[House Report 104-537]
[From the U.S. Government Publishing Office]




104th Congress                                                   Report
                      HOUSE OF REPRESENTATIVES      
 2d Session                                                     104-537
_______________________________________________________________________


 
     MAKING APPROPRIATIONS FOR FISCAL YEAR 1996 TO MAKE A FURTHER 
     DOWNPAYMENT TOWARD A BALANCED BUDGET, AND FOR OTHER PURPOSES


                               ----------                              

                           CONFERENCE REPORT

                              to accompany

                               H.R. 3019




                 April 25, 1996.--Ordered to be printed
                  DOWNPAYMENT TOWARD A BALANCED BUDGET
104th Congress 2d SessioHOUSE OF REPRESENTATIVES        Report
                                                       104-537
_______________________________________________________________________



     MAKING APPROPRIATIONS FOR FISCAL YEAR 1996 TO MAKE A FURTHER 
     DOWNPAYMENT TOWARD A BALANCED BUDGET, AND FOR OTHER PURPOSES
   

                               __________

                           CONFERENCE REPORT

                              to accompany

                               H.R. 3019




                 April 25, 1996.--Ordered to be printed
104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-537
_______________________________________________________________________


      MAKING APPROPRIATIONS FOR FISCAL YEAR 1996 TO MAKE A FURTHER 
      DOWNPAYMENT TOWARD A BALANCED BUDGET, AND FOR OTHER PURPOSES
   

                                  _____


                 April 25, 1996.--Ordered to be printed

_______________________________________________________________________


    Mr. Livingston, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                        [To accompany H.R. 3019]

      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 
purposes,'' having met, after full and free conference, have 
agreed to recommend and do recommend to their respective Houses 
as follows:
      That the House recede from its disagreement to the 
amendment of the Senate, and agree to the same with an 
amendment, as follows:
      In lieu of the matter stricken and inserted, 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 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 notification 
filings under the Hart-Scott-Rodino Antitrust Improvements Act 
of 1976 (15 U.S.C. 18(a)) shall be retained and used for 
necessary expenses in this appropriation, and shall remain 
available until expended: Provided further, That the sum herein 
appropriated from the General Fund shall be reduced as such 
offsetting collections are received during fiscal year 1996, so 
as to result in a final fiscal year 1996 appropriation from the 
General Fund estimated at not more than $17,521,000: Provided 
further, That any fees received in excess of $48,262,000 in 
fiscal year 1996, shall remain available until expended, but 
shall not be available for obligation until October 1, 1996.


             salaries and expenses, united states attorneys


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


       violent crime reduction programs, united states attorneys


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


                   united states trustee system fund


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


      salaries and expenses, foreign claims settlement commission


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


         salaries and expenses, united states marshals service


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


    violent crime reduction programs, united states marshals service


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


                       federal prisoner detention


                     (including transfer of funds)


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


                     fees and expenses of witnesses


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


           salaries and expenses, community relations service


    For necessary expenses of the Community Relations Service, 
established by title X of the Civil Rights Act of 1964, 
$5,319,000: Provided, That notwithstanding any other provision 
of 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 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 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 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 
                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; 
$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 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.
    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, 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.
    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 the 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 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 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, 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 47, 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 as 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 
therefor, as authorized by 5 U.S.C. 5901-02; $14,855,000: 
Provided, That not to exceed $2,000 shall be available for 
official reception and representation expenses.

