    [104th Congress Public Law 134]
    [From the U.S. Government Publishing Office]

    <DOC>
    [DOCID: f:publ134.104]

    [[Page 110 STAT. 1321]]

    * Public Law 104-134
    104th Congress

                                     An Act

    Making appropriations for fiscal year 1996 to make a further downpayment
       toward a balanced budget, and for other purposes. <<NOTE: Apr. 26,
                             1996 -  [H.R. 3019]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress
    assembled, <<NOTE: Omnibus Consolidated Rescissions
    and Appropriations Act of 1996.>>

        Section 101. 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:
    ---------------------------------------------------------------------------
        * Note: This is a typeset print of the original hand
    enrollment as signed by the President on April 26, 1996. The text
    is printed without corrections. Footnotes indicate missing or
    illegible text in the original.
    ---------------------------------------------------------------------------
     AN <<NOTE: Departments of Commerce, Justice, and State, the Judiciary,
    and Related Agencies Appropriation Act, 1996.>> 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.

    [[Page 110 STAT. 1321-1]]

                              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.

    [[Page 110 STAT. 1321-2]]

                                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 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

    [[Page 110 STAT. 1321-3]]

    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

    [[Page 110 STAT. 1321-4]]

    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,

    [[Page 110 STAT. 1321-5]]

    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.

        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.

    [[Page 110 STAT. 1321-6]]

                         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.

    [[Page 110 STAT. 1321-7]]

                         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.

        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

    [[Page 110 STAT. 1321-8]]

    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.

    [[Page 110 STAT. 1321-9]]

                                  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 <<NOTE: 42 USC 250a.>> 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

    [[Page 110 STAT. 1321-10]]

    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.

        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).

    [[Page 110 STAT. 1321-11]]

              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.

    [[Page 110 STAT. 1321-12]]

       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

    [[Page 110 STAT. 1321-13]]

    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 from 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,

    [[Page 110 STAT. 1321-14]]

    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:

    [[Page 110 STAT. 1321-15]]

      ``Subtitle A--Violent Offender Incarceration and Truth-in-Sentencing
                                Incentive Grants

    ``SEC. 20101. DEFINITIONS. <<NOTE: 42 USC 13701.>>

        ``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 <<NOTE: 42 USC 13702.>> 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

    [[Page 110 STAT. 1321-16]]

    to receive a grant for fiscal year 1996 as though such State qualifies
    under section 20104 of this subtitle.

    ``SEC. 20103. <<NOTE: 42 USC 13703.>> 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. <<NOTE: 42 USC 13704.>> 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,

    [[Page 110 STAT. 1321-17]]

            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 <<NOTE: 42 USC 13705.>> 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

    [[Page 110 STAT. 1321-18]]

    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. <<NOTE: 42 USC 13706.>> 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.

    [[Page 110 STAT. 1321-19]]

        ``(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. <<NOTE: 42 USC 13707.>> 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. <<NOTE: 42 USC 13708.>> 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.

    [[Page 110 STAT. 1321-20]]

                        ``(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. <<NOTE: 42 USC 13709.>> 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.

    [[Page 110 STAT. 1321-21]]

    ``SEC. 20110.  <<NOTE: 42 USC 13710.>> 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.  <<NOTE: 42 USC 13711.>> 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. <<NOTE: 42 USC 13712.>> 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 <<NOTE: Repeal 42 USC 3796ii et seq.>> 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 <<NOTE: 42 USC 3793.>> striking paragraph (20).
                              (ii) Notwithstanding the provisions
                          of <<NOTE: 42 USC 3793 note.>> 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.

    [[Page 110 STAT. 1321-22]]

                (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) <<NOTE: 42 USC 3796ii note.>> 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. <<NOTE: 31 USC 3718 note.3Post, p. 380.>> The pilot debt
    collection project authorized by Public Law 99-578, as amended, is
    extended through September 30, 1997.

        Sec. <<NOTE: 42 USC 14092.>> 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''.

    [[Page 110 STAT. 1321-23]]

    TITLE II--DEPARTMENT <<NOTE: Department of Commerce and Related Agencies
    Appropriation Act, 1996.>> 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

    [[Page 110 STAT. 1321-24]]

    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

    [[Page 110 STAT. 1321-25]]

    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 <<NOTE: 15 USC 1527a
    note.>> 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.

        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.

    [[Page 110 STAT. 1321-26]]

           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

    [[Page 110 STAT. 1321-27]]

    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''.

        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, <<NOTE: 33 USC 851.>> 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

    [[Page 110 STAT. 1321-28]]

    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.

        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.

    [[Page 110 STAT. 1321-29]]

                      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).

    [[Page 110 STAT. 1321-30]]

        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. <<NOTE: 13 USC 23 note.>> 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--

    [[Page 110 STAT. 1321-31]]

                (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 <<NOTE: 16 USC 1851
    note.>> 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

    [[Page 110 STAT. 1321-32]]

            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. <<NOTE: Contracts.>> 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 <<NOTE: The Judiciary Appropriations Act,
    1996.>> 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.

    [[Page 110 STAT. 1321-33]]

                        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.

    [[Page 110 STAT. 1321-34]]

                                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

    [[Page 110 STAT. 1321-35]]

    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

    [[Page 110 STAT. 1321-36]]

    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 <<NOTE: Department of State and Related Agencies
    Appropriations Act, 1996.>>  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, <<NOTE: 8 USC 1351 note.>>  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: <<NOTE: 22
    USC 2695b.>>  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

    [[Page 110 STAT. 1321-37]]

    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.

        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.

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

                           office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended (5 U.S.C. App.), $27,369,000, notwithstanding section 209(a)(1)
    of the Foreign Service Act of 1980 (Public Law 96-465), as it relates to
    post inspections: Provided, That <<NOTE: 5 USC app. 11 note.>>
    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.

    [[Page 110 STAT. 1321-38]]

                            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.

    [[Page 110 STAT. 1321-39]]

                   International Organizations and Conferences

        contributions to international organizations <<NOTE: 22 usc 269a
    note.>>

        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

    [[Page 110 STAT. 1321-40]]

    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 <<NOTE: 22 USC 269a note.>> 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:

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

        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

    [[Page 110 STAT. 1321-41]]

    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

    [[Page 110 STAT. 1321-42]]

    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

    [[Page 110 STAT. 1321-43]]

    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.

        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.

    [[Page 110 STAT. 1321-44]]

          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

    [[Page 110 STAT. 1321-45]]

    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 <<NOTE: 20 USC 5205. 20 USC 5203
    note.>>  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''.

    [[Page 110 STAT. 1321-46]]

                            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

    [[Page 110 STAT. 1321-47]]

    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.

    [[Page 110 STAT. 1321-48]]

                         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

    [[Page 110 STAT. 1321-49]]

    ``$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 a \1\ 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.
    ---------------------------------------------------------------------------
        \1\ Missing text, probably ``as''.
    ---------------------------------------------------------------------------

                           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.

    [[Page 110 STAT. 1321-50]]

                            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.

    [[Page 110 STAT. 1321-51]]

              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

    [[Page 110 STAT. 1321-52]]

                        (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) <<NOTE: Regulations.>> 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) <<NOTE: Publication.>> 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.

