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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3019 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                        March 19, 1996.
      Resolved, That the bill from the House of Representatives (H.R. 
3019) entitled ``An Act making appropriations for fiscal year 1996 to 
make a further downpayment toward a balanced budget, and for other 
purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, and out of applicable corporate or 
other revenues, receipts, and funds, for the several departments, 
agencies, corporations, and other organizational units of the 
Government for the fiscal year 1996, and for other purposes, namely:

                    TITLE I--OMNIBUS APPROPRIATIONS

    Sec. 101. (a) Such amounts as may be necessary for programs, 
projects or activities provided for in the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 1996 at a rate of operations and to the extent and in the manner 
provided as follows, to be effective as if it had been enacted into law 
as the regular appropriations Act:

                                 AN ACT

    Making appropriations for the Departments of Commerce, Justice, and 
State, the Judiciary, and related agencies for the fiscal year ending 
September 30, 1996, and for other purposes.

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $74,282,000; including not to exceed $3,317,000 for the 
Facilities Program 2000, and including $5,000,000 for management and 
oversight of Immigration and Naturalization Service activities, both 
sums to remain available until expended: Provided, That not to exceed 
76 permanent positions and 90 full-time equivalent workyears and 
$9,487,000 shall be expended for the Offices of Legislative Affairs, 
Public Affairs and Policy Development: Provided further, That the 
latter three aforementioned offices shall not be augmented by personnel 
details, temporary transfers of personnel on either a reimbursable or 
non-reimbursable basis or any other type of formal or informal transfer 
or reimbursement of personnel or funds on either a temporary or long-
term basis.

                         counterterrorism fund

    For necessary expenses, as determined by the Attorney General, 
$16,898,000, to remain available until expended, to reimburse any 
Department of Justice organization for (1) the costs incurred in 
reestablishing the operational capability of an office or facility 
which has been damaged or destroyed as a result of the bombing of the 
Alfred P. Murrah Federal Building in Oklahoma City or any domestic or 
international terrorist incident, (2) the costs of providing support to 
counter, investigate or prosecute domestic or international terrorism, 
including payment of rewards in connection with these activities, and 
(3) the costs of conducting a terrorism threat assessment of Federal 
agencies and their facilities: Provided, That funds provided under this 
section shall be available only after the Attorney General notifies the 
Committees on Appropriations of the House of Representatives and the 
Senate in accordance with section 605 of this Act.

                   administrative review and appeals

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

  violent crime reduction programs, administrative review and appeals

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

                      office of inspector general

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

                    United States Parole Commission

                         salaries and expenses

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

                            Legal Activities

            salaries and expenses, general legal activities

                     (including transfer of funds)

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

       violent crime reduction programs, general legal activities

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

               salaries and expenses, antitrust division

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

             salaries and expenses, united states attorneys

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

       violent crime reduction programs, united states attorneys

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

                   united states trustee system fund

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

      salaries and expenses, foreign claims settlement commission

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

         salaries and expenses, united states marshals service

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

    violent crime reduction programs, united states marshals service

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

                       federal prisoner detention

                     (including transfer of funds)

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

                     fees and expenses of witnesses

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

           salaries and expenses, community relations service

    For necessary expenses of the Community Relations Service, 
established by title X of the Civil Rights Act of 1964, $5,319,000: 
Provided, That notwithstanding any other provision of this title, upon 
a determination by the Attorney General that emergent circumstances 
require additional funding for conflict prevention and resolution 
activities of the Community Relations Service, the Attorney General may 
transfer such amounts to the Community Relations Service, from 
available appropriations for the current fiscal year for the Department 
of Justice, as may be necessary to respond to such circumstances: 
Provided further, That any transfer pursuant to this section shall be 
treated as a reprogramming under section 605 of this Act and shall not 
be available for obligation or expenditure except in compliance with 
the procedures set forth in that section.

                         assets forfeiture fund

    For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (C), 
(F), and (G), as amended, $30,000,000 to be derived from the Department 
of Justice Assets Forfeiture Fund.