                        Federal Trade Commission


                         salaries and expenses


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

               Japan-United States Friendship Commission


               japan-united states friendship trust fund


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

                       Legal Services Corporation


               payment to the legal services corporation


    For payment to the Legal Services Corporation to carry out 
the purposes of the Legal Services Corporation Act of 1974, as 
amended, $278,000,000, of which $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 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--
                    (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 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 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/
        MIA's.
            (4) Providing further assistance in implementing 
        trilateral investigations with Laos.
    Sec. 610. None of the funds made available by this Act may 
be used for any United Nations undertaking when it is made 
known to the Federal official having authority to obligate or 
expend such funds (1) that the United Nations undertaking is a 
peacekeeping mission, (2) that such undertaking will involve 
United States Armed Forces under the command or operational 
control of a foreign national, and (3) that the President's 
military advisors have not submitted to the President a 
recommendation that such involvement is in the national 
security interests of the United States and the President has 
not submitted to the Congress such a recommendation.
    Sec. 611. None of the funds made available in this Act 
shall be used to provide the following amenities or personal 
comforts in the Federal prison system--
            (1) in-cell television viewing except for prisoners 
        who are segregated from the general prison population 
        for their own safety;
            (2) the viewing of R, X, and NC-17 rated movies, 
        through whatever medium presented;
            (3) any instruction (live or through broadcasts) or 
        training equipment for boxing, wrestling, judo, karate, 
        or other martial art, or any bodybuilding or 
        weightlifting equipment of any sort;
            (4) possession of in-cell coffee pots, hot plates, 
        or heating elements; or
            (5) the use or possession of any electric or 
        electronic musical instrument.
    Sec. 612. None of the funds made available in title II for 
the National Oceanic and Atmospheric Administration under the 
heading ``Fleet Modernization, Shipbuilding and Conversion'' 
may be used to implement sections 603, 604, and 605 of Public 
Law 102-567.
    Sec. 613. None of the funds made available in this Act may 
be used for ``USIA Television Marti Program'' under the 
Television Broadcasting to Cuba Act or any other program of 
United States Government television broadcasts to Cuba, when it 
is made known to the Federal official having authority to 
obligate or expend such funds that such use would be 
inconsistent with the applicable provisions of the March 1995 
Office of Cuba Broadcasting Reinventing Plan of the United 
States Information Agency.
    Sec. 614. (a)(1) Section 5002 of title 18, United States 
Code, is repealed.
    (2) The table of sections for chapter 401 of title 18, 
United States Code, is amended by striking out the item 
relating to the Advisory Corrections Council.
    (b) This section shall take effect 30 days after the date 
of the enactment of this Act.
    Sec. 615. Any costs incurred by a Department or agency 
funded under this Act resulting from personnel actions taken in 
response to funding reductions included in this Act shall be 
absorbed within the total budgetary resources available to such 
Department or agency: Provided, That the authority to transfer 
funds between appropriations accounts as may be necessary to 
carry out this provision is provided in addition to authorities 
included elsewhere in this Act: Provided further, That use of 
funds to carry out this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall 
not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
      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 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;
            ``(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.
    ``(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.

                          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-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.
    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 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.''.

                          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.

                   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 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).
            ``(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.
      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--
                    (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 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.
      (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 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 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 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.--
            (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 
one 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--
                            (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;
            (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-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 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;
            (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.


                            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.


                       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 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 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, 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, 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 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 acquisitions 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 and Borough of Ketchikan, 
        $13,300,000 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 percentages:
            (A) the Borough of Haines, 5.5 percent;
            (B) the City and Borough of Juneau, 10.3 percent;
            (C) the Ketchikan Gateway Borough, 4.5 percent;
            (D) the City and Borough of Sitka, 10.8 percent;
            (E) the City and 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.

               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 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 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.


                            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 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.
            (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 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''.
    (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.
      Sec. 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 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 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 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 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 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 Public 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.
      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, and 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 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.
    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 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.


                          (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 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 through September 30, 1997: Provided, That of the 
amounts made available under the Carl D. Perkins Vocational and 
Applied Technology Education Act, $5,000,000 shall be for 
national programs under title IV without regard to section 451 
and $350,000 shall be for evaluations under section 346(b) of 
the Act and no funds shall be 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 Community 
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 Shoal 
Visual 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 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. (a) 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.

                        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 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 standard 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 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-DSH 
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 
                (5) 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.
            (2) 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.
      (b) The Secretary of Health and Human Services shall do 
the following:
            (1) Compile data on the number of females living in 
        the United States who have been subjected to female 
        genital mutilation (whether in the United States or in 
        their countries of origin), including a specification 
        of the number of girls under the age of 18 who have 
        been subjected to such mutilation.
            (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 ``includ- 
                        ing--'' 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 (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:
      ``(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 local 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.''.
    This Act may be cited as the ``Departments of Labor, Health 
and Human Services, and Education, and Related Agencies 
Appropriations Act, 1996''.
    (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, 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 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 years 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 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 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. 1437 f 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 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


                         salaries and expenses


                     (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.


