.

                      Office of Inspector General

       The conference agreement includes total funding for the 
     Office of Inspector General of $79,162,000 as proposed by the 
     Senate instead of $73,956,000 as proposed by the House. Of 
     the total amount, $43,000,000 is provided in title VI of the 
     Labor-HHS-Education Appropriations Act as proposed by the 
     House, and the balance of the funds are provided in this 
     account.
       The agreement includes language proposed by the Senate, not 
     included by the House, which would allow the Inspector 
     General to expend funds transferred to it by the Departments 
     of Justice or Treasury or the Postal Service as a result of 
     asset forfeitures. The forfeitures would be from 
     investigations in which the IG participated.


            public health and social services emergency fund

       The conference agreement includes $9,000,000 for the 
     Emergency Fund as proposed by the Senate. The House bill 
     included no provision for this.
       With respect to the $2,000,000 identified for the 
     implementation of clinical trails related to the early 
     detection of breast cancer, the conferees are agreed that 
     those departmental agencies and institutes with substantial 
     experience and expertise in these matters must be directly 
     involved in the administration of this effort.

                           General Provisions

       The conference agreement includes a limitation in the House 
     bill which prohibits the use of funds for a statutory set-
     aside earmarking the first $5,000,000 of any funds 
     appropriated for NIH extramural facility construction for 
     primate centers. Instead, the conferees have reserved 
     $2,500,000 of the NIH funds provided for extramural 
     construction for primate centers. The Senate amendment had no 
     similar provision.
       The conference agreement includes a provision limiting the 
     amount of one percent evaluation set-aside funding that can 
     be tapped from the Public Health Service agencies to amounts 
     identified in the conference report prior to a report to 
     Congress. The agreement also includes language prohibiting 
     other taps and assessments unless reported to Congress. The 
     House bill and the Senate amendment had similar language for 
     the first provision; the House bill included languages 
     similar to the second provision.
       The conference agreement includes a general provision as 
     proposed by the House that prohibits the funding of the 
     Federal Council on Aging and the Advisory Board on Child 
     Abuse and Neglect. The Senate had no similar provision.
       The conference agreement deletes language included in the 
     Senate amendment pertaining to a rescission of Centers for 
     Disease Control and Prevention (CDC) funding and a 
     reallocation of funds in the agency's vaccine stockpile 
     surplus. These provisions were included under a CDC heading 
     in the House bill, which is reflected in the conference 
     agreement.


                          (Transfer of Funds)

       The conference agreement includes a general provisions as 
     proposed by the House that would authorize the Department of 
     Health and Human Services to transfer up to one percent of 
     funds in any appropriation account to any other account in 
     the Department, provided that the receiving account is not 
     increased by more than three percent thereby and that the 
     Appropriations Committees are notified at least 15 days in 
     advance of any transfer. The Senate had no similar provision.
       The conferees have agreed to include this transfer 
     provision to give the Department more flexibility in managing 
     its appropriations. However, the continuation of this 
     provision in the future will depend on the Department's 
     achieving and maintaining audited financial statements in 
     accordance with the Chief Financial Officers Act of 1990 and 
     Office of Management and Budget Bulletin No. 93-06.


                          (Transfer of Funds)

       The conferencd agreement includes language permitting the 
     Director of the National Institutes of Health jointly with 
     the Director of the Office of AIDS Research to transfer up to 
     3 percent among the Institutes, Centers, and the National 
     Library of Medicine from the total identified in their 
     apportionment for AIDS research. The transfer must take place 
     within 30 days of enactment of the Act and Congress is to be 
     promptly notified. The House bill and the Senate amendment 
     had similar provisions.
       The conference agreement includes a provision in the House 
     bill permitting the National Library of Medicine at the 
     National Institutes of Health to enter into personal services 
     contracts. The Senate amendment had no similar provision.
       The conference agreement deletes without prejudice a 
     general provision proposed by the Senate that would deem an 
     AFDC waiver

[[Page H3957]]

     submitted by the State of Texas under section 1115 of the 
     Social Security Act approved upon the date of enactment of 
     this Act, notwithstanding the Secretary's authority to 
     approve the application. The House had no similar provision.
       The conference agreement includes a provision in the Senate 
     amendment requiring the Secretary of Health and Human 
     Services to reimburse Medicaid claims for State-operated 
     psychiatric hospitals between December 31, 1993 and December 
     31, 1995 that the Secretary would otherwise intend to defer 
     for reimbursement. The provision caps the total amount of 
     claims that could be reimbursed at $54,000,000. The conferees 
     added a provision establishing a new Medicaid matching 
     formula for a State highly affected by disproportionate share 
     hospital payments, effective for State fiscal years 1996-97 
     and 1997-1997. The house bill had no similar provisions.
       The conferees are aware of a number of outstanding Medicaid 
     issues which could not be addressed in this bill. Of 
     particular concern is the 100 percent cap on funding for 
     public hospitals as well as the dilemma faced by several 
     States that have included a modified Federal matching payment 
     in their fiscal year 1997 budgets, reflecting the effort made 
     by the Congress in Medicaid Reform to address the current 
     inequity faced by States with rates between 40 and 50 
     percent. The conferees understand the difficulties that may 
     State Medicaid programs are experiencing, and urge that these 
     important matters be addressed expeditiously by the 
     authorizing committees.

                   TITLE III--DEPARTMENT OF EDUCATION


                            Education Reform

       The conference agreement includes $530,000,000 for 
     Education Reform programs. Included in this amount is 
     $350,000,000 for the Goals 2000: Educate America Act and 
     language, proposed by the House, which prohibits the use of 
     funds for Goals 2000 national programs. Also included is 
     $180,000,000 for school-to-work programs. The House bill 
     provided $484,500,000 for Education Reform activities, 
     including a contingent appropriation of $389,500,000. The 
     Senate amendment provided $536,000,000 and included 
     $151,000,000 in fiscal year 1997 funding.
       The conference agreement amends the Goals 2000: Educate 
     America Act. Specifically, the agreement includes language in 
     title VII of the bill which:
       Permits school districts, in States that elect not to 
     participate in the Goals 2000 program, to apply directly to 
     the Secretary of Education for Goals 2000 funding, if the 
     State education agency approves;
       Eliminates the requirement that States submit their 
     improvement plans to the Secretary of Education for approval;
       Deletes the requirement for the composition of State and 
     local panels that develop State and local improvement plans;
       Eliminates the National Education Standards and Improvement 
     Council;
       Removes the requirement for States to develop opportunity-
     to-learn standards;
       Clarifies that no State, local education agency, or school 
     shall be required, as a condition of receiving assistance 
     under this title to provide outcomes-based education, or 
     school-based health clinics; and
       Clarifies that nothing in the Goals 2000 legislation will 
     require or permit any State or Federal official to inspect a 
     home, judge how parents raise their children, or remove 
     children from their parents.
       The conferees agree that a State education agency must give 
     approval in order for a local educational agency to apply to 
     the Secretary of Education for funding. A State educational 
     agency is permitted to make a blanket approval or disapproval 
     regarding the participation of local education agencies.
       Regarding the provision on alternatives to secretarial 
     approval of State plans, the conferees agree that submission 
     of such report and notification of amendments to previous 
     State plans meets the requirements of section 306.
       The conferees agree that local education agencies, as part 
     of their school improvement plan, can use their Goals 2000 
     funds for the acquisition of computer technology and the use 
     of technology-enhanced curricula and instruction. The 
     Department of Education is encouraged to advise States that 
     their Goals 2000 funds may be used for this purpose.
       The conference agreement includes a provision, proposed by 
     the Senate, which authorizes the Secretary of Education 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. The House bill 
     contained no similar provision.


                    education for the disadvantaged

       The conference agreement includes $7,228,116,000 for 
     Education for the Disadvantaged of which $1,298,386,000 
     becomes available on October 1, 1996 for academic year 1996-
     97. The House provided an appropriation of $6,049,113,000 
     for this activity and a contingent appropriation of 
     $961,000,000 for a total funding level of $7,010,113,000. 
     The Senate amendment provided a fiscal year 1996 
     appropriation of $6,513,511,000 and a fiscal year 1997 
     appropriation of $814,489,000 for a total funding level of 
     $7,328,000,000. With respect to the fiscal year 1997 
     funding, it is the intent of the conferees to provide all 
     funding for title I for the 1997-98 school year through 
     the appropriation of fiscal year 1997 funds in the fiscal 
     year 1997 Labor, Health and Human Services, and Education 
     and Related Agencies bill. The conferees intend that the 
     committee work to adjust the fiscal year 1997 602(b) 
     allocations such that title I can be returned to a normal 
     appropriations and obligation pattern.
       The conference agreement provides that up to $3,500,000 of 
     title I funds be made available to the Secretary to obtain 
     local-education-agency level census poverty data from the 
     Bureau of the Census.
       The agreement does not include provisions, included in the 
     House bill, which would have overridden the provisions of 
     title I regarding minimum State grants and language which 
     would have eliminated a State option to reserve a portion of 
     their title I funds for school improvement activities.


                               impact aid

       The conference agreement provides $693,000,000 for the 
     Impact Aid program, the same as the House bill and an 
     increase of $1,841,000 over the Senate amount of 
     $691.159,000. In combination with the $35,000,000 provided 
     for Impact Aid in P.L. 104-61, this appropriation provides a 
     total of $728,000,000 for Impact Aid in fiscal year 1996, the 
     same amount provided by Congress in fiscal year 1995.
       Within the total provided, the conference agreement 
     includes $581,707,000 for Basic Support Payments, $1,304,000 
     less than the House bill amount of $583,011,000 and $537,000 
     above the Senate bill level of $581,170,000. The agreement 
     also includes $16,293,000 for Payments for Federal Property, 
     an increase of $1,304,000 over both the House and Senate bill 
     amounts of $14,989,000.
       The conference agreement modifies a provision proposed by 
     the Senate (Section 306) regarding unobligated Impact Aid 
     construction funds. The agreement provides that one-half of 
     such unobligated funds shall be awarded for the construction 
     of public elementary or secondary schools on Indian 
     reservations, and that one-half of such funds shall be made 
     available to school districts with military impact according 
     to section 8007 of the Elementary and Secondary Education Act 
     as amended.


                      school improvement programs

       The conference agreement includes $1,223,708,000 for School 
     Improvement programs. The House bill provided $946,227,000 
     for programs in this account. The Senate provided 
     $1,156,987,000 including $208,000,000 in fiscal year 1997 
     appropriations.
       The conferees specifically provide for the following 
     activity included in the Senate report:
       The funds provided for the Education of Native Hawaiians 
     are allocated as follows:

Curricula Development, Teacher Training and Recruitment......$1,500,000
Community-Based Education Learning Centers......................800,000
Hawaiian Higher Education Programs............................1,400,000
Gifted and Talented Program...................................1,200,000
Special Education Programs....................................1,200,000
Native Hawaiian Education Council and Island Councils...........300,000
Family-Based Education Centers................................5,600,000

       The agreement provides $465,981,000 for Safe and Drug Free 
     Schools and Communities instead of the $400,000,000 provided 
     by both the House and Senate bills. This funding level, the 
     same as in fiscal year 1995, provides for $440,981,000 for 
     State Grants and $25,000,000 for National Programs.


                   bilingual and immigrant education

       The conference agreement provides $178,000,000 for 
     Bilingual and Immigrant Education instead of the $150,000,000 
     provided in the House and Senate bills.
       The conferees provided no funding for support services or 
     professional development activities given their belief that 
     funds should be focused on the education of students and the 
     other funding sources available to the Secretary to fund 
     these activities. However, if the Secretary feels that 
     funding these activities within this account is justified, 
     the two Committees will consider a reprogramming request for 
     the Department.


                           special education

       The conference agreement includes $3,245,447,000 for 
     special education programs, the same amount recommended by 
     both the House and Senate bills.
       The conferees have also modified a provision proposed by 
     the Senate to enable the Republic of the Marshall Islands, 
     the Federated States of Micronesia, and the Republic of Palau 
     to be eligible to receive both formula and discretionary 
     grants. The agreement also includes language proposed by the 
     Senate that permits the Department of Education to distribute 
     funding to the federal center and regional centers in 
     proportion to the funding levels made available in the 
     previous fiscal year.
       The conferees agree that Centers for the Deaf under Post 
     Secondary Education programs should be awarded on a 
     competitive basis instead of continuing the four existing 
     centers as proposed in the Senate report.


            rehabilitation services and disability research

       The conference agreement includes $2,456,120,000 for 
     Rehabilitation Services and Disability Research instead of 
     the $2,452,620,000 proposed in both the House and Senate 
     bills.