                    Radiation Exposure Compensation

                        administrative expenses

    For necessary administrative expenses in accordance with the 
Radiation Exposure Compensation Act, $2,655,000.

         payment to radiation exposure compensation trust fund

    For payments to the Radiation Exposure Compensation Trust Fund, 
$16,264,000, to become available on October 1, 1996.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

    For necessary expenses for the detection, investigation, and 
prosecution of individuals involved in organized crime drug trafficking 
not otherwise provided for, to include intergovernmental agreements 
with State and local law enforcement agencies engaged in the 
investigation and prosecution of individuals involved in organized 
crime drug trafficking, $359,843,000, of which $50,000,000 shall remain 
available until expended: Provided, That any amounts obligated from 
appropriations under this heading may be used under authorities 
available to the organizations reimbursed from this appropriation: 
Provided further, That any unobligated balances remaining available at 
the end of the fiscal year shall revert to the Attorney General for 
reallocation among participating organizations in succeeding fiscal 
years, subject to the reprogramming procedures described in section 605 
of this Act.

                    Federal Bureau of Investigation

                         salaries and expenses

                     (including transfer of funds)

    For expenses necessary for detection, investigation, and 
prosecution of crimes against the United States; including purchase for 
police-type use of not to exceed 1,815 passenger motor vehicles of 
which 1,300 will be for replacement only, without regard to the general 
purchase price limitation for the current fiscal year, and hire of 
passenger motor vehicles; acquisition, lease, maintenance and operation 
of aircraft; and not to exceed $70,000 to meet unforeseen emergencies 
of a confidential character, to be expended under the direction of, and 
to be accounted for solely under the certificate of, the Attorney 
General; $2,189,183,000, of which not to exceed $50,000,000 for 
automated data processing and telecommunications and technical 
investigative equipment and $1,000,000 for undercover operations shall 
remain available until September 30, 1997; of which not less than 
$102,345,000 shall be for counterterrorism investigations, foreign 
counterintelligence, and other activities related to our national 
security; of which not to exceed $98,400,000 shall remain available 
until expended; of which not to exceed $10,000,000 is authorized to be 
made available for making payments or advances for expenses arising out 
of contractual or reimbursable agreements with State and local law 
enforcement agencies while engaged in cooperative activities related to 
violent crime, terrorism, organized crime, and drug investigations; and 
of which $1,500,000 shall be available to maintain an independent 
program office dedicated solely to the relocation of the Criminal 
Justice Information Services Division and the automation of fingerprint 
identification services: Provided, That not to exceed $45,000 shall be 
available for official reception and representation expenses: Provided 
further, That $58,000,000 shall be made available for NCIC 2000, of 
which not less than $35,000,000 shall be derived from ADP and 
Telecommunications unobligated balances, and of which $22,000,000 shall 
be derived by transfer and available until expended from unobligated 
balances in the Working Capital Fund of the Department of Justice.

                    violent crime reduction programs

    For activities authorized by Public Law 103-322, $218,300,000, to 
remain available until expended, which shall be derived from the 
Violent Crime Reduction Trust Fund, of which $208,800,000 shall be for 
activities authorized by section 190001(c); $4,000,000 for Training and 
Investigative Assistance authorized by section 210501(c)(2); and 
$5,500,000 for establishing DNA quality assurance and proficiency 
testing standards, establishing an index to facilitate law enforcement 
exchange of DNA identification information, and related activities 
authorized by section 210306.

                              construction

    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of federally-owned buildings; 
and preliminary planning and design of projects; $97,589,000, to remain 
available until expended.

                    Drug Enforcement Administration

                         salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character, to be expended under the direction of, and to 
be accounted for solely under the certificate of, the Attorney General; 
expenses for conducting drug education and training programs, including 
travel and related expenses for participants in such programs and the 
distribution of items of token value that promote the goals of such 
programs; purchase of not to exceed 1,208 passenger motor vehicles, of 
which 1,178 will be for replacement only, for police-type use without 
regard to the general purchase price limitation for the current fiscal 
year; and acquisition, lease, maintenance, and operation of aircraft; 
$750,168,000, of which not to exceed $1,800,000 for research and 
$15,000,000 for transfer to the Drug Diversion Control Fee Account for 
operating expenses shall remain available until expended, and of which 
not to exceed $4,000,000 for purchase of evidence and payments for 
information, not to exceed $4,000,000 for contracting for ADP and 
telecommunications equipment, and not to exceed $2,000,000 for 
technical and laboratory equipment shall remain available until 
September 30, 1997, and of which not to exceed $50,000 shall be 
available for official reception and representation expenses.