    [[Page 110 STAT. 1321-53]]

        (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:

    [[Page 110 STAT. 1321-54]]

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

    [[Page 110 STAT. 1321-55]]

                        (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

    [[Page 110 STAT. 1321-56]]

            not involve an effort to amend or otherwise challenge existing
            law in effect on the date of the initiation of the
            representation;
                (17) <<NOTE: Public housing.>> 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.

    [[Page 110 STAT. 1321-57]]

        (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

    [[Page 110 STAT. 1321-58]]

                    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) <<NOTE: Reports.>> 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. <<NOTE: Audits.>> (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 Gen

    [[Page 110 STAT. 1321-59]]

    eral, 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.

    [[Page 110 STAT. 1321-60]]

                            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 <<NOTE: Termination.>> 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 <<NOTE: 15 USC 77f note.>>  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,

    [[Page 110 STAT. 1321-61]]

    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.

    [[Page 110 STAT. 1321-62]]

                         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.

    [[Page 110 STAT. 1321-63]]

        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

    [[Page 110 STAT. 1321-64]]

    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

    [[Page 110 STAT. 1321-65]]

    provisions of the March 1995 Office of Cuba Broadcasting Reinventing
    Plan of the United States Information Agency.
        Sec. 614. <<NOTE: Repeal.>> (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) <<NOTE: Effective date. 18 USC 5002 note.>> 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.

    [[Page 110 STAT. 1321-66]]

                                RELATED AGENCIES

                        United States Information Agency

                               radio construction

                                  (rescission)

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

       TITLE <<NOTE: Prison Litigation Reform Act of 1995.>> VIII--PRISON
    LITIGATION REFORM

    SEC. <<NOTE: 18 USC 3601 note.>> 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

    [[Page 110 STAT. 1321-67]]

            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;

    [[Page 110 STAT. 1321-68]]

                        ``(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--

    [[Page 110 STAT. 1321-69]]

                        ``(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--

    [[Page 110 STAT. 1321-70]]

                ``(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 <<NOTE: 18 USC 3626 note.>> 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 <<NOTE: 18 USC 3626
            note.>> 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:

    [[Page 110 STAT. 1321-71]]

        ``(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

    [[Page 110 STAT. 1321-72]]

            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.''.

    [[Page 110 STAT. 1321-73]]

        (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.

    [[Page 110 STAT. 1321-74]]

        ``(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

    [[Page 110 STAT. 1321-75]]

    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. <<NOTE: 18 USC 3626 note.>>  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

    [[Page 110 STAT. 1321-76]]

    prisoner. The remainder of any such award after full payment of all
    pending restitution orders shall be forwarded to the prisoner.

    SEC. 808. <<NOTE: 18 USC 3626 note.>> 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.''.

    [[Page 110 STAT. 1321-77]]

    SEC. 810. <<NOTE: 18 USC 3626 note.>> 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 <<NOTE: District of Columbia Appropriations Act,
    1996.>> 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

    [[Page 110 STAT. 1321-78]]

    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 <<NOTE: Reports.>> 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 <<NOTE: Gallaudet University.>>  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

    [[Page 110 STAT. 1321-79]]

    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 <<NOTE: Reports.>>  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 Guardian

    [[Page 110 STAT. 1321-80]]

    ship, 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 <<NOTE: Communications. Prisons. Virginia.>>  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 Teach

    [[Page 110 STAT. 1321-81]]

    ers' 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

    [[Page 110 STAT. 1321-82]]

    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 renegoti

    [[Page 110 STAT. 1321-83]]

    ation 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), <<NOTE: Reports.>>
    $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

    [[Page 110 STAT. 1321-84]]

    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

    [[Page 110 STAT. 1321-85]]

    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.

    [[Page 110 STAT. 1321-86]]

                              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 <<NOTE: Reports.>>  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).

    [[Page 110 STAT. 1321-87]]

                               General Provisions

        Sec. 101. <<NOTE: Public inspection.>> 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

    [[Page 110 STAT. 1321-88]]

    the availability of school buildings for the use of any community or
    partisan political group during non-school hours.
        Sec. 110. <<NOTE: District of Columbia budget.>> 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 <<NOTE: Reports.>>  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,

    [[Page 110 STAT. 1321-89]]

    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.

    [[Page 110 STAT. 1321-90]]

        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 <<NOTE: Sequestration.>> 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--

    [[Page 110 STAT. 1321-91]]

                (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 <<NOTE: Records. Public
    inspection.>> 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.''.

    [[Page 110 STAT. 1321-92]]

        (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

    [[Page 110 STAT. 1321-93]]

    in effect for the tax year beginning October 1, 1993, and ending
    September 30, 1994.''.
                (2) Section 413(c) (D.C. Code, sec. 47-815(c)) is repealed.

                               Prisons Industries

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

                              Reports on Reductions

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

               Monthly Reporting Requirements--Board of Education

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

    [[Page 110 STAT. 1321-94]]

                (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,

    [[Page 110 STAT. 1321-95]]

            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

    [[Page 110 STAT. 1321-96]]

    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:

    [[Page 110 STAT. 1321-97]]

                        ``(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) <<NOTE: Reports.>> 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

    [[Page 110 STAT. 1321-98]]

            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--

    [[Page 110 STAT. 1321-99]]

                        ``(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.

    [[Page 110 STAT. 1321-100]]

                (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 <<NOTE: Contracts.>> 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:

    [[Page 110 STAT. 1321-101]]

                        (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

    [[Page 110 STAT. 1321-102]]

                    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

    [[Page 110 STAT. 1321-103]]

    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;

    [[Page 110 STAT. 1321-104]]

                        ``(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

    [[Page 110 STAT. 1321-105]]

                          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

    [[Page 110 STAT. 1321-106]]

                (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.

    [[Page 110 STAT. 1321-107]]

    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. <<NOTE: D.C. Village.>> 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 <<NOTE: District of Columbia School Reform Act of
    1995.>> 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 Assist

    [[Page 110 STAT. 1321-108]]

            ance 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

    [[Page 110 STAT. 1321-109]]

                          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

    [[Page 110 STAT. 1321-110]]

            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.

    [[Page 110 STAT. 1321-111]]

                (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.

    [[Page 110 STAT. 1321-112]]

                (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.

    [[Page 110 STAT. 1321-113]]

                        (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.

    [[Page 110 STAT. 1321-114]]

                        (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

    [[Page 110 STAT. 1321-115]]

    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

    [[Page 110 STAT. 1321-116]]

    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

    [[Page 110 STAT. 1321-117]]

                        (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

    [[Page 110 STAT. 1321-118]]

            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

    [[Page 110 STAT. 1321-119]]

            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.

    [[Page 110 STAT. 1321-120]]

                (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

    [[Page 110 STAT. 1321-121]]

            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.

    [[Page 110 STAT. 1321-122]]

                (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

    [[Page 110 STAT. 1321-123]]

    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.--

    [[Page 110 STAT. 1321-124]]

                (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.

    [[Page 110 STAT. 1321-125]]

                        (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.

    [[Page 110 STAT. 1321-126]]

                (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

    [[Page 110 STAT. 1321-127]]

                    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).

    [[Page 110 STAT. 1321-128]]

    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.

    [[Page 110 STAT. 1321-129]]

                (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

    [[Page 110 STAT. 1321-130]]

            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 deter

    [[Page 110 STAT. 1321-131]]

    mines 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.

    [[Page 110 STAT. 1321-132]]

                (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.--

    [[Page 110 STAT. 1321-133]]

                        (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

    [[Page 110 STAT. 1321-134]]

    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.