[[Page H3958]]

       The conference agreement includes $7,000,000 to support the 
     Department of Education's portion of the fiscal year 1996 
     Paralympic Games through funding the Atlanta Paralympic 
     Organizing Committee. The house bill included $4,500,000 
     while the Senate bill contained no similar provision. The 
     grantee shall provide such information as shall be required 
     by the Department of Education, including a detailed 
     statement of work and budget, and financial reports providing 
     a breakout of the costs of the activities performed under the 
     grant. The conferees have also provided funding for the 
     Paralympic Games in the Department of Labor and in the Social 
     Security Administration.
       The conferees increased funding for this account by 
     $1,000,000 and direct the Department to use these funds to 
     enable the two active regional head injury centers first 
     funded in 1992 to continue serving as national resources to 
     assist the States in improving the quality and cost 
     effectiveness of services for victims of traumatic grain 
     injury. The conferees direct the Rehabilitation Services 
     Administration to work with the staffs of these regional 
     centers to further develop plans of operation, including 
     appropriate methods of organizing and coordinating State, 
     private provider and victim support resources to improve the 
     quality of traumatic brain injury services and for 
     disseminating this information on a national basis. The 
     centers are to work with the Department to present to the 
     committees, by September 30, 1996, an evaluation plan of the 
     present and planned services of the Centers and, upon 
     approval, to implement the plan. In addition, the Department 
     is instructed to work with the centers to develop a funding 
     strategy that will eliminate the need for further federal 
     funding for this national demonstration activity and to 
     report to the Committees with such a plan by September 30, 
     1996.


                     vocational and adult education

       The conference agreement provides $1,340,261,000 for 
     Vocational and Adult Education. The House bill provided 
     $1,257,134,000 while the Senate bill included $1,340,638,000. 
     The conference agreement eliminates the requirement for the 
     establishment of State vocational education councils as a 
     condition of receiving funding under the Carl D. Perkins 
     Vocational and Applied Technology Education Act.
       While the conferees have eliminated funding for State 
     councils, the conferees have no objection to States using a 
     portion of their Vocational Education funds for State 
     councils or human resource investment councils.
       The conference agreement includes $4,723,000 for prisoner 
     literacy programs, instead of $5,100,000 as proposed by the 
     Senate. The House bill contained no similar provision.


                      student financial assistance

       The conference agreement specifies appropriations for 
     Student Financial Assistance in Titles I and III of the Act. 
     In the aggregate, the agreement appropriates $6,258,587,000, 
     instead of $6,643,246,000 as proposed by the House and 
     $6,165,290,000 together with $90,000,000 in contingent 
     funding as proposed by the Senate. The conference agreement 
     sets the maximum Pell Grant at $2,470, an increase of $30 
     over the House passed maximum grant of $2,440 and $30 below 
     the $2,500 maximum grant in the Senate bill. The maximum 
     grant of $2,470 is the highest maximum grant ever provided.
       In the aggregate, the agreement provides $4,914,000,000 in 
     new budget authority for the Pell Grant program. This amount 
     combined with $1,304,000,000 in funding which carries forward 
     from previous years, makes available $6,218,000,000 in budget 
     authority for Pell Grants in fiscal year 1996. The Senate 
     bill included $4,814,000,000 and the House bill included 
     $5,423,331,000.
       The conference agreement places a cap of 3,650,000 on Pell 
     Grant participants in the 1995-1996 school year, as proposed 
     by the House instead of 3,634,000 as proposed by the Senate. 
     This cap will not deny awards to any eligible students and 
     has been imposed to reflect the actual number of students 
     receiving grants and actual program costs.
       The conference agreement provides $93,297,000 for new 
     contributions to institutional revolving loan funds, an 
     increase of $93,297,000 over the House bill which did not 
     provide new capital contributions and a decrease of 
     $64,703,000 below the Senate bill level of $158,000,000
       The conference agreement provides $31,375,000 for State 
     Student incentive Grants, a decrease of $32,000,000 below the 
     Senate bill level of $63,375,000. The House bill did not 
     provide funding for this program. The conferees have provided 
     this funding with the understanding that no new funding will 
     be provided for the program in fiscal year 1997. The 
     conferees reiterate that all States have participated in this 
     program since 1978, a sufficient period of time to develop 
     independent and self-sufficient State grant Programs. 
     According to the Department of Education, the federal 
     appropriation for State Student Incentive Grants represent 
     less than 2.5% of total State student assistance. The 
     conferees believe that States have operated this program with 
     a combination of State and federal funds for several years, 
     and the termination of federal support for this program 
     should not result in the termination of substantial 
     downsizing of continuing State grant programs.


                            Higher Education

       The conference agreement provides $836,964,000 for Higher 
     Education programs, the same amount included in the House and 
     Senate bills. The agreement includes a provision proposed by 
     the Senate requiring the Department to award the same number 
     of new Byrd Scholarships in fiscal year 1996 as were awarded 
     in fiscal year 1995 and to prorate downward the amounts for 
     new and continuing Byrd Scholarships to accommodate the 
     awarding of new scholarships. The House bill did not include 
     a similar provision.


                           howard university

       The conference agreement provides $182,348,000 for Howard 
     University, an increase of $7,677,000 over the amount 
     provided in both the House and Senate bills. The agreement 
     includes $152,859,000 for the Academic program, $7,677,000 
     more than the amount in the House and Senate bills, and 
     $29,489,000 for the University Hospital, the same amount 
     provided in the House and Senate bills. The agreement also 
     allows the University to use a part of its Academic program 
     appropriation for the endowment at its discretion. The 
     conferees direct that Howard notify the Congress of any 
     transfer from the Academic program to the Endowment fund at 
     least 15 days prior to execution of the transfer. The 
     agreement does not provide funding for the research or 
     construction programs.


             education research, statistics and improvement

       The conference agreement includes $351,268,000 for 
     Education Research, Statistics and Improvement. The House 
     bill included an fiscal year 1996 appropriation of 
     $328,268,000 for this activity and a contingency 
     appropriation of $23,000,000 for a total funding level of 
     $338,268,000 through an fiscal year 1996 appropriation of 
     $328,268,000 and an fiscal year 1997 appropriation of 
     $10,000,000.
       The agreement includes a provision proposed by the House 
     that prohibits the use of federal funds to fund the Goals 
     2000 Community Partnership program.
       The Conference agreement earmarks $3,000,000 within the 
     Fund for the Improvement of Education as proposed by the 
     Senate for programs such as those authorized by Part E of 
     title III of the ESEA for equipment and materials necessary 
     for hands-on instruction through assistance to State and 
     local agencies.
       With respect to the Regional Educational Laboratories the 
     agreement includes $51,000,000. The conferees note that the 
     current laboratories' contracts have removed substantial 
     funds from the programmatic control of the individual 
     laboratories' governing boards and pulled the laboratories 
     programs of work away from the needs of educators and 
     policymakers in the ten individual laboratory regions. It is 
     the intent of the conferees that no funds provided be used 
     for any purpose other than work that is determined by the 
     priorities of the regional governing board of each individual 
     laboratory. All funds provided to the Regional Educational 
     Laboratories shall be allocated according to each 
     laboratory's percentage of the total amount that was provided 
     to the ten regional educational laboratories by the 
     Department of Education on December 11, 1995. Any special 
     services requested by the Department of Education, other than 
     the OERI National Educational Research Policy and Priorities 
     Board for the purpose of aiding their oversight of federal 
     education research and development program, shall be provided 
     only if each Regional Educational Laboratory agrees that the 
     priorities are consistent with its mission and the costs of 
     such special services are reimbursed to each laboratory from 
     the discretionary funds available to the Department. Further, 
     the Conferees direct the Secretary to survey each regional 
     educational laboratory to establish that all funds provided 
     serve the priority R & D needs identified by the regional 
     education board of each laboratory, document any resource 
     allocation or work priority concerns reported by the 
     laboratories and provide a report of all concerns to the 
     House and Senate Appropriations Committees not later than 
     January 31, 1997.
       The agreement also includes a provision proposed by the 
     Senate that extends star school partnership projects that 
     received continuation grants in fiscal year 1996.
       Due to the lateness in the fiscal year, conferees have 
     provided that the funds provided for the International 
     Education Exchange program should be used to continue current 
     grantees.
       The conferees have not provided funding for the extended 
     time and learning program. The Senate bill had included 
     $2,000,000 for this purpose. The House bill contained no 
     similar provision.


                               libraries

       The conference agreement includes $132,505,000 for library 
     programs instead of $131,505,000 as proposed by both the 
     House and Senate bills.
       Within the funds appropriated for library research and 
     demonstration, the conferees have provided $1,000,000 for the 
     Survivors of he Shoah Visual History Foundation for a multi-
     media project to document Holocaust survivor testimony. The 
     conferees acknowledge and support the mission of the U.S. 
     Holocaust Memorial Council and the role the council plays in 
     developing and coordinating programs relating to the 
     Holocaust. The $1,000,000 contained in this bill are to 
     supplement the work of the council. These funds have been 
     included for the Survivors of the Shoah Visual History 
     Foundation project because of the extraordinary nature of the 
     work and contribution of Mr. Steven

[[Page H3959]]

     Spielberg. The conferees concur with the view that this 
     direct grant will put the imprimatur of the U.S. government 
     in a unique manner to repudiate any future claims that the 
     Holocaust never occurred. Because of the special nature of 
     this grant, the conferees do not view this as a precedent for 
     future requests.
       The conferees also have provided $1,000,000 for the final 
     phase of the portals demonstration project and, finally the 
     conferees have provided $1,000,000 for the National Museum of 
     Women in the Arts for activities associated with the 
     archiving of works by women artists.

                           General Provisions

       The conference agreement includes a general provision as 
     proposed by the House that would prohibit the use of funds 
     appropriated in the bill for opportunity to learn standards 
     or strategies. The Senate had no similar provision.
       The conference agreement includes language which reduces 
     the fund available to the Secretary for the administration of 
     the student loan programs, as provided under section 458 of 
     the Higher Education Act. Section 458 provides mandatory 
     spending for student loan administration in amounts which 
     exceed what the Secretary needs for fiscal year 1996. By 
     limiting the amount available to $436,000,000, compared to 
     the $550,000,000 allowed by the Higher Education Act, the 
     agreement achieves savings of $114,000,000. To ensure 
     appropriate scoring of this action by the Congressional 
     Budget Office, the agreement also limits the authority in 
     section 458 which would otherwise permit the Secretary to 
     draw funds from fiscal year 1997 amounts into fiscal year 
     1996.
       The agreement further provides that the Secretary will pay 
     to guaranty agencies the administrative cost allowances owned 
     such agencies for fiscal year 1995 in the amount currently 
     estimated, $95,000,000. The agreement also provides that the 
     Secretary will calculate and pay administrative cost 
     allowances for fiscal year 1996 at the rate of 0.85 percent 
     of the total principal amount of loans upon which insurance 
     was issued on or after October 1, 1995. The estimated amount 
     of such payments is $81,000,000.
       The agreement prohibits the Secretary from requiring the 
     return of reserve amounts held by guaranty agencies in fiscal 
     year 1996 except after consultation with the House and Senate 
     authorizing committees. Any such amounts returned must be 
     deposited in the Treasury to help reduce the deficit.
       No funds available to the Secretary may be used by the 
     Secretary to pay administrative fees to institutions 
     participating in the Federal Direct Student Loan Program.
       The conference agreement restricts the authority of the 
     Secretary to hire advertising agencies or other third parties 
     to provide advertising services to the Department for any 
     student loan program. The Committee does not intend this 
     language to limit the ability of the Secretary to obtain 
     outside assistance to develop and issue informational 
     brochures or similar material for the programs that help 
     students, guidance counselors, student aid administrators, or 
     others, learn such things as how the programs work or their 
     terms and conditions.
       The conference agreement includes a general provision as 
     proposed by the House modified to prohibit the use of funds 
     appropriated in the bill for four specific boards and 
     commissions currently funded by the Department of Education. 
     The Senate had no similar provision.


                          (transfer of funds)

       The conference agreement includes a general provision as 
     proposed by the House that would authorize the Department of 
     Education to transfer up to one percent of funds in any 
     appropriation account to any other account in the Department, 
     provided that the receiving account is not increased by more 
     than three percent thereby and that the Appropriations 
     Committees are notified at least 15 days in advance of any 
     transfer. The Senate had no similar provision.
       The conferees have agreed to include this transfer 
     provision to give the Department more flexibility in managing 
     its appropriations. However, the continuation of this 
     provision in the future will depend on the Department's 
     achieving and maintaining audited financial statements in 
     accordance with the Chief Financial Officers Act of 1990 and 
     Office of Management and Budget Bulletin No. 93-06.

                       TITLE IV--RELATED AGENCIES

             Corporation for National and Community Service


                  domestic volunteer service programs

                           operating expenses

       The conference agreement appropriates $198,393,000 for the 
     Domestic Volunteer Service programs, an increase of 
     $2,123,000 over the House appropriation of $196,270,000 and a 
     decrease of $2,901,000 below the Senate appropriation of 
     $201,294,000. The agreement provides $41,385,000 for regular 
     VISTA Operations. No funding is specifically provided for the 
     VISTA Literacy program, however, the conferees agree that 
     funds may be used to conduct literacy activities previously 
     funded by the VISTA Literacy program.

               Federal Mediation and Conciliation Service

       The agreement provides $32,896,000 for the Federal 
     Mediation and Conciliation Service, the same as the House 
     bill and an increase of $500,000 over the Senate bill.

                     National Labor Relations Board

       The agreement provides $170,743,000 for the National Labor 
     Relations Board, instead of $167,245,000 provided in both the 
     House and Senate bills. The agreement also deletes language 
     proposed by the House concerning the issuance of section 
     10(j) injunctions. The agreement includes language to 
     prohibit the agency from promulgating a final rule on the 
     appropriateness of requested single location bargaining units 
     in representation cases.

                     Social Security Administration


                  supplemental security income program

       The agreement provides $18,545,512,000 for the Supplemental 
     Security Income program, a decrease of $49,500,000 below the 
     Senate bill and $208,322,000 below the House bill. Of this 
     amount, the managers have provided $1,500,000 to support a 
     demonstration project relating to the Paralympic Games. The 
     grantee shall provide such information as shall be required 
     by the Social Security Administration, including a detailed 
     statement of the activities to be supported under the grant 
     and the budget for each activity, and financial reports 
     documenting how the funds were actually expended.
       The agreement makes available an additional amount of 
     $15,000,000 for the processing of Continuing Disability 
     Reviews (CDRs), which was not included in the House or Senate 
     bills, subject to concomitant adjustment of the 
     Subcommittee's 602(b) allocation as permitted by P.L. 104-
     121.


                 Limitation on Administrative Expenses

       The agreement limits administrative expenditures to 
     $5,821,768,000 for the Social Security Administration, a 
     decrease of $23,415,000 below the Senate bill and $88,500,000 
     below the House bill. The agreement includes bill language 
     proposed by the Senate permitting the agency to retain any 
     unobligated funds at the end of the fiscal year for its 
     automation initiative.
       The agreement also includes an additional limitation of 
     $60,000,000 for the processing of Continuing Disability 
     Reviews (CDRs), which was not included in the House or Senate 
     bills, subject to concomitant adjustment of the 
     Subcommittee's 602(b) allocation as permitted by P.L. 104-
     121.
       The conferees strongly urge that SSA work with an industry-
     based consortium dedicated to improving software 
     productivity, and with experience institutionalizing software 
     processes and methods; sufficient funds have been included in 
     the conference agreement for this purpose.

                       Railroad Retirement Board


                      limitation on administration

       The agreement provides a limitation for administrative 
     expenses of $73,169,000 which may be derived from railroad 
     retirement accounts. In combination with a limitation of 
     $16,786,000 from the railroad unemployment insurance 
     administration fund, the agreement provides a total of 
     $89,955,000 for the administrative expenses of the Railroad 
     Retirement Board, an increase of $861,000 above the Senate 
     bill and a decrease of $861,000 below the House bill.


   Limitation on Railroad Unemployment Insurance Administration Fund

       The agreement provides a limitation on administrative 
     expenses of $16,786,000 from moneys credited to the railroad 
     unemployment insurance administration fund. Combined with a 
     limitation of $73,169,000 on administrative expenses derived 
     from the railroad retirement accounts, the agreement provides 
     $89,955,000 for the administrative expenses of the Railroad 
     Retirement Board, an increase of $861,000 over the Senate 
     bill and a decrease of $861,000 below the House bill.