                    violent crime reduction programs

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

                 Immigration and Naturalization Service

                         salaries and expenses

    For expenses, not otherwise provided for, necessary for the 
administration and enforcement of the laws relating to immigration, 
naturalization, and alien registration, including not to exceed $50,000 
to meet unforeseen emergencies of a confidential character, to be 
expended under the direction of, and to be accounted for solely under 
the certificate of, the Attorney General; purchase for police-type use 
(not to exceed 813 of which 177 are for replacement only) without 
regard to the general purchase price limitation for the current fiscal 
year, and hire of passenger motor vehicles; acquisition, lease, 
maintenance and operation of aircraft; and research related to 
immigration enforcement; $1,394,825,000, of which $36,300,000 shall 
remain available until September 30, 1997; of which $506,800,000 is 
available for the Border Patrol; of which not to exceed $400,000 for 
research shall remain available until expended; and of which not to 
exceed $10,000,000 shall be available for costs associated with the 
training program for basic officer training: Provided, That none of the 
funds available to the Immigration and Naturalization Service shall be 
available for administrative expenses to pay any employee overtime pay 
in an amount in excess of $25,000 during the calendar year beginning 
January 1, 1996: Provided further, That uniforms may be purchased 
without regard to the general purchase price limitation for the current 
fiscal year: Provided further, That not to exceed $5,000 shall be 
available for official reception and representation expenses: Provided 
further, That the Attorney General may transfer to the Department of 
Labor and the Social Security Administration not to exceed $10,000,000 
for programs to verify the immigration status of persons seeking 
employment in the United States: Provided further, That none of the 
funds provided in this or any other Act shall be used for the continued 
operation of the San Clemente and Temecula checkpoints unless: (1) the 
checkpoints are open and traffic is being checked on a continuous 24-
hour basis and (2) the Immigration and Naturalization Service 
undertakes a commuter lane facilitation pilot program at the San 
Clemente checkpoint within 90 days of enactment of this Act: Provided 
further, That the Immigration and Naturalization Service shall 
undertake the renovation and improvement of the San Clemente 
checkpoint, to include the addition of two to four lanes, and which 
shall be exempt from Federal procurement regulations for contract 
formation, from within existing balances in the Immigration and 
Naturalization Service Construction account: Provided further, That if 
renovation of the San Clemente checkpoint is not completed by July 1, 
1996, the San Clemente checkpoint will close until such time as the 
renovations and improvements are completed unless funds for the 
continued operation of the checkpoint are provided and made available 
for obligation and expenditure in accordance with procedures set forth 
in section 605 of this Act, as the result of certification by the 
Attorney General that exigent circumstances require the checkpoint to 
be open and delays in completion of the renovations are not the result 
of any actions that are or have been in the control of the Department 
of Justice: Provided further, That the Office of Public Affairs at the 
Immigration and Naturalization Service shall conduct its business in 
areas only relating to its central mission, including: research, 
analysis, and dissemination of information, through the media and other 
communications outlets, relating to the activities of the Immigration 
and Naturalization Service: Provided further, That the Office of 
Congressional Relations at the Immigration and Naturalization Service 
shall conduct business in areas only relating to its central mission, 
including: providing services to Members of Congress relating to 
constituent inquiries and requests for information; and working with 
the relevant congressional committees on proposed legislation affecting 
immigration matters: Provided further, That in addition to amounts 
otherwise made available in this title to the Attorney General, the 
Attorney General is authorized to accept and utilize, on behalf of the 
United States, the $100,000 Innovation in American Government Award for 
1995 from the Ford Foundation for the Immigration and Naturalization 
Service's Operation Jobs program.