    [[Page 110 STAT. 1321-135]]

                        (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

    [[Page 110 STAT. 1321-136]]

    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

    [[Page 110 STAT. 1321-137]]

                    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

    [[Page 110 STAT. 1321-138]]

            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

    [[Page 110 STAT. 1321-139]]

            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

    [[Page 110 STAT. 1321-140]]

                          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.

    [[Page 110 STAT. 1321-141]]

              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

    [[Page 110 STAT. 1321-142]]

            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

    [[Page 110 STAT. 1321-143]]

    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.

    [[Page 110 STAT. 1321-144]]

                 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

    [[Page 110 STAT. 1321-145]]

                (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.

    [[Page 110 STAT. 1321-146]]

                        (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

    [[Page 110 STAT. 1321-147]]

                          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.).

    [[Page 110 STAT. 1321-148]]

    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. <<NOTE: Establishment.>>  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.--

    [[Page 110 STAT. 1321-149]]

                (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 <<NOTE: Contracts.>> 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.

    [[Page 110 STAT. 1321-150]]

    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

    [[Page 110 STAT. 1321-151]]

                        (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)  <<NOTE: President.>> 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.

    [[Page 110 STAT. 1321-152]]

                        (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.

    [[Page 110 STAT. 1321-153]]

        (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

    [[Page 110 STAT. 1321-154]]

                (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

    [[Page 110 STAT. 1321-155]]

    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 resi

    [[Page 110 STAT. 1321-156]]

    dents 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 <<NOTE: Department of the Interior and Related Agencies
    Appropriations Act, 1996.>> 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

    [[Page 110 STAT. 1321-157]]

    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.

        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.

        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 mainte

    [[Page 110 STAT. 1321-158]]

    nance 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, <<NOTE: 43 USC 1735 note. miscellaneous trust funds>> 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.

    [[Page 110 STAT. 1321-159]]

        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.

        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

    [[Page 110 STAT. 1321-160]]

    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, <<NOTE: President. Reports.>>  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, <<NOTE: 43 USC
    1474b-1.>>  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.

        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

    [[Page 110 STAT. 1321-161]]

    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

    [[Page 110 STAT. 1321-162]]

    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

    [[Page 110 STAT. 1321-163]]

    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.

                                  (rescission)

         <<NOTE: 16 USC 460l-10a note.>> 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.

        Appropriations for the National Park Service shall be available for
    the purchase of not to exceed 518 passenger motor vehicles,

    [[Page 110 STAT. 1321-164]]

    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.
         <<NOTE: Alaska. 16 USC 347 note.>> 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.

         <<NOTE: 16 USC 347 note.>> 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

    [[Page 110 STAT. 1321-165]]

    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 <<NOTE: 43 USC 50.>> 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, <<NOTE: Guidelines.>>  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, <<NOTE: Reports. 43 USC 31i.>>  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, <<NOTE: Government organization. 43 USC 1782
    note.>>  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.

    [[Page 110 STAT. 1321-166]]

                            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,  <<NOTE: 43 USC 1337 note.>> 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

    [[Page 110 STAT. 1321-167]]

    or Tribes, or to correct prior unrecoverable erroneous payments:
    Provided further, <<NOTE: 30 USC 191b.>>  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, <<NOTE: Government organization. 30 USC 1 note.>>  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,

    [[Page 110 STAT. 1321-168]]

    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: <<NOTE: Effective date.>>  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

         <<NOTE: 43 USC 1473a note.>> 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 <<NOTE: 30 USC 1211 note.>> notwithstanding any other provision of
    law, appropria

    [[Page 110 STAT. 1321-169]]

    tions 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

    [[Page 110 STAT. 1321-170]]

    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,

    [[Page 110 STAT. 1321-171]]

    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, <<NOTE: 25 USC 2012 note.>>  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

    [[Page 110 STAT. 1321-172]]

    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

    [[Page 110 STAT. 1321-173]]

    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, <<NOTE: 48 USC 1469b.>>  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

    [[Page 110 STAT. 1321-174]]

    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, <<NOTE: Reports.>> $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.

    [[Page 110 STAT. 1321-175]]

                 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

    [[Page 110 STAT. 1321-176]]

    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

    [[Page 110 STAT. 1321-177]]

    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: <<NOTE: Termination date.>>  Provided,
    That this section shall expire on December 31, 1995.

        Sec. 109. Section 6003 of Public Law <<NOTE: 33 USC 2753.>>  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. <<NOTE: Native Americans. Washington.>>  (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
            own

    [[Page 110 STAT. 1321-178]]

            ers 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. <<NOTE: 16 USC 251 note.>>  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. <<NOTE: Northern Mariana Islands. 48 USC 1804.>>  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 allo

    [[Page 110 STAT. 1321-179]]

            cated, 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

    [[Page 110 STAT. 1321-180]]

    Preserve in fiscal year 1996, the Secretary must obtain the approval of
    the House and Senate Committees on <<NOTE: Termination
    date.>> Appropriations. This provision expires on September 30, 1996.

        (b) <<NOTE: President. Reports.>> 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

    [[Page 110 STAT. 1321-181]]

    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

    [[Page 110 STAT. 1321-182]]

    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.

        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) <<NOTE: Grants. Alaska.>>  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;

    [[Page 110 STAT. 1321-183]]

                (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

    [[Page 110 STAT. 1321-184]]

    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

    [[Page 110 STAT. 1321-185]]

    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 Alter

    [[Page 110 STAT. 1321-186]]

    native 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

    [[Page 110 STAT. 1321-187]]

    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, <<NOTE: 10 USC 7430 note.>> 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 <<NOTE: 10 USC 7431 note.>> 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.

        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.

    [[Page 110 STAT. 1321-188]]

                              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, <<NOTE: 42 USC 7135 note.>>  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, <<NOTE: Reports.>>  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.

    [[Page 110 STAT. 1321-189]]

        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.

    [[Page 110 STAT. 1321-190]]

                            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 <<NOTE: 25 USC 1681.>>
    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

    [[Page 110 STAT. 1321-191]]

    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

    [[Page 110 STAT. 1321-192]]

    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

    [[Page 110 STAT. 1321-193]]

    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.

        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

    [[Page 110 STAT. 1321-194]]

    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.

    [[Page 110 STAT. 1321-195]]

                                 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.

    [[Page 110 STAT. 1321-196]]

                  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. <<NOTE: Contracts.>>  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.

    [[Page 110 STAT. 1321-197]]

        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

    [[Page 110 STAT. 1321-198]]

    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. <<NOTE: Pennsylvania Avenue Development
    Corporation. Effective date. 40 USC 872 note.>>  (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) <<NOTE: 40 USC 872 note.>> 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.

    [[Page 110 STAT. 1321-199]]

        (c) <<NOTE: 40 USC 872 note.>>  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) <<NOTE: Effective date. 40 USC 872 note.>> 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 serv

    [[Page 110 STAT. 1321-200]]

    ices, 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) <<NOTE: 40 USC 872 note.>> 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)  <<NOTE: 40 USC 872 note.>> 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) <<NOTE: Termination. Effective date.>> 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. <<NOTE: 16 USC 460l-6a.>>  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

    [[Page 110 STAT. 1321-201]]

    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%, 20 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.

    [[Page 110 STAT. 1321-202]]

        (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) <<NOTE: Effective date. Termination date.>>  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 <<NOTE: 16 USC
    1611 note.>>  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.