                      TITLE V--GENERAL PROVISIONS

       The conference agreement deletes language contained in the 
     House bill stating that States remain free not to fund 
     abortions with Federal funds provided in the bill to the 
     extent that the State deems appropriate, except where the 
     life of the mother would be endangered if the fetus were 
     carried to term. The Senate amendment contained no similar 
     provision. The conference agreement includes, as did both the 
     House bill and the Senate amendment, the language from 
     previous years prohibiting Federal funding of abortion except 
     in the cases of rape, incest and endangerment of the life of 
     the mother.
       The conference agreement modifies a provision proposed by 
     the House and Senate bills to exclude from participation in 
     the Pell Grant program institutions which are ruled to be 
     ineligible to participate in a federal student loan program 
     as a result of default rate determinations issued by the 
     Secretary subsequent to February 14, 1996.
       The conference agreement includes a general provision 
     proposed by the Senate to limit expenditures on cash 
     performance awards to no more than one percent of amounts 
     appropriated for salaries for each agency funded in the bill. 
     In addition, the provision reduces the amounts otherwise 
     appropriated for salaries and expenses in the bill by 
     $30,500,000, to be allocated by the Office of Management and 
     Budget, as proposed by the Senate. The House bill had no 
     similar provision.
       The conference agreement includes language contained in the 
     Senate amendment which amends the Public Health Service Act 
     to prohibit the Federal government and State and local 
     entities who receive Federal financial assistance from 
     discriminating against entities which refuse to provide or 
     refer for provision of abortions or training to perform 
     abortions. The provision requires the Federal government and 
     State and local entities to deem an entity accredited that

[[Page H3960]]

     would be accredited except for accreditation requirements 
     pertaining to the provision of abortions and abortion 
     training. The House bill contained a similar provision.
       The conference agreement includes language contained in the 
     House bill which modifies the Medicare certification survey 
     schedule for home health agencies to permit States greater 
     flexibility to target resources on problem agencies in order 
     to free up funds for certification of new facilities. The 
     agreement also contains language not contained in the House 
     bill that would permit expanded use by Medicare providers of 
     private accreditation by national bodies for initial 
     certifications and recertifications for those national bodies 
     that can demonstrate that their accreditation assures 
     compliance with all Medicare requirements. This ``deeming'' 
     provision would not apply to renal dialysis facilities and 
     durable medical equipment suppliers. There is no intent to 
     change current law or current policy with respect to the 
     deeming of skilled nursing facilities. The agreement also 
     includes language not included in the House bill requiring 
     the Secretary of Health and Human Services to conduct a study 
     of and to report on the effectiveness and appropriateness of 
     the current mechanisms for surveying and certifying skilled 
     nursing facilities and renal dialysis facilities. The Senate 
     amendment contained no similar provision.
       The conferees are concerned that quality of care not 
     decline for the large and growing number of Medicare 
     beneficiaries receiving home health services. All agencies 
     should be surveyed at reasonable intervals with no more than 
     a 15 month schedule for those agencies with poor prior 
     performance. If there is a change in ownership, surveys shall 
     occur no less frequently than on a 15 month schedule. Within 
     one year of enactment of this legislation the conferees 
     direct HCFA to report to Congress on the status of 
     implementation of this policy and the impact on quality of 
     care for beneficiaries. In particular, the report shall 
     contain data supporting HCFA's contention that quality of 
     care will improve if resources are targeted on problem 
     agencies.
       The conferees expect that the study and report required in 
     this provision will include careful analysis of the adequacy 
     of current nursing facility accreditation standards. 
     Attention should be given to the cost effectiveness of 
     expanding the use of voluntary private accreditation, and 
     whether it is a tool for quality enhancement and as a mean to 
     enable government agencies to focus federal attention more 
     directly on those nursing facilities which need increased 
     oversight. The study should also review the information of 
     accrediting bodies to determine whether it might assist HCFA 
     to access data needed to monitor the performance of nursing 
     facilities. The study should evaluate State-level changes in 
     standards for accreditation of nursing facilities to 
     determine the extent to which they have strengthened the 
     safety net that is vital to assure a baseline of quality and 
     consumer protection. Finally, the conferees are interested in 
     innovative regulatory and nonregulatory incentives for all 
     nursing facilities to continually improve the quality of 
     services provided to Medicare and Medicaid patients. 
     Therefore, the Secretary should include in the report whether 
     such incentives would encourage and reward optimal 
     performance with particular emphasis on improved patient 
     outcomes.
       The conference agreement includes language in the Senate 
     amendment requiring the Secretary of Health and Human 
     Services to grant a waiver under the Medicaid program to 
     Charter Health Plan, Inc. of the District of Columbia of the 
     requirement that no more than 75 percent of a managed care 
     provider's enrollment may be Medicaid patients. The House 
     bill had no similar provision.
       The conference agreement includes language requiring the 
     Secretary of Health and Human Services to compile data on the 
     number of females in the U.S. who have been subjected to 
     female genital mutilation, to conduct outreach to communities 
     that practice female genital mutilation, and to develop 
     curriculum recommendations for medical schools regarding the 
     practice. The Senate amendment contained a similar provision, 
     but also established criminal penalties for those who 
     performed the procedure on minors. The House bill had no 
     similar provisions.

                  TITLE VI--ADDITIONAL APPROPRIATIONS

       The conference agreement includes title VI of the bill 
     proposed by the House modified to exclude Social Security 
     Administration funding for continuing disability reviews. The 
     House bill established a separate title VI which provided 
     partial appropriations for three different appropriation 
     accounts. It included $396,000,000 for HCFA Program 
     Management for payment safeguard activities, $43,000,000 for 
     the HHS IG for Medicare-related activities and $111,000,000 
     for the Social Security Administration administrative account 
     for continuing disability reviews. These amounts, when 
     combined with the amounts appropriated for these activities 
     in the regular titles of the bill, provided full-year 
     appropriations. Under the language in title VI, if a 
     subsequent appropriation is enacted in another bill for FY 
     1996 for these activities, then the amount appropriated in 
     title VI would be canceled. The Senate had no similar 
     provision.

                          Conference Agreement

       The following table displays the amounts agreed to for each 
     program, project or activity with appropriate comparisons: 

[[Page H3961]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.001
     
      

[[Page H3962]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.002
     
      

[[Page H3963]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.003
     
      

[[Page H3964]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.004
     
      

[[Page H3965]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.005
     
      

[[Page H3966]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.006
     
      

[[Page H3967]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.007
     
      

[[Page H3968]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.008
     
      

[[Page H3969]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.009
     
      

[[Page H3970]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.010
     
      

[[Page H3971]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.011
     
      

[[Page H3972]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.012
     
      

[[Page H3973]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.013
     
      

[[Page H3974]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.014
     
      

[[Page H3975]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.015
     
      

[[Page H3976]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.016
     
      

[[Page H3977]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.017
     
      

[[Page H3978]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.018
     
      

[[Page H3979]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.019
     
      

[[Page H3980]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.020
     
      

[[Page H3981]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.021
     
      

[[Page H3982]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.022
     
      

[[Page H3983]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.023
     
      

[[Page H3984]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.024
     
      

[[Page H3985]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.025
     
      

[[Page H3986]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.026
     
      

[[Page H3987]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.027
     
      

[[Page H3988]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.028
     
      

[[Page H3989]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.029
     
      

[[Page H3990]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.030
     
      

[[Page H3991]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.031
     
      

[[Page H3992]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.032
     
      

[[Page H3993]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.033
     
      

[[Page H3994]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.034
     
      

[[Page H3995]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.035
     
      

[[Page H3996]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.036
     
      

[[Page H3997]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.037
     
      

[[Page H3998]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.038
     
      

[[Page H3999]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.039
     
      

[[Page H4000]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.040
     
      

[[Page H4001]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.041
     
      

[[Page H4002]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.042
     
      

[[Page H4003]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.043
     
      

[[Page H4004]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.044
     
      

[[Page H4005]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.045
     
      

[[Page H4006]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.046
     
      

[[Page H4007]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.047
     
      

[[Page H4008]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.048
     
      

[[Page H4009]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.049
     
      

[[Page H4010]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.050
     
      

[[Page H4011]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.051
     
      

[[Page H4012]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.052
     
      

[[Page H4013]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.053
     
      

[[Page H4014]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.054
     
      

[[Page H4015]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.055
     
      

[[Page H4016]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.056
     
      

[[Page H4017]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.057
     
      

[[Page H4018]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.058
     
      

[[Page H4019]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.059
     
      

[[Page H4020]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.060
     
      

[[Page H4021]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.061
     
      

[[Page H4022]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.062
     
      

[[Page H4023]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.063
     
      

[[Page H4024]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.064
     
      

[[Page H4025]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.065
     
      

[[Page H4026]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.066
     
      

[[Page H4027]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.067
     
      

[[Page H4028]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.068
     
      

[[Page H4029]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.069
     
      

[[Page H4030]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.070
     
      

[[Page H4031]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.071
     
      

[[Page H4032]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.072
     
      

[[Page H4033]]

     [GRAPHIC] [TIFF OMITTED] TH25AP96.073
     


[[Page H4034]]

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


                              sec. 101(e)

       The conferees agree that House report 104-384 is to be used 
     as the guiding document for the departments, agencies, 
     commissions, corporations, and offices under the jurisdiction 
     of the House and Senate subcommittees on the Departments of 
     Veterans Affairs and Housing and Urban Development and 
     Independent Agencies, along with House report 104-201 and 
     Senate report 104-140. The following explanations are to be 
     taken as clarifications or supplements to the directions 
     contained in House report 104-384, dated December 6, 1995 and 
     Senate report 104-236 dated March 6, 1996:

                TITLE I--DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration


                       general operating expenses

       Limits the amount of funds available for payroll costs of 
     the Office of the Secretary to not exceed $3,206,000, instead 
     of $2,766,000 as proposed by the House and deleting such 
     limitation as proposed by the Senate. Deletes the salary 
     limitations proposed by the House and stricken by the Senate 
     for the Office of the Assistant Secretary for Policy and 
     Planning, the Office of the Assistant Secretary for 
     Congressional Affairs, and the Office of the Assistant 
     Secretary for Public and Intergovernmental Affairs. The 
     limitation of salary funds for the Office of the Secretary is 
     the amount requested in the 1996 Budget and will support the 
     current employment level.


                      construction, major projects

       Deletes language proposing contingent appropriations of an 
     additional $70,100,000 for construction, major projects as 
     proposed by the House and $16,000,000 as proposed by the 
     Senate. The approved major construction projects are as 
     specified in House Report 104-384, the Conference Report and 
     Joint Explanatory Statement of the Committee of Conference on 
     H.R. 2099.


                       administrative provisions

       Inserts section 108 authorizing the construction of 
     outpatient clinics in Brevard County, FL, Travis Air Force 
     Base, CA, and Boston, MA; leases at Ft. Myers, FL and New 
     York, NY; and a research facility at Portland, OR. The 
     conferees urge the VA to review its options to acquire 
     additional land for the expansion of the Camp Butler National 
     Cemetery.
       Inserts, as section 109, language designating the Walla 
     Walla VA Medical Center as the Jonathan M. Wainwright 
     Memorial VA Medical Center. The Senate proposed this language 
     as a miscellaneous provision.
       Deletes a miscellaneous provision as proposed by the Senate 
     that would require the VA to develop a plan for the 
     allocation of health care resources. This matter was 
     addressed in amendment numbered 14 of House Report 104-384, 
     the Joint Explanatory Statement of the Committee of 
     Conference on H.R. 2099. The conferees note that the VA is 
     currently developing the allocation plan.

         TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

               Annual Contributions For Assisted Housing

       The conferees recommend decreasing the amount appropriated 
     for annual contributions for assisted housing in H.R. 2099, 
     from $10,155,795,000 to $9,818,795,000. The decrease of 
     $337,000,000 is comprised of three components. First, 
     $69,000,000 is taken from amounts available for property 
     disposition activities associated with selling mortgages and 
     properties acquired or held by the Federal Housing 
     Administration (FHA). Despite the decrease, the conferees 
     understand the reduction will not materially impact the 
     Department's ability to meet its statutory and policy 
     responsibilities in disposing of these properties on a timely 
     basis.
       Second, the conferees agree to add $25,000,000 to the 
     $233,168,000 provided for the section 811 housing program for 
     the disabled, and to add $50,000,000 to the $780,190,000 
     provided for the section 202 housing program for the elderly. 
     However, rather than spending the additional funding on new 
     construction or acquisition of buildings, the funds must be 
     applied to extending the contract terms of the rental 
     assistance program.
       Finally, funding for renewing expiring or terminating 
     section 8 subsidy contracts has been reduced from 
     $4,350,862,000 to $4,007,862,000. Though the decrease will 
     not reduce the number of households assisted under this 
     program from the level specified in H.R. 2099, it will reduce 
     the term of the rental assistance contracts from two years.
       H.R. 2099, the 1996 VA/HUD and Independent Agencies 
     appropriations measure, included a provision designed to 
     replace the Low Income Housing Preservation.
       H.R. 2099, the 1996 VA/HUD and Independent Agencies 
     appropriations measure, included a provision designed to 
     replace the Low Income Housing Preservation and Resident 
     Homeownership Act (LIHPRHA) with a less expensive program 
     that avoids dependence on continuing section 8 rental 
     subsidies while, at the same time, preserves affordable 
     housing opportunities for low-income families.
       The recently enacted Housing Opportunity Program Extension 
     Act of 1996 incorporated the provisions of the revised 
     preservation program contained in H.R. 2099. Due to delays, 
     however, the calendar deadlines utilized in this legislation 
     for filing and for funding eligibility determinations are no 
     longer valid and must be adjusted. Therefore, the conferees 
     have adjusted dates to conform the provisions in the 
     Extension Act.
       As a further refinement of the revised preservation 
     program, the conferees have added a third criteria for the 
     Department to utilize in setting appropriate rents for 
     properties. This change will enable properties which utilize 
     the capital loan/capital grant program to retain working 
     families in affordable housing developments and to achieve an 
     appropriate mix of income levels.

Public Housing Demolition, Site Revitalization, and Replacement Housing 
                                 Grants

       The conferees are aware of the urgent need to accelerate 
     the demolition of distressed public housing developments and 
     have agreed to provide $200,000,000 above the amount 
     recommended in H.R. 2099 for the severely distressed public 
     housing program. This addition increases funding for the 
     program from $280,000,000 to $480,000,000.
       The HOPE VI program was created in 1992 as a means to 
     replace obsolete public housing developments aggressively 
     with homes that are architecturally appealing, have lower 
     densities, and are better suited to the needs of low-income 
     families and their surrounding neighborhoods. In the last 
     four years, the Department has found it necessary to refine 
     PHA plans after awarding the grants, usually because of 
     complicated financing associated with the construction of 
     these developments. The formal competition process required 
     by the Act, however, constrains HUD from being able to make 
     changes on a timely basis. Therefore, to facilitate actual 
     site demolition and rehabilitation, the conferees have 
     deleted a requirement for a formal competition regarding how 
     these funds are awarded. In place of a formal competition, 
     HUD plans to utilize a comprehensive, merit-based selection 
     process.