                       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 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 
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;
            (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, the Unity Home Domestic Violence 
Shelter, and the 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.--(1) 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 such 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 may be 
used to take any enforcement action with respect to a complaint 
of discrimination under the Fair Housing Act (42 U.S.C. 3601, 
et seq.) on the basis of familial status and which involves an 
occupancy standard established by the housing provider except 
to the extent that it is found that there has been 
discrimination in contravention of the standards provided in 
the March 20, 1991 Memorandum from the General Counsel of the 
Department of Housing and Urban Development to all Regional 
Counsel or until such time that HUD issues a final rule in 
accordance with section 553 of title 5, United States Code.


                        cdbg eligible activities


    Sec. 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. 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 multiyear 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 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 therefore, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109, but at rates for 
individuals not to exceed the per diem rate equivalent to the 
rate for GS-18; hire of passenger motor vehicles; hire, 
maintenance, and operation of aircraft; purchase of reprints; 
library memberships in societies or associations which issue 
publications to members only or at a price to members lower 
than to subscribers who are not members; construction, 
alteration, repair, rehabilitation, and renovation of 
facilities, not to exceed $75,000 per project; and not to 
exceed $6,000 for official reception and representation 
expenses; $1,677,300,000, 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 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 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 Acts: 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; 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.
    (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;
            (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 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: 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.


                              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 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 in funds made available under Public Law 103-122 
together with $21,534,347 in 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''.
      (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) 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 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;
            (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 equivalent)
    Year:
    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, 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 157b. (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 234a. 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
                            (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.

               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


                              (rescission)


      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--
            ``(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 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'). 
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, 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.
    ``(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, 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.

                For consideration of the House Bill (except for 
                section 101(c)) and the Senate amendment 
                (except for section 101(d)), and modifications 
                committed to conference:
                                   Bob Livingston,
                                   John Myers,
                                   Bill Young,
                                   Ralph Regula,
                                   John Porter,
                                   Hal Rogers,
                                   Joe Skeen,
                                   Frank R. Wolf,
                                   Barbara Vucanovich,
                                   Jim Lightfoot,
                                   Sonny Callahan,
                                   James T. Walsh,
                                   David Obey,
                                   Louis Stokes,
                                   Tom Bevill,
                                   John P. Murtha,
                                   Charles Wilson,
                                   Bill Hefner,
                                   Alan Mollohan,
                For consideration of section 101(c) of the 
                House Bill, and section 101(d) of the Senate 
                amendment, and modifications committed to 
                conference:
                                   John Porter,
                                   Bill Young,
                                   Ernest Istook,
                                   Dan Miller,
                                   Jay Dickey,
                                   Frank Riggs,
                                   Roger F. Wicker,
                                   Bob Livingston,
                                   David Obey,
                                   Louis Stokes,
                                   Steny Hoyer,
                                   Nancy Pelosi,
                                   Nita M. Lowey,
                                 Managers on the Part of the House.

                                   Mark O. Hatfield,
                                   Ted Stevens,
                                   Thad Cochran,
                                   Arlen Specter,
                                   Pete V. Domenici,
                                   Christopher S. Bond,
                                   Slade Gorton,
                                   Mitch McConnell,
                                   Connie Mack,
                                   Richard C. Shelby,
                                   James M. Jeffords,
                                   Robert F. Bennett,
                                   Ben Nighthorse Campbell,
                                   Robert C. Byrd,
                                   Daniel K. Inouye,
                                   Ernest F. Hollings,
                                   J. Bennett Johnston,
                                   Patrick J. Leahy,
                                   Dale Bumpers,
                                   Frank R. Lautenberg,
                                   Tom Harkin,
                                   Barbara A. Mikulski,
                                   Harry Reid,
                                   J. Robert Kerrey,
                                   Patty Murray,
                                Managers on the Part of the Senate.
       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

      Section 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. Rept. 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. Rept. 104-139) on 
September 12, 1995, and passed by the Senate on September 29, 
1995. The conference report (H. Rept. 104-378, star 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 
on H.R. 2076 (H. Rept. 104-378, star 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 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

              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 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 fundsto 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 
House bill included $80,000,000 for the MEP, and $100,000,000 
in contingentappropriations 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 $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 IndustrialDevelopment 
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 $200,000,000 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 
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.
      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.
      Secs. 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.