    [[Page 110 STAT. 1321-203]]

        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, <<NOTE: Termination date.>>  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) <<NOTE: Reports.>>  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

    [[Page 110 STAT. 1321-204]]

            as to whether or not an applicant is entitled to a patent under
            the general mining laws on at least 90 percent of such
            applications within five years of the enactment of this Act and
            file reports annually thereafter with the same committees
            detailing actions taken by the Department of the Interior to
            carry out such plan; and
                (2) Take such actions as may be necessary to carry out such
            plan.

        (d) Mineral Examinations.--In order to process patent applications
    in a timely and responsible manner, upon the request of a patent
    applicant, the Secretary of the Interior shall allow the applicant to
    fund a qualified third-party contractor to be selected by the Bureau of
    Land Managment to conduct a mineral examination of the mining claims or
    mill sites contained in a patent application as set forth in subsection
    (b). The Bureau of Land Management shall have the sole responsibility to
    choose and pay the third-party contractor in accordance with the
    standard procedures employed by the Bureau of Land Management in the
    retention of third-party contractors.
        Sec. 323. None of the funds appropriated or otherwise made available
    by this Act may be used for the purposes of acquiring lands in the
    counties of Lawrence, Monroe, or Washington, Ohio, for the Wayne
    National Forest.

        Sec. 324. No part of any appropriation contained in this Act or any
    other Act shall be expended or obligated to fund the activities of the
    Office of Forestry and Economic Development after December 31, 1995.
        Sec. 325. (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 determina

    [[Page 110 STAT. 1321-205]]

    tion 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

    [[Page 110 STAT. 1321-206]]

    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

    [[Page 110 STAT. 1321-207]]

    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) <<NOTE: Federal Register, publication.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Termination date.>> 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) <<NOTE: Grants.>> 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) <<NOTE: Procedures.>> 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,

    [[Page 110 STAT. 1321-208]]

    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 <<NOTE: Courts.>> 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

    [[Page 110 STAT. 1321-209]]

            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 <<NOTE: Guidelines.>>  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

    [[Page 110 STAT. 1321-210]]

    transportation or processing of timber from private lands or impose
    additional accountability requirements on any timber. <<NOTE: Extension
    date. Effective date. 16 USC 620c note.>>  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. <<NOTE: Washington. Aviation.>>  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. <<NOTE: Daughters of the American Colonists.>>  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. <<NOTE: 5 USC 5597 note.>>  (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--

    [[Page 110 STAT. 1321-211]]

                (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:

    <<NOTE: Departments of Labor, Health and Human Services, and Education,
    and Related Agencies Appropriations Act, 1996.>> 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 <<NOTE: Department of Labor Appropriations Act, 1996.>> 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,

    [[Page 110 STAT. 1321-212]]

    $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.

    [[Page 110 STAT. 1321-213]]

        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)

    [[Page 110 STAT. 1321-214]]

    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.

    [[Page 110 STAT. 1321-215]]

                   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.

                          (including transfer of funds)

        For the payment of compensation, benefits, and expenses (except
    administrative expenses) accruing during the current or

    [[Page 110 STAT. 1321-216]]

    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

    [[Page 110 STAT. 1321-217]]

    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: <<NOTE: 29 USC 670 note.>>
    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

    [[Page 110 STAT. 1321-218]]

            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; <<NOTE: 30 USC 962.>>
    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: <<NOTE: 33 USC 921 note.>>  Provided, That no funds

    [[Page 110 STAT. 1321-219]]

    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, <<NOTE: Effective date.>> 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: <<NOTE: Effective
    date.>>  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 USC 901 et
    seq.).

        Beginning <<NOTE: Effective date. 33 USC 921 note.>>  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, <<NOTE: 29 USC 563.>>  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

    [[Page 110 STAT. 1321-220]]

    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. <<NOTE: Ergonomics.>>  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''.

    [[Page 110 STAT. 1321-221]]

    TITLE II <<NOTE: Department of Health and Human Services Appropriations
    Act, 1996.>> --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, <<NOTE: Family
    planning.>>  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, <<NOTE: Abortion.>>  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, <<NOTE: AIDS.>>  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

    [[Page 110 STAT. 1321-222]]

    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:

    [[Page 110 STAT. 1321-223]]

    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.

    [[Page 110 STAT. 1321-224]]

                       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,

    [[Page 110 STAT. 1321-225]]

    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, <<NOTE: President.>>  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.

        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.

    [[Page 110 STAT. 1321-226]]

                     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,

    [[Page 110 STAT. 1321-227]]

    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.

        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. <<NOTE: Children, youth and families. AIDS.>>  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.

    [[Page 110 STAT. 1321-228]]

        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. <<NOTE: Termination date.>>  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. <<NOTE: Reports. (transfer of funds)>>  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.

        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.

    [[Page 110 STAT. 1321-229]]

                               (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 \2\ Act: Provided further, That the Congress is promptly
    notified of the transfer.
    ---------------------------------------------------------------------------
        \2\ Illegible text, probably ``the Public Health Service''.
    ---------------------------------------------------------------------------

        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 <<NOTE: Department of Education Appropriations Act, 1996.>> --
    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, <<NOTE: 20 USC 5891 note.>>  the Secretary

    [[Page 110 STAT. 1321-230]]

    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

    [[Page 110 STAT. 1321-231]]

    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 <<NOTE: Territories.>>  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, <<NOTE: Grants.>>  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, <<NOTE: Grants.>>  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.

    [[Page 110 STAT. 1321-232]]

               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.

        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 <<NOTE: 20 USC 1070a.>>  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,

    [[Page 110 STAT. 1321-233]]

    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

    <<NOTE: Contracts.>>     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

    [[Page 110 STAT. 1321-234]]

    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.

        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 Shoah 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 con

    [[Page 110 STAT. 1321-235]]

    ference 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. <<NOTE: Schools. Busing. Desegregation.>>  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. <<NOTE: School prayer.>>  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.

    [[Page 110 STAT. 1321-236]]

    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, <<NOTE: 20
    USC 1087h note.>>  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

    [[Page 110 STAT. 1321-237]]

    of Education not later than 30 days after the date of enactment of this
    Act.
        (d) <<NOTE: Reports.>>  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.

        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

    [[Page 110 STAT. 1321-238]]

    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.

    [[Page 110 STAT. 1321-239]]

                         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.

    [[Page 110 STAT. 1321-240]]

                         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

    [[Page 110 STAT. 1321-241]]

    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.

    [[Page 110 STAT. 1321-242]]

              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.

        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.

    [[Page 110 STAT. 1321-243]]

        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. <<NOTE: AIDS.>>  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. <<NOTE: Abortion.>>  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.

    [[Page 110 STAT. 1321-244]]

        Sec. 509. <<NOTE: 31 USC 1301 note.>>  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.

    [[Page 110 STAT. 1321-245]]

        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. <<NOTE: 42 USC 238n.>>  (a) In General.--The Federal
    Government, and any State or local government that receives Federal
    financial assistance, may not subject any health care entity to
    discrimination on the basis that--
                ``(1) the entity refuses to undergo training in the
            performance of induced abortions, to require or provide such
            training, to perform such abortions, or to provide referrals for
            such training or such abortions;
                ``(2) the entity refuses to make arrangements for any of the
            activities specified in paragraph (1); or
                ``(3) the entity attends (or attended) a post-graduate
            physician training program, or any other program of training in
            the health professions, that does not (or did not) perform
            induced abortions or require, provide or refer for training in
            the performance of induced abortions, or make arrangements for
            the provision of such training.