             Drug Elimination Grants for Low-Income Housing

       The conference agreement permits the Secretary to waive the 
     requirement to set-aside a portion of these funds for the 
     youth sport program, though the activity remains an eligible 
     activity of the program. This requirement has been burdensome 
     for both the Department and public housing authorities to 
     administer.
       Noting the importance and need to fight crime in public 
     housing and to create safe environments for low-income 
     families, the conferees have decided to fully fund the Drug 
     Elimination Grant program despite dwindling discretionary 
     resources. There is, however, a significant crime problem 
     that plaques the assisted housing portfolio. Unfortunately, 
     the owners of these properties do not have access to funding 
     from the drug elimination program. It is the opinion of the 
     conferees that the authorizing committee should consider this 
     problem and rectify it with appropriate legislation.

                   Community Planning and Development


                      community development grants

       At the request of the Secretary, the conferees agree to 
     set-aside $50,000,000 from the community development block 
     grant account for economic development initiatives to be made 
     available pursuant to a competitive selection process.

                       Administrative Provisions

        Extend Administrative Provisions From the Rescission Act

       It is critical to deregulate the public and assisted 
     housing portfolios by providing them with the greatest degree 
     of flexibility possible, and therefore agree to expand the 
     eligible uses of modernization funds to capital purposes.
       The conferees believe that mixed-income developments, where 
     the portion of apartments dedicated to low-income families 
     are indistinguishable from the remaining market-rate 
     apartments, will foster safe neighborhoods and will provide 
     for fiscally viable developments. Therefore, the conferees 
     recommend inclusion of several provisions designed to 
     facilitate their creation and financing.


                         employment limitations

       The conferees agree to increase the number of assistant 
     secretaries to eight from the seven provided in H.R. 2099, 
     but have retained the provisions regarding the levels of 
     Schedule C and noncareer SES employees. HUD is directed to 
     present a plan to the House and Senate Committees on 
     Appropriations by September 30, 1996, that describes its 
     reorganization strategy, including:
       (1) the organizational structure, including the number of 
     field offices, regional offices, and FHA offices;
       (2) the programmatic staffing levels required to meet the 
     needs and services identified in HUD's mission statement;
       (3) the responsibilities and duties of headquarters, the 
     field offices, regional offices and FHA offices, the services 
     they will provide, and the level of programmatic staff 
     necessary to carry out these functions;
       (4) the relationship between Headquarters and the field 
     offices, regional offices, and FHA offices; and
       (5) the annual schedule by which the Secretary intends to 
     reduce staff to 7,500 by the year 2002.
       If the level of FTEs required to administer the programs 
     effectively is greater than 7,500, the Secretary must justify 
     the increase.

[[Page H4035]]

                         repeal of frost-leland

       Although the conferees agree to repeal the Frost-Leland 
     amendment, it was not agreed that the City of Dallas be 
     reimbursed for expenses it incurred demolishing a public 
     housing project in West Dallas pursuant to a court order.


                         fha assignment program

       The conferees have amended provisions of the Balanced 
     Budget Downpayment Act, I, which reformed the FHA Assignment 
     Program. The first change corrects terminology included in 
     that Act. Additionally, because of delays in enacting this 
     appropriations measure, several dates used in the original 
     legislation are no longer valid and have been changed. First, 
     the effective date of the reform has been changed to the date 
     of enactment of this legislation to prevent a circumstance 
     where people who applied for assignment after March 15, 1996, 
     would find the program retroactively terminated. Thirty days 
     after enactment, HUD is required to issue regulations. The 
     second date change allows the reforms to be utilized for all 
     mortgages executed during fiscal year 1996 and in prior 
     years.


 changes to state of new york's community development block grant and 
                             home programs

       To ensure that the CDBG Small Cities program in the State 
     of New York is operated as efficiently as possible, the 
     conferees agree to limit the amount of funds made available 
     for multi-year commitments to 35 percent. Additionally, the 
     conferees agree to provide the State of New York's HOME funds 
     directly to the Chief Executive Officer of the State, to be 
     used in accordance with provisions of law.


                    minimum rent tenant protections

       The conferees agree that every public housing and section 8 
     housing resident who receives the benefit of housing 
     assistance should contribute at least $25 towards their rent. 
     There may be occasions, however, where families are 
     experiencing serious financial hardship and cannot afford 
     even the most minimal contribution. Therefore, a provision 
     has been added to allow the Secretary or a public housing 
     agency to waive the minimum rent requirement to provide a 
     transition period for affected families not to exceed three 
     months.
       The conferees have agreed to delete a provision proposed in 
     H.R. 2099 which would have directed the transfer of fair 
     housing enforcement responsibilities to the Department of 
     Justice.

                    TITLE III--INDEPENDENT AGENCIES

                       Department of the Treasury


           community development financial institutions fund

                            program account

       The conferees agree to provide $45,000,000, instead of 
     $50,000,000 as proposed by the Senate and $25,000,000 as 
     proposed by the House. The conferees also agree to remove 
     legislative provisions restricting the size of the staff for 
     this effort.

             Corporation for National and Community Service


       national and community service programs operating expenses

       Appropriates $400,500,000 for National and Community 
     Service Programs Operating Expenses as proposed by the 
     Senate, instead of termination, or $383,500,000 if offsetting 
     savings were found, as proposed by the House. The recommended 
     amount is $69,500,000 below the 1995 level and $416,976,000 
     below the budget request.
       The bill includes language eliminating grants to Federal 
     agencies. This will permit all money to be directed outside 
     of the Federal bureaucracy and should help reduce the cost 
     per participant.
       The conferees are aware of recent commitments by the 
     Corporation to improve the management of the AmeriCorps 
     program and reduce costs. In addition to eliminating grants 
     to federal agencies, such actions include decreasing the 
     reliance on federal funds by increasing the matching 
     requirement for private funds, reminding sponsors of all 
     prohibited activities, including lobbying and partisan 
     political activities, improving grant reviews, and expanding 
     efforts in program evaluation. It is the conferees' intent 
     that the appropriating and authorizing committees will 
     carefully monitor the Corporation's activities to ensure that 
     the agreed to reforms are carried out and to prevent any 
     abuses in the future.
       The conferees agree to include the Sense of the Congress 
     language proposed by the Senate. This language urges the 
     President to nominate expeditiously a Chief Financial Officer 
     and to implement as quickly as possible the recommendations 
     of the independent auditors to improve the financial 
     management of the Corporation's funds. The language also 
     urges the Corporation to submit a reprogramming proposal for 
     up to $3,000,000 to carry out financial management system 
     reforms if the Chief Financial Officer determines such 
     additional resources are needed.


                      office of inspector general

       Appropriates $2,000,000 for the Office of Inspector 
     General. The conferees expect that the Inspector General will 
     periodically report to the Congress on progress in improving 
     the Corporation's financial management systems and in 
     developing auditable financial statements.

                    Environmental Protection Agency


                         science and technology

       The conferees agree to a technical change to House Report 
     104-384 related to the Mine Waste Technology program. The 
     science and technology account includes $3,000,000 for this 
     program, in lieu of funding in the hazardous substance 
     superfund account.


                 environmental programs and management

       The conferees agree to provide $127,000,000 in addition to 
     the amount proposed for environmental programs and management 
     in H.R. 2099. Of this amount, the conferees agree that up to 
     $40,000,000 is available for enforcement activities.
       In 1994, under the U.S. Global Climate Change Action Plan, 
     the Administration approached developing countries about 
     undertaking joint activities to reduce global emissions. The 
     joint implementation project thus established encourages 
     partnerships between businesses and non-governmental 
     organizations in the United States and developing countries, 
     offering the potential to achieve greater emission reductions 
     worldwide than would be possible with each country acting 
     alone. Recognizing that meaningful near-term reductions in 
     greenhouse gas emissions can only be realized through 
     voluntary, public-private relationships such as the joint 
     implementation program, the conferees urge that from the 
     funds provided for the climate change action plan, the Agency 
     provide $3,000,000 for completion of climate change country 
     studies and development of developing country national action 
     plans and $7,000,000 for joint implementation plan 
     activities.


                        buildings and facilities

       The conferees agree to provide $50,000,000 in addition to 
     the amount proposed for buildings and facilities in H.R. 
     2099. This additional funding is for the first phase of 
     construction of a new consolidated research facility at 
     Research Triangle Park, North Carolina. The conferees agree 
     that the total construction cost for this new research 
     facility shall not exceed $232,000,000.


                     hazardous substance superfund

       The conferees agree to provide $150,000,000 in addition to 
     the amount proposed for hazardous substance superfund in H.R. 
     2099. The conferees agree that such additional funds, 
     $100,000,000 of which become available on September 1, 1996, 
     are for clean-up response and enforcement activities, subject 
     to normal reprogramming guidelines. The conferees agree that 
     $2,000,000 of this additional amount is for worker training 
     grants under NIEHS, bringing this program to $18,500,000 for 
     fiscal year 1996.


                   state and tribal assistance grants

       The conferees agree to provide $490,000,000 in addition to 
     the amount proposed for environmental programs and 
     infrastructure assistance under state and tribal assistance 
     grants in H.R. 2099. Of this additional amount, $448,500,000 
     is for capitalization grants, $3,500,000 is for a water 
     distribution system grant in the South Buffalo/Kittaning 
     area, Pennsylvania, $25,000,000 is for a special projects 
     grant for Boston Harbor for a total of $50,000,000 in fiscal 
     year 1996, and $13,000,000 is for a construction grant for 
     wastewater treatment facilities in Watertown, South Dakota. 
     Of the $448,500,000, $225,000,000 is for Safe Drinking Water 
     State Revolving Fund capitalization grants which, added to 
     the $275,000,000 proposed in H.R. 2099 and the $225,000,000 
     provided in previous appropriations acts, brings the total 
     available for the Safe Drinking Water SRF to $725,000,000. 
     All of these funds shall be available if authorization for 
     such SRF is enacted prior to August 1, 1996, however, if no 
     such authorization is enacted prior to August 1, 1996, these 
     funds will become available for wastewater capitalization 
     grants.
       The conferees understand the Agency has convened a federal 
     advisory committee to address water pollution issues related 
     to wet weather. The conferees believe that EPA should take 
     advantage of the many stakeholders concerned about stormwater 
     at the table and use this opportunity to see if these 
     participants can reach consensus on a simplified, 
     environmentally protective, workable, cost-effective 
     stormwater program for municipalities regardless of 
     population and all entities whether or not they are already 
     covered under the Phase I NPDES program.
       Finally, the conferees note that $700,000 of funds proposed 
     in H.R. 2099 for Manns Choice and $100,000 of funds proposed 
     in H.R. 2099 for Taylor Township, Pennsylvania, be used for 
     wastewater treatment facility improvements in Juniata Terrace 
     Borough, Mifflin County, Pennsylvania ($250,000) and 
     Curwensville Borough-Pike Township, Clearfield County, 
     Pennsylvania ($150,000) and for combined sewer overflow 
     improvements for Logan Township, Blair County, Pennsylvania 
     ($400,000).


                       administrative provisions

       The conferees have included bill language in section 304 
     which transfers real property located in Bay City, Michigan 
     to the City of Bay City or another municipal entity. In 
     addition, up to $3,000,000 of previously appropriated funds 
     shall be provided to the recipient of such real property for 
     necessary environmental remediation and rehabilitation costs 
     of the property. It is the intent of the Conferees that the 
     recipient of the property shall accept full responsibility 
     for compliance with any applicable environmental conditions 
     and that the Agency's liability shall terminate upon 
     transfer.
       The conferees have agreed to delete a provision proposed in 
     H.R. 2099 which prohibited the use of funds to implement 
     section 404(c)

[[Page H4036]]

     of the Federal Water Pollution Control Act, as amended.

                   Executive Office of the President


  council on environmental quality and office of environmental quality

       The conferees agree to provide $1,150,000 in addition to 
     the amount proposed in H.R. 2099, for a fiscal year 1996 
     total of $2,150,000 for CEQ. The conferees agree that CEQ and 
     OEQ should not augment their workforce by utilizing personnel 
     paid for by appropriations provided to any other Federal 
     agency or department.

                Department of Health and Human Services


                       office of consumer affairs

       The conferees have agreed to provide $1,800,000 for the 
     Office of Consumer Affairs. Neither the House or the Senate 
     had included this funding in the bill.

             National Aeronautics and Space Administration

       The conferees agree to provide $83,000,000 for Science, 
     Aeronautics and Technology in addition to the amounts 
     proposed H.R. 2099. Distribution of the additional funding is 
     to be addressed in the NASA operating plan for fiscal year 
     1996 and is subject to final approval by the Committees on 
     Appropriations of the House and Senate.
       The conferees do not agree that all NASA aircraft 
     consolidation should be held in abeyance pending the final 
     reports of the NASA Inspector General and the General 
     Accounting Office as proposed by the Senate. The conferees 
     note that in a letter dated March 8, 1996, the Inspector 
     General endorsed an alternative aircraft consolidation plan 
     which would leave in place five aircraft currently based at 
     Lewis Research Center, Langley Research Center, and Wallops 
     Island. Therefore, the conferees agree that the consolidation 
     of these aircraft should await final resolution of the issues 
     addressed in the initial report by the NASA Inspector General 
     with regard to consolidation savings.
       The conferees are concerned with NASA's unexpected recent 
     announcement regarding additional and accelerated personnel 
     reductions at NASA headquarters. This announcement was made 
     without prior consultation with the Congress. The proposed 
     reduction is disproportionately excessive relative to the 
     aggregate funding profile for this agency. Such substantial 
     staffing reduction may jeopardize NASA's ability to manage 
     adequately programs of continuing priority to the Congress 
     and the Nation. Therefore, the conferees direct NASA to 
     suspend immediate implementation of the administrative steps 
     to execute this proposed reduction-in-force, pending full 
     consideration by the Congress of the agency's budget for 
     fiscal year 1997.
       The conference agreement also includes two new 
     administrative provisions. The first provision ensures that 
     section 212 of Public Law 104-99 remains in effect as if 
     enacted as part of this Act. The second new provision urges 
     NASA to fund Phase A studies for a radar satellite 
     initiative.

                      National Science Foundation

       The conferees agree to provide an additional $40,000,000 
     for Research and Related Activities for the National Science 
     Foundation. The effect of this adjustment is a net reduction 
     of $140,000,000 from the budget request as compared to a 
     reduction of $180,000,000 proposed in H.R. 2099.

                      TITLE V--GENERAL PROVISIONS

       The conference agreement includes a general provision which 
     supersedes section 201(b) of Public Law 104-99.

