[104th Congress Public Law 134]
[From the U.S. Government Printing 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:
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* 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.
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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''.
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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.
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\2\ Illegible text, probably ``the Public Health Service''.
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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.
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