        ``(b) Accreditation of Postgraduate Physician Training Programs.--
                ``(1) In general.--In determining whether to grant a legal
            status to a health care entity (including a license or
            certificate), or to provide such entity with financial
            assistance, services or other benefits, the Federal Government,
            or any State or local government that receives Federal financial
            assistance, shall deem accredited any postgraduate physician
            training program that would be accredited but for the
            accrediting agency's reliance upon an accreditation standards
            that requires an entity to perform an induced abortion or
            require, provide, or refer for training in the performance of
            induced abortions, or make arrangements for such training,
            regardless of whether such standard provides exceptions or
            exemptions. <<NOTE: Regulations.>>  The government involved
            shall formulate such regulations or other mechanisms,

    [[Page 110 STAT. 1321-246]]

            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

    [[Page 110 STAT. 1321-247]]

            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) <<NOTE: Publications.>>  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 <<NOTE: Effective date.>> (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).''.

    [[Page 110 STAT. 1321-248]]

        (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 <<NOTE: 20 USC 1070a
    note.>>  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.

    [[Page 110 STAT. 1321-249]]

            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, is $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,

    [[Page 110 STAT. 1321-250]]

            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 <<NOTE: Female genital mutilation. 42 USC 241 note.>> . (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.

    [[Page 110 STAT. 1321-251]]

        (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) <<NOTE: Effective date.>> 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).

    [[Page 110 STAT. 1321-252]]

    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).

    [[Page 110 STAT. 1321-253]]

                (9) Section 306(o) of such Act (20 U.S.C. 5886(o)) is
            amended by striking ``State opportunity-to-learn standards or
            strategies,''.
                (10) Section 308 of such Act (20 U.S.C. 5888) is amended--
                        (A) in subsection (b)(2)--
                              (i) in the matter preceding clause (i) of
                          subparagraph (A), by striking ``State opportunity-
                          to-learn standards,''; and
                              (ii) in subparagraph (A), by striking
                          ``including--'' and all that follows through
                          ``part B of title II;'' and inserting ``including
                          through consortia of States;''; and
                        (B) in subsection (c), by striking ``306(b)(1)'' and
                    inserting ``306(b)''.
                (11) For the purpose of expanding the use and availability
            of computers and computer technology, section 309(a)(6)(A)(ii)
            of such Act (20 U.S.C. 5889(a)(6)(A)(ii)) is amended by
            inserting after ``new public schools'' the following ``and the
            acquisition of technology and use of technology-enhanced
            curricula and instruction''
                (12) Section 312(b) of such Act (20 U.S.C. 5892(b)) is
            amended--
                        (A) by striking paragraph (1); and
                        (B) by redesignating paragraphs (2) and (3) as
                    paragraphs (1) and (2), respectively.
                (13) Section 314(a)(6)(A) of such Act (20 U.S.C.
            5894(a)(6)(A)) is amended by striking ``certified by the
            National Education Standards and Improvement Council and''.
                (14) Section 315 of such Act (20 U.S.C. 5895) is amended--
                        (A) in subsection (b)--
                              (i) in paragraph (1)(C), by striking ``,
                          including the requirements for timetables for
                          opportunity-to-learn standards,'';
                              (ii) by striking paragraph (2);
                              (iii) by redesignating paragraphs (3) through
                          (5) as paragraphs (2) through (4), respectively;
                              (iv) in paragraph (1)(A), by striking
                          ``paragraph (4) of this subsection'' and inserting
                          ``paragraph (3)'';
                              (v) in paragraph (2) (as redesignated by
                          clause (iii))--
                                        (I) by striking subparagraph (A);
                                        (II) by redesignating subparagraphs
                                    (B) and (C) as subparagraphs (A) and
                                    (B), respectively; and
                                        (III) in subparagraph (A) (as
                                    redesignated by subclause (II)) by
                                    striking ``, voluntary natural student
                                    performance standards, and voluntary
                                    natural opportunity-to-learn standards
                                    developed under part B of title II of
                                    this Act'' and inserting ``and voluntary
                                    national student performance
                                    standards'';
                              (vi) in subparagraph (B) of paragraph (3) (as
                          redesignated by clause (iii)), by striking
                          ``paragraph (5),'' and inserting ``paragraph
                          (4),''; and
                              (vii) in paragraph (4) (as redesignated by
                          clause (ii)), by striking ``paragraph (4)'' each
                          place it appears and inserting ``paragraph (3)'';

    [[Page 110 STAT. 1321-254]]

                        (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,'';

    [[Page 110 STAT. 1321-255]]

                        (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

    [[Page 110 STAT. 1321-256]]

            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''.

    [[Page 110 STAT. 1321-257]]

        (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. <<NOTE: 20 USC 5900.>>  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 <<NOTE: Departments of Veterans Affairs and Housing and Urban
    Development, and Independent Agencies Appropriations Act, 1996.>> 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

    [[Page 110 STAT. 1321-258]]

    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''.

                          (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

    [[Page 110 STAT. 1321-259]]

    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''.

                          (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

    [[Page 110 STAT. 1321-260]]

    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.

        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.

    [[Page 110 STAT. 1321-261]]

                        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

    [[Page 110 STAT. 1321-262]]

    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: <<NOTE: Reports.>>  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''.

        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

    [[Page 110 STAT. 1321-263]]

    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

    [[Page 110 STAT. 1321-264]]

    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.

    [[Page 110 STAT. 1321-265]]

                (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) <<NOTE: Certification.>> 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. <<NOTE: Federal buildings and facilities. Washington.>>
    (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

    [[Page 110 STAT. 1321-266]]

    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

    [[Page 110 STAT. 1321-267]]

    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, <<NOTE: 12 USC 4101
    note.>>  $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

    [[Page 110 STAT. 1321-268]]

    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,

    [[Page 110 STAT. 1321-269]]

    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, <<NOTE: Effective date.>>  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

    [[Page 110 STAT. 1321-270]]

    tenants to be displaced by the demolition, $480,000,000, to remain
    available until expended: Provided, That the Secretary of Housing and
    Urban Development shall award such funds to public housing agencies
    based upon, among other relevant criteria, the local and national impact
    of the proposed demolition and revitalization activities and the extent
    to which the public housing agency could undertake such activities
    without the additional assistance to be provided hereunder: Provided
    further, That eligible expenditures hereunder shall be those
    expenditures eligible under section 8 and section 14 of the United
    States Housing Act of 1937 (42 U.S.C. 1437f and l): Provided further,
    That the Secretary may impose such conditions and requirements as the
    Secretary deems appropriate to effectuate the purposes of this
    paragraph: Provided further, That the Secretary may require an agency
    selected to receive funding to make arrangements satisfactory to the
    Secretary for use of an entity other than the agency to carry out this
    program where the Secretary determines that such action will help to
    effectuate the purpose of this paragraph: Provided further, That in the
    event an agency selected to receive funding does not proceed
    expeditiously as determined by the Secretary, the Secretary shall
    withdraw any funding made available pursuant to this paragraph that has
    not been obligated by the agency and distribute such funds to one or
    more other eligible agencies, or to other entities capable of proceeding
    expeditiously in the same locality with the original program: Provided
    further, That of the foregoing $480,000,000, the Secretary may use up to
    .67 per centum for technical assistance, to be provided directly or
    indirectly by grants, contracts or cooperative agreements, including
    training and cost of necessary travel for participants in such training,
    by or to officials and employees of the Department and of public housing
    agencies and to residents: Provided further, That any replacement
    housing provided with assistance under this head shall be subject to
    section 18(f) of the United States Housing Act of 1937, as amended by
                         section 201(b)(2) of this Act.