                 TITLE II--SUPPLEMENTAL APPROPRIATIONS

                               Chapter 1

      DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
                  ADMINISTRATION, AND RELATED AGENCIES

                       Department of Agriculture


                   Food Safety and Inspection Service

       The conferees retain bill language included by the Senate 
     to earmark funds appropriated to the Food Safety and 
     Inspection Service for in-plant inspection personnel. The 
     House-passed bill contained no similar provision. Providing 
     sufficient funds to fully cover the salaries and expenses of 
     in-plant inspections mandated by current law was the priority 
     of Congress in the fiscal year 1996 appropriations Act. The 
     conferees regret that it has become necessary to earmark 
     funds for in-plant inspector salaries and expenses, but 
     because the agency could not provide assurances that it would 
     fulfill the intent of Congress, the conferees found this as 
     the only alternative available.


                 natural resources conservation service

               watershed and flood prevention operations

       The conference agreement provides a supplemental 
     appropriation of $80,514,000 for Watershed and Flood 
     Prevention Operations to repair damages to waterways and 
     watersheds resulting from flooding in the Pacific Northwest, 
     the Northeast blizzards, floods, and other natural disasters 
     instead of $73,200,000 as proposed by the House and 
     $107,514,00 as proposed by the Senate. The conferees 
     encourage the Department, when repairing projects with funds 
     appropriated for Emergency Watershed and Flood Prevention 
     Operations, to do so with the intent of minimizing future 
     costs and flooding.
       The conference agreement provides that the entire amount 
     shall be available only to the extent that an official budget 
     request for $80,514,000 is submitted that includes 
     designation of the entire amount as an emergency requirement.
       The conference agreement also provides that if the 
     Secretary of Agriculture determines that the cost of land and 
     restoration of farm structures exceeds the fair market value 
     of affected cropland, the Secretary may use sufficient 
     amounts ``not to exceed $7,288,000' from funds provided under 
     this heading to accept bids from willing sellers to provide 
     conservation easements for cropland inundated by floods, as 
     provided for by the Wetlands Reserve Program.


                    consolidated farm service agency

                     emergency conservation program

       The conference agreement provides a supplemental 
     appropriation of $30,000,000 for the Emergency Conservation 
     Program for expenses resulting from floods in the Pacific 
     Northwest and other natural disasters as proposed by the 
     Senate instead of $24,800,000 as proposed by the House.
       The conference agreement does not include a provision 
     proposed by the Senate that the entire amount be available 
     subject to an official budget request from the 
     Administration.


            rural housing and community development service

              rural housing insurance fund program account

       The conference agreement provides a supplemental 
     appropriation of $5,000,000 for section 502 direct loans and 
     $1,500,000 for section 504 housing repair loans for emergency 
     expenses resulting from flooding in the Pacific Northwest, 
     the Northeast blizzards and floods, Hurricane Marilyn, and 
     other natural disasters as proposed by the Senate. The House 
     bill proposed a total of $6,500,000 for both section 502 
     direct loans and section 504 housing repair loans.
       The conference agreement provides that funds be used for 
     the cost of modifying loans as defined in section 502 of the 
     Congressional Budget Act of 1974 as proposed by the House.
       The conference agreement does not include a provision 
     proposed by the Senate that the entire amount be available 
     subject to an official budget request from the 
     Administration.


                 very low-income housing repair grants

       The conference agreement provides a supplemental 
     appropriation of $1,100,000 for emergency expenses resulting 
     from flooding in the Pacific Northwest, the Northeast 
     blizzards and floods. Hurricane Marilyn, and other natural 
     disasters as proposed by both the House and Senate. The 
     conference agreement does not include a provision proposed by 
     the Senate that the entire amount be available subject to an 
     official budget request from the Administration.


                        rural utilities service

                   rural utilities assistance program

       The conference agreement provides a supplemental 
     appropriation of $11,000,000 for direct loans and grants of 
     the Rural Utilities Assistance Program and the Emergency 
     Community Water Assistance Program to assist in the recovery 
     from flooding in the Pacific Northwest and other natural 
     disasters as proposed by the Senate. The House bill proposed 
     separate appropriations of $5,000,000 for the Emergency 
     Community Water Assistance Program and $6,000,000 for the 
     Rural Utilities Assistance Program. The conference agreement 
     also provides that funds be used for the cost of modifying 
     loans as defined in section 502 of the Congressional Budget 
     Act of 1974 as proposed by the House.
       The conference agreement does not include a provision 
     proposed by the Senate that the entire amount be available 
     subject to an official budget request from the 
     Administration.


                      commodity credit corporation

              emergency livestock feed assistance program

       The conference agreement does not provide $10,000,000 of 
     Commodity Credit Corporation funds for cost-sharing 
     assistance under provisions consistent with the Emergency 
     Livestock Feed Assistance Program as proposed by the House. 
     The Senate bill contained no similar provision. The 
     Department has indicated that livestock producers who are 
     eligible for cost-sharing assistance under the Emergency 
     Livestock Feed Assistance Program will continue to be 
     eligible for this assistance provided a valid contract for 
     this program has been signed prior to enactment of new 
     legislation.


                  supplemental and rescission requests

       As part of its fiscal year 1996 supplemental and rescission 
     requests, the Administration proposed a rescission of 
     $12,000,000 from Cooperative State Research, Education, and 
     Extension Service, Buildings and Facilities, and supplemental 
     requests of $2,500,000 for the U.S.-Israel Binational 
     Agricultural Research and Development Fund program and 
     $9,500,000 for the Food Safety and Inspection Service. The 
     conference agreement does not include these proposals.


                           general provisions

       The conference agreement deletes the administrative 
     provision proposed by the Senate that would have allowed the 
     Secretary to transfer funds provided in this Chapter between 
     accounts included in this Chapter. The House bill contained 
     no similar provision.


                             seafood safety

       The conference agreement provides that any domestic fish or 
     fish product produced in

[[Page H4037]]

     compliance with food safety standards or procedures accepted 
     by the Food and Drug Administration shall be deemed to have 
     met any inspection requirements of the Department of 
     Agriculture or other Federal agency for any Federal commodity 
     purchase program, and that the Department or other Federal 
     agency may utilize lot inspection to establish a reasonable 
     degree of certainty that such fish or fish product meets 
     Federal product specifications as proposed by the Senate. The 
     House bill contained no similar provision.


                               farm loans

       The conference agreement includes language that allows the 
     Department of Agriculture to make or guarantee an operating 
     or an emergency loan to a loan applicant who was less than 90 
     days delinquent on April 4, 1996, if the loan applicant had 
     submitted an application for the loan prior to April 5, 1996. 
     The recently enacted Federal Agriculture Improvement and 
     Reform Act altered conditions under which loans could be made 
     at the time of enactment. This provision allows those 
     borrowers, whose application had been submitted, to complete 
     the process. The provision also provides that no applicant 
     may be more than 90 days delinquent.

                               Chapter 1A

                Department of Health and Human Services


                      food and drug administration

                      food and drug export reform

       The conference agreement includes a modification of 
     language included in both the House and Senate versions of 
     the bill allowing the export of certain unapproved drugs, 
     biologicals, animal drugs, and medical devices. The provision 
     allows pharmaceuticals and medical devices not approved in 
     the United States to be exported to any country in the world 
     if the product complies with the laws of that country and has 
     valid marketing authorization in one of the following 
     countries: Australia; Canada; Israel; Japan; New Zealand; 
     Switzerland; South Africa; or the European Union or a country 
     in the European Economic Area. The Secretary is given 
     authority to add countries to the list based on criteria set 
     forth in the conference agreement.
       The conference agreement also sets forth criteria upon 
     which the Secretary may allow direct export of a drug not 
     first approved in one of the listed countries. However, 
     devices were not included because under current law devices 
     may be exported to any country after the Secretary determines 
     that the export of the device is not contrary to public 
     health and the import is permitted into the importing 
     country. In addition, the conference agreement sets forth 
     conditions under which the Secretary may approve the export 
     of a drug or device which is used for tropical diseases or 
     other diseases not of significant prevalence in the United 
     States. To approve an application under this section, the 
     Secretary must find that the medical product will not expose 
     patients to an unreasonable risk of illness or injury and 
     that the probable health benefits outweigh the risk of injury 
     or illness, taking into account currently available 
     treatments and their economic accessibility.
       In general, a medical product may not be exported under 
     this provision unless it is unadulterated, accords to the 
     specifications of the foreign manufacturer, complies with the 
     laws of the importing country, is labeled for export, and is 
     not sold in the U.S. The drug or device must be manufactured 
     in substantial conformity with good manufacturing practices 
     applicable to that specific product or else be in compliance 
     with recognized international standards. The Secretary may 
     prohibit exports of products which are found to pose an 
     imminent hazard.
       Any person who exports a drug or device may request the 
     Secretary of Health and Human Services to certify in writing 
     that the exportation is legal. A fee of up to $175 is 
     authorized for issuance of each written export certification. 
     The conferees intend that fees be established on a sliding 
     scale to minimize the impact on small business.


                   import components used for export

       The conference agreement also allows import of certain 
     articles, which cannot now be lawfully imported, used in the 
     manufacture of drugs, biological products, devices, foods 
     (including dietary supplements), food additives, and color 
     additives if the finished products are then exported. Under 
     this provision, importers must provide the Secretary of 
     Health and Human Services with notification of the initial 
     importation, maintain records of such imports, and destroy 
     any component not used in an exported product. The agreement 
     also allows import of certain blood and tissue products 
     provided they comply with the Public Health Service Act 
     requirements, or the Secretary allows such imports. The 
     Secretary could make such a determination, for example, where 
     a blood component is imported from a country which has laws 
     and regulations relating to the collection and processing of 
     blood; the products are in compliance with such requirements; 
     the importer assures that such products are segregated from 
     U.S. products, that contamination of equipment is prevented, 
     and that records are maintained and made available to the 
     Secretary to verify such assurances; and that the importer 
     performs such tests as the Secretary may require.


                            patent extension

       The conference agreement includes a provision that would 
     extend a patent on a nonsteroidal anti-inflammatory drug. 
     Congressional hearings held on this issue support the claims 
     that the Food and Drug Administration took an unreasonable 
     length of time in the approval process for this drug. The 
     provision provides a two year extenstion.

                               CHAPTER 2

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

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration


                economic development assistance programs

       The conference agreement includes $18,000,000 for emergency 
     expenses related to recovery and mitigation efforts 
     associated with flooding in the Pacific Northwest and other 
     disasters, to remain available until expended and to be 
     available only pursuant to an official budget request that 
     declares the funds to be emergency. The Senate bill proposed 
     $25,000,000 for emergency expenses resulting from flooding, 
     and $2,500,000 to be transferred to Salaries and Expenses. 
     The House bill contained no similar provision.

            National Oceanic and Atmospheric Administration


                              construction

       The conference agreement includes $7,500,000 in emergency 
     funds for the National Oceanic and Atmospheric 
     Administration's (NOAA) ``Construction'' account. The House 
     bill provided no funds for this purpose; the Administration 
     request was $10,000,000. These funds are to support the 
     immediate repair of fish hatcheries along the Columbia River 
     which experienced severe damage from the recent flooding in 
     the Northwest.
       The conferees note that the National Marine Fisheries 
     Service funds the Mitchell Act Hatcheries. If additional 
     funds are needed for repairs in this instance, the conferees 
     understand that funds are available within existing amounts 
     at the Federal Emergency Management Administration (FEMA) and 
     would encourage FEMA to give every consideration to 
     applications received in relation to this flood damage.

                DEPARTMENT OF STATE AND RELATED AGENCIES

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    diplomatic and consular programs

       The conference agreement includes no emergency funding for 
     State Department operations to offset operating costs being 
     incurred in Bosnia as a result of the Dayton Accords, as 
     proposed by the Senate. The House bill included $2,000,000.

                            RELATED AGENCIES

                    United States Information Agency


                         salaries and expenses

       The conference agreement includes no emergency funding for 
     United States Information Agency operations to offset 
     operating costs being incurred in Bosnia as a result of the 
     Dayton Accords, as proposed by the Senate. The House bill 
     included $1,000,000.

                             RELATED AGENCY

                     Small Business Administration


                     disaster loans program account

       The conference agreement provides $71,000,000 for subsidy 
     costs associated with the SBA Disaster Loans Program, instead 
     of $72,300,000 as proposed by the House and $69,700,000 as 
     proposed by the Senate, as an emergency appropriation to 
     remain available until expended, to allow for additional loan 
     volume in response to declared disasters.
       In addition, the conferees have included $29,000,000, for 
     administrative expenses under this account, instead of 
     $27,700,000 as proposed by the House and $30,300,000 as 
     proposed by the Senate, as an emergency appropriation to 
     remain available until expended, to support SBA's disaster 
     activities in response to declared disasters.
       The conferees are concerned about the manner in which SBA 
     budgets for, and administers, disaster assistance funds. The 
     conferees are disturbed that during development of the 
     supplemental funding requirements, SBA identified $79,000,000 
     in unspent prior year funding not previously known to SBA. In 
     addition, SBA indicated a shortfall in disaster 
     administrative expenses, even though the conferees had 
     already fully funded SBA's request for these expenses. The 
     conferees expect disaster funding to be used only for the 
     purpose for which it was provided, and to accurately budget 
     for and administer these funds.
       Therefore, the conferees direct the SBA to provide, not 
     later than May 30, 1996, a report to the House and Senate 
     Appropriations Committees on the obligation of administrative 
     expenses funding to date in fiscal year 1996, and to provide 
     an updated report on August 15, 1996. These reports should 
     identify the following: (1) each headquarters' office 
     receiving administrative funding, the total funding provided, 
     and the number of FTE supported: (2) the total funding and 
     FTE (permanent and temporary) provided to each field 
     location, the date the field location was established, the 
     expected duration of employment for temporary employees for 
     each location, and the expected termination date for each 
     location; and (3) the total loan volume by location.

[[Page H4038]]

                               CHAPTER 3

                      Department of Defense--Civil

                         Department of the Army


                       corps of engineers--civil

                         general investigations

       The conference agreement includes language contained in 
     section 3007 of the Senate bill to permit the Secretary of 
     the Army to utilize funds previously appropriated for the St. 
     Louis Harbor, Missouri, project for the Upper Mississippi 
     River and Illinois Waterway navigation study. The conferees 
     agree that they will work to restore funds to the St. Louis 
     Harbor project in the future as needed.


                   operation and maintenance, general

       The conference agreement includes $30,000,000, the same as 
     the budget request, for the repair of damages to Corps of 
     Engineers projects caused by severe flooding in the Northeast 
     and Northwest as proposed by the House and the Senate. The 
     conferees have also agreed to adopt the language contained in 
     the House bill.


                 flood control and coastal emergencies

       The conference agreement includes $135,000,000, the same as 
     the budget request and the amount proposed by the House and 
     the Senate, for the Corps of Engineers to repair damage to 
     non-Federal levees and other flood control works located in 
     states affected by the Northeast and Northwest floods of 1996 
     and other natural disasters, and to replenish funds 
     transferred from other accounts for emergency work pursuant 
     to the authority of the Secretary of the Army contained in 
     Public Law 84-99. The conferees have also agreed to adopt the 
     language contained in the House bill.