                          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. The 
conferees have been informed that this waiver will result in 
the city incurring lower annual Medicaid costs of approximately 
$50,000,000. These savings will be shared equally by the 
Federal government and 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 and 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 
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 sector individuals and District of Columbia government 
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.

            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 theconstruction 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.

                              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.

                    United 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

      Language 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 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 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 theTongass. 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.

                               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.

                        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; andthat 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.

                  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 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.

                     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 item at 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 trials 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 language 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 provision 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 conference 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 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 1997-98. 
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 many 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, 1996for 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 from 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.
      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 brain 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 
or 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 a 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 $351,268,000. The Senate bill 
provided a total funding level of $338,268,000 through a fiscal 
year 1996 appropriation of $328,268,000 and a 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 the 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 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 
owed 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 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 means 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:


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

      Section 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 not to 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 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

      The conferees agree that 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.

                         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 as a contingency 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) 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 
in 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 $107,514,000 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 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 extension.

                               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.

                               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 fissile 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 Committees 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 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 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.

                               CHAPTER 8

                      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

                      panama 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 by 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.

                               CHAPTER 9

                       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 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 statute 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, this 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

                DEPARTMENT 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.
      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).

                               CHAPTER 5

                         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.

                               CHAPTER 6

                    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 airway 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.

                               CHAPTER 8

                          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 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, fiscal 
    year 1996........................................... 404,545,750,093
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, fiscal year 1996................... -23,861,423,093
        House bill, fiscal year 1996....................  -1,923,329,000
        Senate bill, fiscal year 1996...................  -3,807,835,999

                For consideration of the House Bill (except for 
                section 101(c)) and the Senate amendment 
                (except for section 101(d)), and modifications 
                committed to conference:
                                   Bob Livingston,
                                   John Myers,
                                   Bill Young,
                                   Ralph Regula,
                                   John Porter,
                                   Hal Rogers,
                                   Joe Skeen,
                                   Frank R. Wolf,
                                   Barbara Vucanovich,
                                   Jim Lightfoot,
                                   Sonny Callahan,
                                   James T. Walsh,
                                   David Obey,
                                   Louis Stokes,
                                   Tom Bevill,
                                   John P. Murtha,
                                   Charles Wilson,
                                   Bill Hefner,
                                   Alan Mollohan,
                For consideration of section 101(c) of the 
                House bill, and section 101(d) of the Senate 
                amendment, and modifications committed to 
                conference:
                                   John Porter,
                                   Bill Young,
                                   Ernest Istook,
                                   Dan Miller,
                                   Jay Dickey,
                                   Frank Riggs,
                                   Roger F. Wicker,
                                   Bob Livingston,
                                   David Obey,
                                   Louis Stokes,
                                   Steny Hoyer,
                                   Nancy Pelosi,
                                   Nita M. Lowey,
                                 Managers on the Part of the House.

                                   Mark O. Hatfield,
                                   Ted Stevens,
                                   Thad Cochran,
                                   Arlen Specter,
                                   Pete V. Domenici,
                                   Christopher S. Bond,
                                   Slade Gorton,
                                   Mitch McConnell,
                                   Connie Mack,
                                   Richard C. Shelby,
                                   James M. Jeffords,
                                   Robert F. Bennett,
                                   Ben Nighthorse Campbell,
                                   Robert C. Byrd,
                                   Daniel K. Inouye,
                                   Ernest F. Hollings,
                                   J. Bennett Johnston,
                                   Patrick J. Leahy,
                                   Dale Bumpers,
                                   Frank R. Lautenberg,
                                   Tom Harkin,
                                   Barbara A. Mikulski,
                                   Harry Reid,
                                   J. Robert Kerrey,
                                   Patty Murray,
                                Managers on the Part of the Senate.

                                
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