                          (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.

    [[Page 110 STAT. 1321-271]]

              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

    [[Page 110 STAT. 1321-272]]

    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, <<NOTE: 42 USC 5305 note.>>  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 <<NOTE: Applicability. 42 USC 5306
    note.>> 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 dem

    [[Page 110 STAT. 1321-273]]

    onstrate 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,

    [[Page 110 STAT. 1321-274]]

    New York, shall be made available for the central terminal and for other
    public facilities in Buffalo, New York.

                         Policy Development and Research

                             research and technology

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

                       Fair Housing and Equal Opportunity

                             fair housing activities

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

                          Management and Administration

                              salaries and expenses

                         (including transfers of funds)

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

                           office of inspector general

                          (including transfer of funds)

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $47,850,000, of which $11,283,000 shall be transferred from the
    various funds of the Federal Housing Administration.

    [[Page 110 STAT. 1321-275]]

                 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

    [[Page 110 STAT. 1321-276]]

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

                    Government National Mortgage Association

     guarantees of mortgage-backed securities loan guarantee program account

                          (includes transfer of funds)

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

    [[Page 110 STAT. 1321-277]]

                            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 <<NOTE: 42 USC
            1437l.>>  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.

    [[Page 110 STAT. 1321-278]]

        ``(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) <<NOTE: 42 USC 1437l note.>>  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) <<NOTE: 42 USC 1437aa note.>>  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 <<NOTE: 42 USC 1437c note.>>  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 <<NOTE: 42 USC 1437p.>>  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) <<NOTE: 42 USC 1437aa note.>>  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.

    [[Page 110 STAT. 1321-279]]

                conversion of certain public housing to vouchers

        Sec. 202. <<NOTE: 42 USC 1437l note.>>  (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.

    [[Page 110 STAT. 1321-280]]

                (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

    [[Page 110 STAT. 1321-281]]

                    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.

        Sec. 203. (a) ``Take-One, Take-All''.--Section 8(t) of the United
    States Housing Act of 1937 <<NOTE: 42 USC 1437f.>>  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. <<NOTE: 42 USC 1437f note.>> --The provisions of
    this section shall be effective for fiscal year 1996 only.

              public housing/section 8 moving to work demonstration

        Sec. 204. <<NOTE: 42 USC 1437f.>>  (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

    [[Page 110 STAT. 1321-282]]

    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 perform

    [[Page 110 STAT. 1321-283]]

    ance 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

    [[Page 110 STAT. 1321-284]]

    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. <<NOTE: 42 USC 1437f.>>  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

    [[Page 110 STAT. 1321-285]]

    contract. The transfer shall be under such terms as the Secretary may
    prescribe.''.

                    documentation of multifamily refinancings

        Sec. 209. <<NOTE: Effective date. 12 USC 1715n.>>  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. <<NOTE: 42 USC 1437f.>>  (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.

    [[Page 110 STAT. 1321-286]]

            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

    [[Page 110 STAT. 1321-287]]

            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;

    [[Page 110 STAT. 1321-288]]

                (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. <<NOTE: Hubbard Hospital  Authority. Texas.>>  (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) <<NOTE: Groveton Texas Hospital Authority. Texas.>>  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

    [[Page 110 STAT. 1321-289]]

    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) <<NOTE: Hepzibah Public Service District. West
    Virginia. clarifications>>  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.

        Sec. 214. <<NOTE: California.>>  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 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

    [[Page 110 STAT. 1321-290]]

    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 <<NOTE: 42 USC 4852.>>  is amended as
    follows: Strike ``priority housing'' wherever it appears in said section
    and insert ``housing''.

        (b) <<NOTE: Grants.>>  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 <<NOTE: 42 USC 1437g.>>  is amended by striking ``for a period not
                              to exceed 6 years''.

        Sec. 219. The first sentence of section 221(g)(4)(C)(viii) of the
    National Housing Act <<NOTE: 12 USC 1715l.>>  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

    [[Page 110 STAT. 1321-291]]

    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) <<NOTE: 12 USC 1715u note.>>  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, <<NOTE: 12 USC
    1715u.>>  is repealed.

        (c) <<NOTE: 12 USC 1710 note.>>  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, <<NOTE: 12 USC 1710 note.>>  is repealed.

        (d) Extension of Reform to Mortgages Originated in Fiscal Year
    1996.--Section 407(c) <<NOTE: 12 USC 1710 note.>>  of the Balanced
    Budget Downpayment Act, I, is amended by striking ``originated before
    October 1, 1995'' and inserting ``executed before October 1, 1996''.

                              spending limitations

        Sec. 222. (a) None of the funds in this Act may be used by the
    Secretary to impose any sanction, or penalty because of the enactment of
    any State or local law or regulation declaring English as the official
    language.
        (b) No part of any appropriation contained in this Act shall be used
    for lobbying activities as prohibited by law.
        Sec. 223. None of the funds provided in this Act may be used during
    fiscal year 1996 to investigate or prosecute under the Fair Housing Act
    (42 U.S.C. 3601, et seq.) any otherwise lawful activity engaged in by
    one or more persons, including the filing or maintaining of non-
    frivolous legal action, that is engaged in solely for the purposes of
    achieving or preventing action by a Government official, entity, or
    court of competent jurisdiction.
        Sec. 224. None of the funds provided in this Act many be used to
    take any enforcement action with respect to a complaint of
    discrimination under the Fair Housing Act (42 U.S.C. 3601, et seq.) on
    the basis of familial status and which involves an occupancy standard
    established by the housing provider except to the extent that it is
    found that there has been discrimination in contravention of the
    standards provided in the March 20, 1991 Memorandum from the General
    Counsel of the Department of Housing and 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

    [[Page 110 STAT. 1321-292]]

                        (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 multi-year
    commitment. <<NOTE: Rules.>>  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 partnerships 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, <<NOTE: 12 USC 1715z-1.>>  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), <<NOTE: Ante, p. 40. minimum rent waiver
    authority>>  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),''.

        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

    [[Page 110 STAT. 1321-293]]

    (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, <<NOTE: 36
    USC 121b.>>  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, <<NOTE: 36 USC 122.>>  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,  <<NOTE: 36
    USC 122a.>> 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 inspec

    [[Page 110 STAT. 1321-294]]

    tor 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, <<NOTE: 12 USC 4703 note.>>  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

    [[Page 110 STAT. 1321-295]]

    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, <<NOTE: Reports.>>  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

    [[Page 110 STAT. 1321-296]]

    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

    [[Page 110 STAT. 1321-297]]

    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.

        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.

        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

    [[Page 110 STAT. 1321-298]]

    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.

    [[Page 110 STAT. 1321-299]]

                       state and tribal assistance grants

        For environmental programs and infrastructure assistance, including
    capitalization grants for State revolving funds and performance
    partnership grants, $2,813,000,0 \3\ 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 <<NOTE: 33 USC 1281 note.>>  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, <<NOTE: 33 USC 1281
    note.>>  That of the funds appropriated in the Construction Grants and
    Water Infrastructure/State Revolving Funds accounts since the appropria

    [[Page 110 STAT. 1321-300]]

    tion 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.
    ---------------------------------------------------------------------------
        \3\ Remainder of figure missing, complete figure probably
    should read ``$2,813,000,000''.