                       Department of the Interior


                         bureau of reclamation

                          construction program

       The conference agreement includes $9,000,000, the same as 
     the budget request and the amount proposed by the House and 
     the Senate, for the Bureau of Reclamation to continue 
     emergency repairs at Folsom Dam in California. The conferees 
     have also agreed to delete funding requested by the President 
     and proposed by the Senate for the payment of claims 
     associated with flooding in March of 1995 in California's San 
     Joaquin Valley.

                          Department of Energy


                    atomic energy defense activities

                        other defense activities

       The conference agreement includes an additional $15,000,000 
     to accelerate activities in the Materials Protection, Control 
     and Accounting program to improve facilities and institute 
     national standards to secure stockpiles of weapons usable 
     fissible materials in Russia and the Newly Independent 
     States. No similar provision was included in the House bill, 
     the Senate bill, or the budget request.

                    Power Marketing Administrations


 construction, rehabilitation, operation and maintenance, western area 
                          power administration

                          (transfer of funds)

       The conference agreement provides for the transfer of 
     $5,500,000 from this account to the account ``Operation and 
     Maintenance, Alaska Power Administration'', as proposed by 
     the House bill and budget request, only for necessary 
     termination expenses of the Alaska Power Administration. The 
     Senate bill did not contain this provision.

                  Federal Energy Regulatory Commission

       The conference agreement deletes language contained in 
     section 3017 of the Senate bill providing for a limited 
     waiver of annual charges for the Flint Creek Project in 
     Montana.

                               CHAPTER 4

       Foreign Operations, Export Financing, and Related Programs


                  funds appropriated to the president

                          unanticipated needs

      unanticipated needs for defense of israel against terrorism

       The conference agreement provides $50,000,000 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 as proposed by the Senate. The conferees 
     further agree that none of the funds appropriated in this 
     paragraph shall be made available except through the regular 
     notification procedures of the Committee on Appropriations. 
     The conferees expect the aid to be provided consistent with 
     information transmitted to the Committees on Appropriations 
     in a classified document on March 25, 1996. The House bill 
     contained no similar provision.


                          military assistance

                   foreign military financing program

       The conference agreement provides $70,000,000 for grant 
     Foreign Military Financing for Jordan as proposed by both the 
     House and Senate. The conference agreement also provides that 
     such funds may be used for Jordan to finance transfers by 
     lease of defense articles under chapter 6 of the Arms Export 
     Control Act. These funds will be used to support the transfer 
     of 16 F-16 fighter aircraft to the Government of Jordan. The 
     conferees also note that the overall downsizing of the U.S. 
     defense industry is costing thousands of American defense-
     related jobs. The conferees therefore direct the Department 
     of Defense to give priority consideration to American defense 
     firms in awarding contracts for upgrades and other major 
     improvements to these aircraft prior to their delivery to the 
     Government of Jordan.

                               CHAPTER 5

            Department of the Interior and Related Agencies

       Agency Priorities. The managers have not agreed to 
     statutory language, proposed by the Senate in section 1203 of 
     Title II, chapter 12, which would have mandated the 
     allocation of emergency supplemental funds based on agency 
     prioritization processes. The managers understand that the 
     initial estimates of emergency requirements that have been 
     provided are based on very preliminary information and that 
     those initial estimates, because of time constraints, may not 
     have included every project which needs to be addressed. The 
     managers expect each agency to develop on-the-ground 
     estimates of all its natural disaster related needs and to 
     address these needs consistent with agency priorities.
       Contingent Appropriations. The availability of those 
     portions of the appropriations detailed in this chapter that 
     are in excess of the Administration's budget request for 
     emergency supplemental appropriations are contingent upon 
     receipt of a budget request that includes a Presidential 
     designation of such amounts as emergency requirements as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended.

                       Department of the Interior


                       bureau of land management

                        construction and access

       An additional $5,000,000 in emergency supplemental 
     appropriations for Construction and Access is made available 
     as proposed by the Senate instead of $4,242,000 as proposed 
     by the House. Of this amount, $758,000 is contingent upon 
     receipt of a budget request that includes a Presidential 
     designation of such amount as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended.


                   oregon and california grant lands

       An additional $35,000,000 in emergency supplemental 
     appropriations for Oregon and California Grant Lands is made 
     available as proposed by the Senate instead of $19,548,000 as 
     proposed by the House. Of this amount, $15,452,000 is 
     contingent upon receipt of a budget request that includes a 
     Presidential designation of such amount as an emergency 
     requirement as defined in the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.


                united states fish and wildlife service

                          resource management

       An additional $1,600,000 in emergency supplemental 
     appropriations for Resource Management is made available as 
     proposed by the Senate instead of no funding as proposed by 
     the House. The entire amount is contingent upon receipt of a 
     budget request that includes a Presidential designation of 
     such amount as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.


                              construction

       An additional $37,300,000 in emergency supplemental 
     appropriations for Construction is made available as proposed 
     by the Senate instead of $20,505,000 as proposed by the 
     House. Of this amount, $16,795,000 is contingent upon receipt 
     of a budget request that includes a Presidential designation 
     of such amount as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.
       The managers have neither agreed to bill language, proposed 
     by the Senate, earmarking specific funds for Devils Lake, ND 
     nor to report language earmarking funds for other locations. 
     The Service should carefully consider the needs at Devils 
     Lake, ND and at Kenai, AK as it allocates funds.


                         national park service

                              construction

       An additional $47,000,000 in emergency supplemental 
     appropriations for Construction is made available as proposed 
     by the Senate instead of $33,601,000 as proposed by the 
     House. Of this amount, $13,399,000 is contingent upon receipt 
     of a budget request that includes a Presidential designation 
     of such amount as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.


                    united states geological survey

                 surveys, investigations, and research

       An additional $2,000,000 in emergency supplemental 
     appropriations for Surveys, Investigations, and Research is 
     made available as proposed by the Senate instead of 
     $1,176,000 as proposed by the House. Of this amount, $824,000 
     is contingent upon receipt of a budget request that includes 
     a Presidential designation of such amount as an emergency 
     requirement as defined in the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

                               CHAPTER 6

                         Department of Defense


                         military construction

     north atlantic treaty organization security investment program

       The conference agreement includes an additional $37,500,000 
     for the NATO Security Investment Program, as provided in both 
     the

[[Page H4039]]

     House and Senate bills. In addition, the conference agreement 
     includes rescissions totaling $37,500,000 to offset this 
     additional appropriation, as explained in Title III of this 
     report.


                           general provision

       The conferees agree to language proposed by the Senate 
     which gives the Secretary of the Army discretionary authority 
     to convey approximately five acres of land in Hale County, 
     Alabama. The House bill contained no similar provision.

                               CHAPTER 7

                    DEPARTMENT OF DEFENSE--MILITARY

                      SUPPLEMENTAL APPROPRIATIONS

       The House recommended a total of $782,500,000, designated 
     as emergency appropriations pursuant to the Budget Act, for 
     additional incremental U.S. military costs associated with 
     the Bosnia operation, including the NATO-led Peace 
     Implementation Force (IFOR) and Operation Deny Flight. The 
     Senate recommended $777,700,000 in new appropriations, none 
     of which were designated emergency. The House and Senate each 
     fully offset their respective supplemental funding through 
     rescissions of funds previously provided in Department of 
     Defense Appropriations Acts.
       The conference agreement provides a total of $820,000,000, 
     all designated as emergency appropriations. This amount is 
     fully offset by rescissions contained in Title III, Chapter 6 
     of the conference agreement. A summary of the conference 
     agreement by appropriations account is as follows:

                         [Dollars in thousands]                         
------------------------------------------------------------------------
            Account              Request    House    Senate   Conference
------------------------------------------------------------------------
Military Personnel:                                                     
  Army........................   244,400   262,200   244,400    257,200 
  Navy........................    11,700    11,800    11,700     11,700 
  Marine Corps................     2,600     2,700     2,600      2,600 
  Air Force...................    27,300    33,700    27,300     27,300 
  Total.......................   286,000   310,400   286,000    298,800 
Operation and Maintenance:                                              
  Army........................    48,200   235,200   195,000    241,500 
  Marine Corps................       900       900       900        900 
  Air Force...................   141,600   130,200   190,000    173,000 
  Defense-wide................    79,800    79,800    79,800     79,800 
  Total.......................   270,500   446,100   465,700    495,200 
Procurement:                                                            
  Other Procurement, Air Force    26,000    26,000    26,000     26,000 
      Grand Total.............   582,500   782,500   777,700    820,000 
------------------------------------------------------------------------

                           MILITARY PERSONNEL

       The conference agreement recommends a total of $298,800,000 
     for costs of active and reserve military personnel pay and 
     allowances. The conferees believe they have met the most 
     urgent military personnel requirements for the Bosnia 
     operation, and expect the Department to keep the Committees 
     on Appropriations advised of any revisions to these 
     estimates.

                       OPERATION AND MAINTENANCE

       The Department of Defense requested a total of $270,500,000 
     for operation and maintenance to fund the incremental costs 
     of U.S. participation in the NATO-led Bosnia Peace 
     Implementation Force (IFOR). The conferees recommend 
     $495,200,000, an increase of $224,700,000 above the 
     supplemental request, to provide for additional requirements 
     of the Army and the Air Force.

                              PROCUREMENT

                       Composite Shaft Fairwaters

       The Department of Defense Appropriations Act for Fiscal 
     Year 1996 contained $3,000,000 in ``Other Procurement, Navy'' 
     for procurement of composite shaft fairwaters for CG-47 
     cruisers. The Navy recently conducted testing of composite 
     shaft fairwaters and demonstrated extended life, reduced 
     maintenance, and improved capability for removing fairwaters 
     while a ship is waterborne. The Navy concluded, however, that 
     the most-cost effective approach is to incorporate this new 
     technology into Aegis destroyers while under construction 
     rather than to retrofit Aegis cruisers. The conferees 
     therefore direct the Under Secretary of Defense (Comptroller) 
     to submit a fiscal year 1996 transfer of $3,000,000 from 
     ``Other Procurement, Navy'' to Shipbuilding and Conversion, 
     Navy'' using standard reprogramming procedures.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Ballistic Missile Defense Management and Support

       The conferees note that a total increase to the budget of 
     $528,939,000 was provided for Ballistic Missile Defense 
     programs in the Department of Defense Appropriations Act, 
     1996. This total included a recommendation contained in the 
     National Defense Authorization Act, 1996, which cut 
     $30,000,000 from the Ballistic Missile Defense Organization's 
     (BMDO) Program Management and Support program element.
       In executing the additional tasks and responsibilities 
     required by the fiscal year 1996 program funding increases, 
     it has become clear that the burden on the BMDO Program 
     Management and Support program element has actually 
     increased. To minimize this impact, Congressional action to 
     date in proposed reprogrammings and rescissions has rejected 
     the application of any inflation reductions to BMDO accounts. 
     This bill includes a provision which further prohibits the 
     application of any portion of the proposed inflation 
     reductions against BMDO program elements.
       However, these restorations still leave BMDO with the 
     challenge of managing activities in the appropriate program 
     elements Therefore, the conferees hereby restore the 
     $30,000,000 reduction made to the Program Management and 
     Support program element. BMDO shall internally manage this 
     restoration by reallocating funds preciously identified as 
     excess because of decreased inflation estimates. The 
     inflation decreases shall be applied proportionally to each 
     BMDO RDT&E program element and project. The Director, BMDO, 
     shall provide the congressional defense committees a 
     statement detailing the specific decreases as applied to all 
     program elements.

               Defense Advanced Research Projects Agency

       The conferees direct that $500,000 of the funds provided 
     for the Defense Advanced Research Projects Agency may be 
     available to purchase photographic technology to support 
     research in detonation physics. The director of Defense 
     Research and Engineering shall provide the congressional 
     defense committees with a plan for the acquisition and use of 
     this instrument no later than may 29, 1996.

             Joint DOD-DOE Munitions Technology Development

       The conferees direct that $2,000,000 of the fiscal year 
     1996 funds allocated to the Joint DOD-DOE Munitions 
     Technology Development program element shall be used to 
     develop and test an open-architecture machine tool 
     controller.

                  Electronic Commerce Resource Centers

       The FY 1996 Defense Appropriations conference agreement 
     directed the transfer of the managerial responsibility for 
     the Electronic Commerce Resource Centers program to the 
     Defense Logistics Agency. Information from the Department has 
     subsequently come to the conferees' attention indicating that 
     the next implementation stage for this program can best be 
     accomplished under the direction of Deputy Under Secretary of 
     Defense for Logistics. The conferees endorse such action and 
     direct that a transfer of ECRC managerial responsibility to 
     the Deputy Under Secretary of Defense for Logistics be 
     accomplished expeditiously under the overall program guidance 
     expressed in the FY 1996 Defense Appropriations conference 
     report.

                           GENERAL PROVISIONS

                       General Transfer Authority

       Section 2701 of the conference agreement amends both House 
     and Senate provisions regarding the amount of additional 
     transfer authority provided under Section 8005 of the 
     Department of Defense Appropriations Act for Fiscal Year 
     1996, by providing $700,000,000 in additional transfer 
     authority. The conferees direct that the additional transfer 
     authority provided herein shall be available only to the 
     extent funds are transferred, or have been transferred during 
     the current fiscal year to cover costs associated with United 
     States military operations in support of the NATO-led Peace 
     Implementation Force (IFOR) in and around the former 
     Yugoslavia.

                             F-15E Aircraft

       The conference agreement includes a technical amendment 
     (Section 2702) requested by the Department of Defense and 
     contained in the Senate bill, which is needed to permit the 
     obligation of funding which was both authorized and 
     appropriated in fiscal year 1996 for the procurement and 
     advance procurement of F-15E aircraft.