                            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. <<NOTE: Michigan. Public lands.>>  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.

    [[Page 110 STAT. 1321-301]]

                        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.

    [[Page 110 STAT. 1321-302]]

                         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 <<NOTE: Rules.>> 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,

    [[Page 110 STAT. 1321-303]]

    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.

    [[Page 110 STAT. 1321-304]]

        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.

        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.

    [[Page 110 STAT. 1321-305]]

        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, <<NOTE: Notification.>>  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, <<NOTE: Ante, p.
    38.>>  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

    [[Page 110 STAT. 1321-306]]

    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.

    [[Page 110 STAT. 1321-307]]

        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

    [[Page 110 STAT. 1321-308]]

    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--

    [[Page 110 STAT. 1321-309]]

                (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. <<NOTE: Contracts. Public information.>>  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. <<NOTE: Records.>>  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, evalua

    [[Page 110 STAT. 1321-310]]

    tions, 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 <<NOTE: Reports.>> . 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. <<NOTE: Government organization.>>  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, <<NOTE: Ante, p. 36.>>  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''.

    [[Page 110 STAT. 1321-311]]

         TITLE II <<NOTE: Supplemental Appropriations Act of 1996.>> --
      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
    benefits of in-plant personnel: Provided, <<NOTE: Certification.>>  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, <<NOTE: President.>>  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.

    [[Page 110 STAT. 1321-312]]

                 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

    SECTION 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

    [[Page 110 STAT. 1321-313]]

    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. <<NOTE: 7 USC 1941 note.>> 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 <<NOTE: FDA Export Reform and Enhancement Act of 1996.>>  1A

                           FOOD AND DRUG EXPORT REFORM

    SEC. 2101. SHORT TITLE; REFERENCE.

        (a) <<NOTE: 21 USC 301 note.>>  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) <<NOTE: Records. Reports.>>  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

    [[Page 110 STAT. 1321-314]]

            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 <<NOTE: Certification.>>  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

    [[Page 110 STAT. 1321-315]]

    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

    [[Page 110 STAT. 1321-316]]

    (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

    [[Page 110 STAT. 1321-317]]

                    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.

    [[Page 110 STAT. 1321-318]]

        ``(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) <<NOTE: Reports.>> 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

    [[Page 110 STAT. 1321-319]]

            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. <<NOTE: Records.>>  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

    [[Page 110 STAT. 1321-320]]

    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. <<NOTE: Publication.>>  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.

    [[Page 110 STAT. 1321-321]]

                                    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.

    [[Page 110 STAT. 1321-322]]

                                    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 ``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.

    [[Page 110 STAT. 1321-323]]

                         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,

    [[Page 110 STAT. 1321-324]]

    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, <<NOTE: President.>>  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, <<NOTE: President.>>  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,

    [[Page 110 STAT. 1321-325]]

    as amended: Provided further, <<NOTE: President.>>  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, <<NOTE: President.>>  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, <<NOTE: President.>>  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 Con

    [[Page 110 STAT. 1321-326]]

    trol Act of 1985, as amended: Provided further, <<NOTE: President.>>
    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, <<NOTE: President.>>  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, <<NOTE: President.>>
    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.

        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, <<NOTE: President.>>  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.

    [[Page 110 STAT. 1321-327]]

                                    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.

    [[Page 110 STAT. 1321-328]]

                        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.

    [[Page 110 STAT. 1321-329]]

                               GENERAL PROVISIONS

                               (transfer of funds)

        Sec. 2701. Section 8005 of the Department of Defense Appropriations
    Act, 1996 (Public Law 104-61), <<NOTE: 109 Stat. 652.>>  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) <<NOTE: Contracts.>>  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) <<NOTE: Certification.>>  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) <<NOTE: Reports.>>  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

    [[Page 110 STAT. 1321-330]]

    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. <<NOTE: AIDS.>>  (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 <<NOTE: 10 USC 1177 note.>>  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.

        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.

    [[Page 110 STAT. 1321-331]]

        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 <<NOTE: 109 Stat. 673.>> 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), <<NOTE: 109 Stat. 437.>>
    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: <<NOTE: President.>>  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.

    [[Page 110 STAT. 1321-332]]

                         Federal Transit Administration

                            mass transit capital fund

                     (liquidation of contract authorization)

                              (highway trust fund)

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

                           OTHER INDEPENDENT AGENCIES

                             Panama Canal Commission

                           panama canal revolving fund

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

                               General Provisions

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

    [[Page 110 STAT. 1321-333]]

    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 <<NOTE: 109 Stat. 473.>>  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 <<NOTE: 109 Stat. 474.>>  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 <<NOTE: 109 Stat. 479.>>
    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) <<NOTE: 26 USC 7801 note.>>  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) <<NOTE: 26 USC 7801 note.>>  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.

    [[Page 110 STAT. 1321-334]]

                                   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, <<NOTE: President.>>
    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, <<NOTE: President.>>  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.

    [[Page 110 STAT. 1321-335]]

                               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 <<NOTE: Ante, p. 27, 30,
    34.>>  shall remain in effect as if enacted as part of this Act.

        Sec. 21104. <<NOTE: Reports.>>  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 <<NOTE: USEC Privatization Act.>>  A--United States
    Enrichment Corporation Privatization

    SEC. 3101. <<NOTE: 42 USC 2011 note.>>  SHORT TITLE.

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

    SEC. 3102. <<NOTE: 42 USC 2297h.>>  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.

    [[Page 110 STAT. 1321-336]]

                (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. <<NOTE: 42 USC 2297h-1.>>  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. <<NOTE: 42 USC 2297h-2.>>  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

    [[Page 110 STAT. 1321-337]]

    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. <<NOTE: 42 USC 2297h-3.>>  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

    [[Page 110 STAT. 1321-338]]

    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. <<NOTE: 42 USC 2297h-4.>> 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) <<NOTE: Records.>>  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. <<NOTE: 42 USC 2297h-5.>>  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)).

    [[Page 110 STAT. 1321-339]]

        (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. <<NOTE: 42 USC 2297h-6.>>  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. <<NOTE: 42 USC 2297h-7.>>  LIABILITIES.

        (a) Liability of the United States.--(1) Except as otherwise
    provided in this subchapter, all liabilities arising out of the oper

    [[Page 110 STAT. 1321-340]]

    ation 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. <<NOTE: 42 USC 2297h-8.>>  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

    [[Page 110 STAT. 1321-341]]

    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

    [[Page 110 STAT. 1321-342]]

            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 deter

    [[Page 110 STAT. 1321-343]]

            mined 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. <<NOTE: 42 USC 2297h-9.>>  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,

    [[Page 110 STAT. 1321-344]]

    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. <<NOTE: 42 USC 2297h-10.>>  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 U<INF>3</INF>O<INF>8</INF> 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,

    [[Page 110 STAT. 1321-345]]

    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 U<INF>3</INF>O<INF>8</INF>
    (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. U<INF>3</INF>O<INF>8</INF> 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

    [[Page 110 STAT. 1321-346]]

    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) <<NOTE: President. Reports.>>  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) <<NOTE: President.>>  the President determines that the
            material is not necessary for national security needs,

    [[Page 110 STAT. 1321-347]]

                (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. <<NOTE: 42 USC 2297h-11.>>  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.