                       C-17 Multiyear Procurement

       The conferees strongly support the multiyear procurement of 
     eighty C-17 advanced transport aircraft and have agreed to 
     bill language (Section 2703) authorizing the Air Force to 
     begin a seven-year multiyear program.
       However, the conferees also agree that additional savings 
     potentially can be generated from an accelerated multiyear 
     procurement of the C-17 over six program years. Therefore, 
     Section 2703 also directs the Secretary of Defense to enter 
     into negotiations with the C-17 aircraft and engine prime 
     contractors for contract alternatives for multiyear 
     procurement over a six-year period.
       The conference agreement prevents the exercise of the 
     multiyear authority until the Secretary of Defense certifies 
     that the Air Force will save more than 5 percent in the price 
     for eighty C-17 aircraft under a multiyear contract as 
     compared to annual lot procurement. The savings must exceed 
     the total amount of $895.3 million shown in the ``Multiyear 
     Procurement Criteria Program: C-17'' document submitted to 
     the Appropriations Committees on February 29, 1996.
       In calculating the savings from the multiyear proposals, 
     the conferees direct that the weapon system budget estimates 
     submitted with the C-17 multiyear procurement exhibits be 
     used as the baseline. The conferees also direct that in 
     conjunction with the certification required by section 
     2703(c) of the C-17 multiyear bill language, the Secretary of 
     Defense shall submit a new multiyear justification exhibit 
     package which reflects the additional savings achieved over 
     the original multiyear proposal submitted by the 
     Administration.
       The conferees believe that the seven-year authority should 
     enable the Air Force to generate savings significantly in 
     excess of the $895.3 million reflected in the original 
     multiyear proposal. It is the conferees' intent that the 
     additional savings should be realized from multiyear 
     contracts currently being negotiated. In addition, the 
     conferees believe that a six-year multiyear plan has the 
     potential to generate even greater savings.
       The conferees also agree to provisions delaying the 
     exercise of the multiyear authority to the earlier of May 24, 
     1996, or the day

[[Page H4040]]

     after enactment of a subsequent Act authorizing entry into a 
     C-17 multiyear contract. The Secretary of Defense also is 
     required to provide a detailed program plan for a six-year 
     multiyear procurement by May 24, 1996.

                                SEMATECH

       Section 2704 of the conference agreement amends a Senate 
     amendment and provides $50,000,000 for SEMATECH. This amount 
     is fully offset by rescissions in Title III, Chapter 6 of the 
     conference report.

             Overseas Humanitarian, Disaster, and Civic Aid

       The conference agreement includes Section 2705, as proposed 
     by the Senate, which provides authority to transfer up to 
     $15,000,000 in support of specific activities associated with 
     humanitarian assistance activities related to landmines.

                  Environmental Restoration Activities

       Section 2706 of the conference agreement amends a Senate 
     provision making $15,000,000 of ``Operation and Maintenance, 
     Army'' funding available in order to complete the Army's 
     remaining environmental remediation activities in recognition 
     of its 1988 agreement with National Presto Industries, Inc.

                DISCHARGE OF HIV-POSITIVE SERVICEMEMBERS

       Section 2707 of the conference agreement includes a Senate 
     provision regarding the discharge of HIV-positive 
     servicemembers.

                          B-52 Force Structure

       Section 2708 of the conference agreement amends a Senate 
     provision and adds $44,900,000 to ``Operation and 
     Maintenance, Air Force'' for the operation and maintenance of 
     94 B-52H bomber aircraft in active status or in attrition 
     reserve. This amount is fully offset by rescissions in Title 
     III, Chapter 6 of the conference report. The conferees 
     express their intent to not recommend additional funding for 
     B-52 aircraft in excess of the Air Force's stated 
     requirements unless the Air Force revises its bomber force 
     inventory estimates.

                          Mine Countermeasures

       Section 2709 of the conference agreement includes an 
     additional $10,000,000 for Shallow Mine Countermeasure 
     Demonstrations. This restores a general reduction made to 
     this account earlier in fiscal year 1996. These additional 
     funds are fully offset by rescissions in Title III, Chapter 6 
     of the conference report. The conferees believe the navy has 
     recently presented a more compelling strategy for developing 
     countermine warfare technology centered around a joint 
     exercise with Army, Navy, and Marine Corps forces of the U.S. 
     Atlantic Command in 1998. The additional funds provided in 
     the conference agreement will enable the Navy to test a 
     number of promising technologies that would otherwise miss 
     the 1998 exercise completely or else be demonstrated at less 
     than full scale. The Navy has indicated that it plans to use 
     $5,000,000 to allow the Advanced Lightweight Influence Sweep 
     System to be tested in the 1998 exercise with a full scale 
     magnet, and $5,000,000 would be used for the Explosive 
     Neutralization Advanced Technology Demonstration and Advanced 
     Degaussing.


                         army medical research

       Section 2710 of the conference agreement transfers 
     $8,000,000 of previously appropriated ``Defense Health 
     Program'' funds to the ``Research, Development, Test and 
     Evaluation, Army'' account in order to continue research of 
     neurofibromatosis. The Army has an ongoing successful 
     research program in this area. This makes a technical 
     clarification to the designation for this activity in the 
     Fiscal Year 1996 Defense Appropriations conference agreement 
     and involves no additional funds.


                          counter-drug support

       Section 2711 of the conference agreement authorizes the 
     Department to make grants to local counternarcotic task 
     forces in a high crime, low income area under its Counter 
     Drug program to provide Kevlar vests for enhanced personal 
     protection.

                               HAVE GAZE

       In section 2712 the conferees have recommended language to 
     clarify Section 8105 of Public Law 104-61 with respect to the 
     use of fiscal year 1995 funds appropriated for this Air Force 
     RDT&E program.

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


                        payments to air carriers

                    (airport and airway trust fund)

       The conference agreement includes language that limits 
     obligations from the airport and airway trust fund to 
     $22,600,000 for payments to air carriers, as proposed by the 
     Senate. The House bill contained no similar provision.
       This limitation permits the obligation of general fund 
     carryover balances to pay outstanding commitments in fiscal 
     year 1996.

                     Federal Highway Administration


                          federal-aid highway

                          (highway trust fund)

       The conference agreement appropriates $300,000,000 for the 
     emergency fund to cover expenses resulting from the flooding 
     in the Mid-Atlantic, Northeast, and Northwest states, and 
     other disasters, as proposed by the Senate instead of 
     $267,000,000 as proposed by the House.
       The conference agreement waives the provisions of 23 U.S.C. 
     125(b)(1), which limit obligations to a single state 
     resulting from a single natural disaster to $100,000,000, as 
     proposed by the Senate. The House bill contained no similar 
     provision.

                    Federal Railroad Administration


                     local rail freight assistance

       The conference agreement deletes the Senate appropriation 
     of $10,000,000 to repair and rebuild rail lines of other than 
     class I railroads damaged as a result of the floods of 1996. 
     The House bill contained no similar appropriation.

                     Federal Transit Administration


                       mass transit capital fund

                (liquidation of contract authorization)

                          (highway trust fund)

       The conference agreement includes an appropriation of 
     $375,000,000 to liquidate contract authority obligations for 
     mass transit capital programs as proposed by both the House 
     and Senate.

                            Related Agencies


                        panama canal commission

                      panamaa canal revolving fund

       The conference agreement increases the limitation on 
     administrative expenses of the Panama Canal Commission by 
     $2,000,000, to be derived from the Panama Canal revolving 
     fund, as proposed the House. The Senate bill contained no 
     similar provision.

                           General Provisions

       The conference agreement deletes the Senate provision that 
     allows $3,250,000 of the Federal Transit Administration's 
     discretionary grants program for Kauai, Hawaii, to be used 
     for operating expenses. The House bill contained no similar 
     provision.
       The conference agreement includes a provision that requires 
     the Federal Highway Administration to make available up to 
     $28,000,000 in federal-aid obligation limitation to the State 
     of Missouri to make obligations for construction of a new 
     bridge in Hannibal, Missouri, from limitation set asides for 
     discretionary programs or limitation on general operating 
     expenses for fiscal year 1996. The provision further requires 
     restoration of that limitation before any funds made 
     available for the August redistribution prescribed in section 
     310 of Public Law 104-50 may be distributed. This provision 
     shall not affect the federal-aid bonus limitation provided by 
     section 310. The Senate bill contained a provision that 
     advances emergency relief funds to the State of Missouri for 
     the replacement in kind of the Hannibal bridge on the 
     Mississippi River. The House bill contained no similar 
     provision.
       The conference agreement includes a provision that permits 
     the state of Vermont to use up to $3,500,000 of the 
     discretionary grants identified in the conference agreement 
     accompanying Public Law 104-50 provided to the state and the 
     marble Valley Regional Transit District for improvements to 
     support commuter rail operations on the Clarendon-Pittsford 
     rail line between White Hall, New York, and Rutland, Vermont. 
     The Senate bill allowed the State of Vermont to obligate 
     funds apportioned to the state under the surface 
     transportation and congestion mitigation and air quality 
     improvement programs for railroad capital and/or operating 
     expenses. The House bill contained no similar provision.
       The conference agreement includes language that provides 
     the administrator of the Federal Aviation Administration 
     discretion to take into consideration unique circumstances in 
     the State of Alaska when making certain changes to specified 
     regulations, effective until June 1, 1997. The House and 
     Senate bills contained no similar provision.
       The conference agreement includes a provision that 
     specifies that the unobligated funds provided for the Chicago 
     central area circulator project in Public Law 103-122 and 
     Public Law 103-331 be available only for constructing a 5.2-
     mile light rail loop within the downtown Chicago business 
     district as described in the full funding grant agreement 
     signed on December 15, 1994, and shall not be available for 
     any other purpose. The House and Senate bills contained no 
     similar provision.

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         salaries and expenses

       Deletes provision proposed by the Senate as part of the 
     Administration's initiative to combat middle eastern 
     terrorism, which included $3,000,000 for the Office of 
     Foreign Assets Control.

                     United States Customs Service


                   customs services at small airports

       Deletes provision in P.L. 104-52 capping collections for 
     Customs services at small airports at $1,406,000 as proposed 
     by the House. The Senate had no comparable provision.

                        Internal Revenue Service


          administrative provisions--internal revenue service

       Amends P.L. 104-52 by adding a new provision which sets a 
     floor on the level of service, staffing, and funding for IRS 
     taxpayer service operations as proposed by the House. The 
     Senate had no comparable provision.

    Executive Office of the President and Funds Appropriated to the 
                               President

                 Office of National Drug Control Policy


                         salaries and expenses

       Provides that $1,000,000 of the amounts available to the 
     Counter-Drug Technology

[[Page H4041]]

     Assessment Center shall be used for conferences on model 
     State drug laws as proposed by the House. The Senate had no 
     comparable provision.
       Appropriates an additional $3,400,000 for the salaries and 
     expenses of the Office of National Drug Control Policy as 
     requested by the Administration, instead of no additional 
     funding as proposed by the House and $3,900,000 as proposed 
     by the Senate. This will provide resources for an additional 
     80 full-time equivalent positions and overhead expenses for 
     30 military detailees, raising the complement of ONDCP to 154 
     positions by the end of the fiscal year.
       ONDCP has a strategic mission: to aid and oversee 
     operational agencies in coordinating the national drug 
     control policy. The Congress never intended ONDCP to become 
     an operational entity, but instead to formulate, direct, and 
     oversee the implementation of the annual drug control 
     strategy using the expertise of line agencies. The conferees 
     are concerned that a rapid expansion in staffing that is not 
     carefully thought out will result in ONDCP duplicating the 
     functions of already existing programs and agencies.
       To ensure that this does not occur, the conferees direct 
     the Director of ONDCP to submit a detailed staffing plan to 
     the House and Senate Committees on Appropriations within 30 
     days of enactment of this legislation. Such plan shall 
     include an organizational chart, a detailed description of 
     the function of each component of the office, and a detailed 
     description of the duties associated with each position.

                           General Provisions


        commission on restructuring the internal revenue service

       Includes a provision which increases, by four, the 
     membership of the Commission on Restructuring the Internal 
     Revenue Service as proposed by the Senate. The House had no 
     comparable provision.

                               Chapter 10

 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

       The Conferees agree to provide $50,000,000 for the 
     Department of Housing and Urban Development Community 
     Development Block Grant Program for emergency activities 
     related to recent Presidentially declared flood disasters.

          FEDERAL EMERGENCY MANAGEMENT AGENCY DISASTER RELIEF


                     (including transfer of funds)

       The conference agreement includes language allowing up to 
     $104,000,000 by transfer from the disaster relief account to 
     the disaster assistance direct loan program account for the 
     cost of direct loans as authorized by section 417 of the 
     Stafford Act. Language is included which limits community 
     disaster loan authority to $119,000,000, requires that the 
     Director of FEMA certify that the provisions of section 417 
     of the Stafford Act will be complied with and requires that 
     the entire amount of this transfer is available only to the 
     extent that an official budget request for a specific dollar 
     amount is forwarded to the Congress. The Conferees fully 
     expect that these terms be complied with in an expeditious 
     manner so as to release necessary loan funds to meet known 
     emergency disaster needs of the Virgin Islands.

                           General Provisions


            waiver of statutes or regulations for assistance

       The conference agreement retains a provision proposed by 
     the Senate allowing the Secretary of any department to waive 
     any statute or regulation that the Secretary administers in 
     connection with the obligation of funds for domestic 
     assistance. The Secretary may also specify alternative 
     requirements to the statutes or regulation being waived. 
     Civil rights, fair housing and nondiscrimination, the 
     environment, and labor standards statutes and regulations 
     could not be waived. The Secretary must find that the waiver 
     is required to facilitate the obligation of the assistance 
     and would not be inconsistent with the statue or regulation 
     being waived. The House bill contained no similar provision.
       This provision has been included in past disaster 
     appropriations bills. The managers expect this provision to 
     be implemented in a manner similar to past practices and only 
     in those cases where not waiving the statutes or regulations 
     would cause unnecessary and significant delays in assistance.


              priorities of allocation of emergency funds

       The conference agreement deletes a provision proposed by 
     the Senate that funds for emergency or disaster assistance 
     programs for USDA, HUD, EDA, SBA, the National Park Service 
     and the U.S. Fish and Wildlife Service could be allocated in 
     accordance with the prioritization process of the respective 
     department. The House bill contained no similar provision.
       In developing this conference agreement, the managers have 
     carefully developed the priority considerations for funding 
     the various activities included in it. For the most part, 
     there are no restricting allocations imposed in this 
     conference agreement on the funding provided for disaster 
     assistance. Priorities on allocations have only been imposed 
     where specific concerns needed to be addressed. Because these 
     matters were addressed on a case by case basis, the general 
     provision has been deleted.


                      disaster assistance offsets

       The conference agreement deletes a provision proposed by 
     the Senate that the conference agreement should include 
     sufficient reductions and savings to offset the funding 
     provided for disaster assistance. The House bill, which did 
     include offsets for disaster funding, contained no similar 
     provision. Since this conference agreement does include the 
     necessary offsets, this provision has been complied with and 
     is no longer necessary.


                budget treatment of disaster assistance

       The conference agreement deletes a provision proposed by 
     the Senate to have Congress address the manner in which 
     disaster assistance is provided and develop a long-term 
     funding plan for the budget treatment of disaster assistance 
     funding. The House bill contained no similar provision.
       This matter has been reviewed several times, and the 
     managers agree that another review and analysis would only 
     delay any decision on possible changes in how the budget 
     treatment of these type appropriations is handled. The 
     conferees agree that the results of previous analyses should 
     be considered as future budget resolutions are developed to 
     see if any changes might be warranted.


                      restriction on expenditures

       The conference agreement deletes a provision proposed by 
     the Senate that would have restricted non-defense 
     expenditures to certain fixed amounts if the funds in this 
     conference agreement and other previous Acts would cause 
     these amounts to be exceeded. The House bill contained no 
     similar provision.
       Because the funding included in this conference agreement 
     is either within the spending limits or is offset herein, 
     this provision is no longer necessary.