    [[Page 110 STAT. 1321-348]]

    SEC. 3114. <<NOTE: 42 USC 2297h-12.>>  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) <<NOTE: President.>>  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. <<NOTE: 42 USC 2297h-13.>>  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) <<NOTE: Contracts.>>  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.

    [[Page 110 STAT. 1321-349]]

        (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:

    [[Page 110 STAT. 1321-350]]

                ``(1) Any final order entered in any proceeding of the kind
            specified in subsection (a).
                ``(2) Any final order allowing or prohibiting a facility to
            begin operating under a combined construction and operating
            license.
                ``(3) Any final order establishing by regulation standards
            to govern the Department of Energy's gaseous diffusion uranium
            enrichment plants, including any such facilities leased to a
            corporation established under the USEC Privatization Act.
                ``(4) Any final determination under section 1701(c) relating
            to whether the gaseous diffusion plants, including any such
            facilities leased to a corporation established under the USEC
            Privatization Act, are in compliance with the Commission's
            standards governing the gaseous diffusion plants and all
            applicable laws.''.

        (d) Civil Penalties.--Section 234 a. of the Atomic Energy Act of
    1954 (42 U.S.C. 2282(a) is amended by--
                (1) striking ``any licensing provision of section 53, 57,
            62, 63, 81, 82, 101, 103, 104, 107, or 109'' and inserting:
            ``any licensing or certification provision of section 53, 57,
            62, 63, 81, 82, 101, 103, 104, 107, 109, or 1701''; and
                (2) by striking ``any license issued thereunder'' and
            inserting: ``any license or certification issued thereunder''.

        (e) <<NOTE: 42 USC 2297 note.>>  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. <<NOTE: 16 USC 838l.>>  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

    [[Page 110 STAT. 1321-351]]

                          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) <<NOTE: Effective date.>>  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

    [[Page 110 STAT. 1321-352]]

            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

    [[Page 110 STAT. 1321-353]]

                        (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

    [[Page 110 STAT. 1321-354]]

                        (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.

    [[Page 110 STAT. 1321-355]]

                                    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) <<NOTE: 42 USC 603.>>  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;

    [[Page 110 STAT. 1321-356]]

        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.

    [[Page 110 STAT. 1321-357]]

            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.

    [[Page 110 STAT. 1321-358]]

                                    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. <<NOTE: Debt Collection Improvement Act of 1996.>>  DEBT
                COLLECTION IMPROVEMENT ACT OF 1996.

        (a)(1) <<NOTE: 31 USC 3701 note.>>  This section may be cited as the
    ``Debt Collection Improvement Act of 1996''.

        (2)(A) <<NOTE: Effective date. 31 USC 3322 note.>>  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) <<NOTE: Applicability. 31 USC 3716 note.>>  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) <<NOTE: 31 USC 3701 note.>>  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 cog

    [[Page 110 STAT. 1321-359]]

            nizant 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

    [[Page 110 STAT. 1321-360]]

    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. <<NOTE: Reports.>>  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

    [[Page 110 STAT. 1321-361]]

    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. <<NOTE: Rules, regulations, and procedures.>>  The
    Secretary shall consult with the heads of affected agencies in the
    development of such rules, regulations, and procedures.

        ``(6) <<NOTE: Notification.>>  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) <<NOTE: Notification.>>  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:

    [[Page 110 STAT. 1321-362]]

                ``(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

    [[Page 110 STAT. 1321-363]]

                ``(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. <<NOTE: Records.>>  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

    [[Page 110 STAT. 1321-364]]

                    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 <<NOTE: 26 USC
    6103.>>  (relating to disclosure that applicant for Federal loan has tax
    delinquent account) is amended to read as follows:

    [[Page 110 STAT. 1321-365]]

                        ``(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) <<NOTE: Standards.>>  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)

    [[Page 110 STAT. 1321-366]]

    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.

    [[Page 110 STAT. 1321-367]]

        ``(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.

    [[Page 110 STAT. 1321-368]]

        ``(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 <<NOTE: 26 USC 6050P.>> (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

    [[Page 110 STAT. 1321-369]]

                        (ii) in paragraph (3), as so redesignated, by
                    striking ``(1)(B)'' and inserting ``(1)(A) or (2)(B)''.
                (C) Alternative procedure.--Section 6050P <<NOTE: 26 USC
            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) <<NOTE: Effective date. 31 USC 3711 note.>>  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) <<NOTE: Notification.>>  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;

    [[Page 110 STAT. 1321-370]]

                        ``(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) <<NOTE: Records.>>  The individual shall be provided
            an opportunity to inspect and copy records relating to the debt.
                ``(4) <<NOTE: Contracts.>>  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) <<NOTE: Courts.>>  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

    [[Page 110 STAT. 1321-371]]

                ``(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) <<NOTE: Regulations.>>  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) <<NOTE: Reports.>>  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,

    [[Page 110 STAT. 1321-372]]

    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:

    [[Page 110 STAT. 1321-373]]

    ``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) <<NOTE: Regulations.>>  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) <<NOTE: Regulations.>>  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) <<NOTE: Federal Register, Publication.>>  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) <<NOTE: 28 USC 2461 note.>>  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:

    [[Page 110 STAT. 1321-374]]

    ``Sec. 3720C. Debt Collection Improvement Account

        ``(a)(1) <<NOTE: Nomenclature.>> 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

    [[Page 110 STAT. 1321-375]]

    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) <<NOTE: Rules, regulations, and procedures.>>  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) <<NOTE: Notification.>>  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) <<NOTE: Notification.>>  shall notify a taxpayer in
            writing of--

    [[Page 110 STAT. 1321-376]]

                        ``(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) <<NOTE: Notification.>>  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) <<NOTE: Records.>>  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

    [[Page 110 STAT. 1321-377]]

            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'';

    [[Page 110 STAT. 1321-378]]

                        (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,

    [[Page 110 STAT. 1321-379]]

                ``(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) <<NOTE: 31 USC 3701 note.>>  is amended by striking ``and
            before'' and all that follows and inserting a period.

        (aa)(1) <<NOTE: 31 USC 3711 note.>>  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) <<NOTE: 31 USC 3711 note.>>  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

    [[Page 110 STAT. 1321-380]]

    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) <<NOTE: Regulations.>>  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) <<NOTE: 31 USC 3719 note.>>  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) <<NOTE: 31 USC 3711 note.>>  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) <<NOTE: 31 USC 3718 notes.>>  are hereby repealed.

              FEDERAL ADMINISTRATIVE AND PERSONAL SERVICES EXPENSES

                                  (recissions)

        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

    [[Page 110 STAT. 1321-381]]

    agency, department, and office in the Executive Branch, including the
    Office of the President.
        (b) <<NOTE: Records.>>  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''.

        Approved April 26, 1996.

    LEGISLATIVE HISTORY--H.R. 3019 (S. 1594):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 104-537 (Comm. of Conference).
    SENATE REPORTS: No. 104-236 accompanying S. 1594 (Comm. on
    Appropriations).
    CONGRESSIONAL RECORD, Vol. 142 (1996):
                Mar. 7, considered and passed House.
                Mar. 11-15, 18, 19, considered and passed Senate, amended.
                Apr. 25, House and Senate agreed to conference report.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
                Apr. 26, Presidential statement.

                                      <all>