                 Additional Supplemental Appropriations

       On April 12, 1996, the President forwarded to the Congress 
     a supplemental appropriations request for various counter-
     drug programs. The conferees express their intent to fund 
     these additional requirements in the fiscal year 1997 
     appropriations process.

                  TITLE III.--RESCISSIONS AND OFFSETS

                               Chapter 1


                      energy and water development

    subchapter a--united states enrichment corporation privatization

       The conference agreement includes language contained in the 
     Senate bill authorizing the Board of Directors of the United 
     States Enrichment Corporation to transfer the interest of the 
     United States in the United States Enrichment Corporation to 
     the private sector.


       subchapter b--bonneville power administration refinancing

       The conference agreement includes language contained in 
     section 3003 of the Senate bill regarding refinancing of 
     Bonneville Power Administration debt.

                               Chapter 2


       foreign operations, export financing, and related programs

                    export and investment assistance

                export-import bank of the united states

                         subsidy appropriation

                              (rescission)

       The conference agreement rescinds $42,000,000 of the 
     unobligated balances available under this heading instead of 
     $41,000,000 as proposed by the House. The Senate had proposed 
     a rescission of $25,000,000 from funds made available under 
     this heading in Public Law 104-107.

                               Chapter 3

            Department of the Interior and Related Agencies

                          Department of Energy


                      strategic petroleum reserve

       The managers have agreed to sell $227,000,000 worth of oil 
     from the Weeks Island site of the Strategic Petroleum Reserve 
     (SPR). The Weeks Island site in Louisiana is currently being 
     decommissioned and the oil is being relocated to other SPR 
     locations because of a water intrusion problem. This sale is 
     proposed to offset partially additional funding provided for 
     high priority education programs identified by the 
     Administration. To pay for decommissioning of the site, 5.1 
     million barrels of the 70 million barrels of Weeks Island oil 
     have already been sold in fiscal year 1996. An additional 12 
     million to 15 million barrels will need to be sold to realize 
     $227 million in revenues.

                               Chapter 4

     Departments of Labor, Health and Human Services, and Education

                Departments of Health and Human Services

       The conference agreement includes a provision as proposed 
     by the Senate rescinding funding available but unclaimed by 
     States under the Job Opportunities and Basic Skills program.

                        Department of Education

       The conference agreement includes a provision that was not 
     included in either the House or Senate bill reducing the 
     amount of new funding for the Pell Grant program by 
     $53,446,000. Because of the substantial amount of funding 
     carrying forward in FY 1996 from previous appropriations, 
     this reduction will not reduce the amount of funding actually 
     expended for Pell Grants in FY 1996.

[[Page H4042]]

       The conference agreement does not include a general 
     provision proposed by the Senate (section 3014) that 
     expressed the sense of the Senate with respect to funding for 
     the Low Income Home Energy Assistance Program (LIHEAP).

                         Military Construction


                             (rescissions)

       The conference agreement rescinds a total of $37,500,000 
     from funds appropriated for fiscal year 1996 (Public Law 104-
     32), instead of no rescissions as proposed by both the House 
     and the Senate. The conferees agree to rescind the following 
     sums from the following accounts:

Military Construction, Army..................................$6,385,000
Military Construction, Navy...................................6,385,000
Military Construction, Air Force..............................6,385,000
Military Construction, Defense-wide..........................18,345,000
                                                       ________________

      Total..................................................37,500,000

       The conferees agree to rescissions in the Army, Navy, and 
     Air Force accounts in order to bring the fiscal year 1996 
     appropriation amounts into conformance with authorization. 
     The conferees emphasize that the construction programs funded 
     by these accounts will not be changed by these rescissions, 
     and that no project will be reduced in scope or canceled.
       With regard to the ``Military Construction, Defense-wide'' 
     account, the conferees agree to the following rescissions:

Energy Conservation Investment Program......................$10,000,000
Planning and Design...........................................8,345,000
                                                       ________________

      Total..................................................18,345,000

       In the case of the Energy Conservation Investment Program, 
     the conferees agree to the rescission of $10,000,000 in order 
     to bring the program into conformance with authorization, and 
     $40,000,000 remains available for this program in fiscal year 
     1996. In the case of Planning and Design funds, the conferees 
     agree to the rescission of $8,345,000 which is not required 
     at this time, and $60,492,000 remains available in fiscal 
     year 1996.

              DEPARTMENT OF DEFENSE--MILITARY RESCISSIONS

       The House and Senate bills contained rescissions proposed 
     by the President or transfers of previously appropriated 
     Department of Defense funding in order to fully offset the 
     new defense appropriations in their respective bills. In this 
     chapter, the conferees recommend total rescissions of 
     $994,900,000, which totally offset the new appropriations 
     contained in Title II, Chapter 7 of the conference report, as 
     well as funds provided for the transfer of F-16 aircraft to 
     Jordan in Title II, Chapter 4.
       A summary of rescissions showing House, Senate, and 
     conference recommendations by appropriation account is in the 
     following table:

                               RESCISSIONS                              
                         [Dollars in thousands]                         
------------------------------------------------------------------------
             Appropriation                House      Senate   Conference
------------------------------------------------------------------------
Missile Procurement, Air Force 1995/                                    
 1997.................................   $310,000   $310,000    $310,000
Other Procurement, Air Force 1995/1997    265,000    265,000     265,000
Research, Development, Test and                                         
 Evaluation, Air Force 1995/1996......    245,000    245,000     245,000
Research, Development, Test and                                         
 Evaluation, Army 1996/1997...........      9,750      7,000      19,500
Research, Development, Test and                                         
 Evaluation, Navy 1996/1997...........     17,500     12,500      45,000
Research, Development, Test and                                         
 Evaluation, Air Force 1996/1997......     22,450     16,000      69,800
Research, Development, Test and                                         
 Evaluation, Defense-wide 1996/1997...     20,300     14,500      40,600
                                       ---------------------------------
      Grand Total.....................    890,000    870,000     994,900
------------------------------------------------------------------------

                               Chapter 7

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration


                       grants-in-aid for airports

                     (airport and away trust fund)

                 (rescission of contract authorization)

       The conference agreement includes a rescission of 
     $664,000,000 in contract authority from the grants-in-aid for 
     airports program as proposed by the Senate. The rescission of 
     contract authority applies to those funds that are not 
     available for obligation due to annual limits on obligations. 
     The House bill contained no similar rescission.

                     Federal Highway Administration


                     highway-related safety grants

                          (highway trust fund)

                 (rescission of contract authorization)

       The conference agreement includes a rescission of 
     $9,000,000 in contract authority from highway-related safety 
     grants. The rescission of contract authority applies to those 
     funds that are not available for obligation due to annual 
     limits on obligations. The House and Senate bills contained 
     no similar rescission.


                      motor carrier safety grants

                          (highway trust fund)

                 (rescission of contract authorization)

       The conference agreement includes a rescission of 
     $33,000,000 in contract authority from motor carrier safety 
     grants. The rescission of contract authority applies to those 
     funds that are not available for obligation due to annual 
     limits on obligations. The House and Senate bills contained 
     no similar rescission.

             National Highway Traffic Safety Administration


                     highway traffic safety grants

                          (highway trust fund)

                 (rescission of contract authorization)

       The conference agreement includes a rescission of 
     $56,000,000 in contract authority from highway traffic safety 
     grants. The rescission of contract authority applies to those 
     funds that are not available for obligation due to annual 
     limits on obligations. The House and Senate bills contained 
     no similar rescission.

                          INDEPENDENT AGENCIES

                    GENERAL SERVICES ADMINISTRATION


                              (rescission)

       The conferees have agreed to rescind $3,400,000 from funds 
     made available to the General Services Administration (GSA) 
     for installment acquisition payments instead of the 
     $3,500,000 rescission as proposed by the Senate and no 
     rescission as proposed by the House. This rescission offsets 
     the $3,400,000 in new budget authority for the Office of 
     National Drug Control Policy (ONDCP) as discussed in Chapter 
     9 of Title II of this Act.
       The conferees have agreed to no rescission of funds made 
     available to GSA for advance design ($200,000) and the U.S. 
     Tax Court ($200,000) as proposed by the Senate. The House did 
     not address this rescission.

                               Chapter 9

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

                  FEDERAL EMERGENCY MANAGEMENT AGENCY


                            disaster relief

                              (rescission)

       The conferees have proposed a rescission of $1,000,000,000 
     of disaster relief funds to help off-set appropriations 
     levels provided in H.R. 3019. Such disaster funds were 
     provided in the disaster relief and disaster relief 
     contingency fund accounts in Public Law 104-19.
       The conferees expect that this rescission will leave the 
     Federal Emergency Management Agency approximately 
     $1,300,000,000 short of known or expected requirements by the 
     end of fiscal year 1997. As such, it is expected that FEMA 
     will request an appropriate supplemental budget request to 
     meet necessary requirements at an early point during fiscal 
     year 1997.

                               Chapter 10


                      debt collection improvements

       The conferees have agreed to include and amend a provision 
     proposed by the Senate which addresses debt collection 
     improvements, instead of no provision as proposed by the 
     House. The conferees have modified the provision so that it 
     more closely resembles the Debt Collection Improvement Act of 
     1995, as developed by the Government Reform and Oversight 
     Committee of the House of Representatives. The conferees have 
     not included language as proposed by the Senate which would 
     have permitted non-judicial foreclosure of mortgages.
       The conferees direct that the Office of Management and 
     Budget (OMB) provide coordination and oversight for 
     development and implementation of the debt collection program 
     created by this section. Additionally, with regard to the 
     Debt Collection Improvement Account, the conferees direct the 
     OMB to determine the baseline from which the 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.
       The conferees strongly support repayment of delinquent 
     government debt by all those who can afford to do so. 
     However, the conferees recognize that those who receive 
     federal benefits, particularly Social Security benefits, may 
     be dependent upon them for a substantial part of their 
     income. In order to avoid unreasonable hardship, the 
     conferees insist that any federal debt collection effort give 
     full consideration to the financial situation of the 
     individual who may repay the debt.
       By definition, recipients of Social Security benefits are 
     elderly or totally disabled workers and their dependents, or 
     the surviving dependents of deceased workers. The conferees 
     intend that in cases where such benefits are involved, it is 
     particularly important for the Treasury Department as well as 
     all other Executive Branch organizations involved in 
     developing regulations to implement this provision, to create 
     regulatory safeguards which separate those debtors who cannot 
     repay from those who refuse to pay. In particular, those who 
     have become delinquent because of personal hardship, such as 
     debilitating disability, or death of the breadwinner, and who 
     may therefore be unable, rather than unwilling, to repay, 
     must be protected if administrative offset of those benefits 
     would cause undue financial hardship. Such safeguards are 
     critical when benefits such as Social Security are the sole 
     or major source of income for the debtor.
       The conferees want to ensure that the Department of the 
     Treasury regulations governing new debt collection procedures 
     will be

[[Page H4043]]

     cautiously and thoughtfully implemented, providing full 
     safeguards for beneficiaries. Recognizing the dependence of 
     those receiving federal benefits on those benefits, the 
     conferees direct that the Treasury Department limit automatic 
     withholding of benefits above the $9,000 annual exemption to 
     a reasonable percentage of those benefits, not to exceed 15 
     percent. Of course, debtors wishing to repay more would be 
     free to do so by remittance or other voluntary means.
       The conferees agree that it is particularly important to 
     recognize that individual circumstances change and even an 
     individual with a good repayment record could face a personal 
     or financial misfortune that makes further repayment 
     difficult, if not impossible. For example, the death of the 
     family breadwinner, despite the payment of survivor benefits, 
     could indicate a substantial loss of income to a family. To 
     suddenly or excessively reduce a surviving dependent's 
     benefits could further threaten an already precarious 
     economic situation for the affected dependent.

                       Contingent Appropriations

       The conference agreement does not include any 
     appropriations which would have been available only on the 
     enactment of subsequent legislation that would have credited 
     the Committees on Appropriations with sufficient savings to 
     offset these appropriations. The House bill and the Senate 
     amendment both contained this type of contingent 
     appropriations but in different amounts. In lieu of providing 
     any such contingent appropriations the conference agreement 
     includes regular appropriations and offsetting savings above 
     the regular appropriations or offset amounts in either the 
     House or Senate passed versions of the bill. The additional 
     amount of offsets result in this conference agreement being 
     within the designated spending limits.

                       Environmental Initiatives

       The conference agreement does not include a separate title 
     on environmental initiatives as proposed by the Senate. 
     Instead these issues have been addressed in other parts of 
     the conference agreement.

         Disclosure of Lobbying Activities by Federal Grantees

       The conference agreement deletes a provision requiring 
     disclosure of lobbying activities by Federal grantees as 
     proposed by the House. The Senate amendment contained no 
     similar provision.

                       Deficit Reduction Lock-Box

       The conference agreement deletes a provision proposed by 
     the House that would have reduced the Committees on 
     Appropriations spending allocations when spending reduction 
     amendments are adopted during consideration of appropriations 
     bills in either body. The Senate amendment contained no 
     similar provision.

                   Conference Total--With Comparisons

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

New budget (obligational) authority, fiscal year 1995..$374,952,232,061
Budget estimates of new (obligational) authority, fiscal404,545,750,093
House bill, fiscal year 1996............................382,607,656,000
Senate bill, fiscal year 1996...........................384,492,162,999
Conference agreement, fiscal year 1996..................380,684,327,000
Conference agreement compared with:
    New budget (obligational) authority, fiscal year 1995.5,732,094,939
    Budget estimates of new (obligational) authority, fi-23,861,423,093
    House bill, fiscal year 1996.........................-1,923,329,000
    Senate bill, fiscal year 1996........................-3,807,835,999



                          ____________________