                    violent crime reduction programs

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

                              construction

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

                         Federal Prison System

                         salaries and expenses

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

                    violent crime reduction programs

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

                        buildings and facilities

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

                federal prison industries, incorporated

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

   limitation on administrative expenses, federal prison industries, 
                              incorporated

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

                       Office of Justice Programs

                           justice assistance

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

          violent crime reduction programs, justice assistance

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

               state and local law enforcement assistance

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

   violent crime reduction programs, state and local law enforcement 
                               assistance

    For assistance (including amounts for administrative costs for 
management and administration, which amounts shall be transferred to 
and merged with the ``Justice Assistance'' account) authorized by the 
Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-
322 (``the 1994 Act''); the Omnibus Crime Control and Safe Streets Act 
of 1968, as amended (``the 1968 Act''); and the Victims of Child Abuse 
Act of 1990, as amended (``the 1990 Act''); $3,005,200,000, to remain 
available until expended, which shall be derived from the Violent Crime 
Reduction Trust Fund; of which $1,903,000,000 shall be for Local Law 
Enforcement Block Grants, pursuant to H.R. 728 as passed by the House 
of Representatives on February 14, 1995 for the purposes set forth in 
paragraphs (A), (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728 
and for establishing crime prevention programs involving cooperation 
between community residents and law enforcement personnel in order to 
control, detect, or investigate crime or the prosecution of criminals: 
Provided, That recipients are encouraged to use these funds to hire 
additional law enforcement officers: Provided further, That no less 
than $975,000,000 of this amount shall be available for Public Safety 
and Community Policing grants pursuant to title I of the 1994 Act: 
Provided further, That no less than $20,000,000 shall be for the 
District of Columbia Metropolitan Police Department to be used at the 
discretion of the police chief for law enforcement purposes, 
conditioned upon prior written consultation and notification being 
given to the chairman and ranking members of the House and Senate 
Committees on the Judiciary and Appropriations: Provided further, That 
no less than $25,000,000 of this amount shall be for drug courts 
pursuant to title V of the 1994 Act: Provided further, That not less 
than $20,000,000 of this amount shall be for Boys & Girls Clubs of 
America for the establishment of Boys & Girls Clubs in public housing 
facilities and other areas in cooperation with State and local law 
enforcement: Provided further, That not less than $80,000,000 of such 
amount shall be for crime prevention block grants pursuant to subtitle 
B of title III of the 1994 Act: Provided further, That funds may also 
be used to defray the costs of indemnification insurance for law 
enforcement officers: Provided further, That $10,000,000 of this amount 
shall be available for programs of Police Corps education, training and 
service as set forth in sections 200101-200113 of the 1994 Act; 
$25,000,000 for grants to upgrade criminal records, as authorized by 
section 106(b) of the Brady Handgun Violence Prevention Act of 1993, as 
amended, and section 4(b) of the National Child Protection Act of 1993; 
$147,000,000 as authorized by section 1001 of title I of the 1968 Act, 
which shall be available to carry out the provisions of subpart 1, part 
E of title I of the 1968 Act, notwithstanding section 511 of said Act, 
for the Edward Byrne Memorial State and Local Law Enforcement 
Assistance Programs; $300,000,000 for the State Criminal Alien 
Assistance Program, as authorized by section 242(j) of the Immigration 
and Nationality Act, as amended; $617,500,000 for Violent Offender 
Incarceration and Truth in Sentencing Incentive Grants pursuant to 
subtitle A of title II of the Violent Crime Control and Law Enforcement 
Act of 1994 (as amended by section 114 of this Act), of which 
$200,000,000 shall be available for payments to States for 
incarceration of criminal aliens, and of which $12,500,000 shall be 
available for the Cooperative Agreement Program; $1,000,000 for grants 
to States and units of local government for projects to improve DNA 
analysis, as authorized by section 1001(a)(22) of the 1968 Act; 
$9,000,000 for Improved Training and Technical Automation Grants, as 
authorized by section 210501(c)(1) of the 1994 Act; $1,000,000 for Law 
Enforcement Family Support Programs, as authorized by section 
1001(a)(21) of the 1968 Act; $500,000 for Motor Vehicle Theft 
Prevention Programs, as authorized by section 220002(h) of the 1994 
Act; $1,000,000 for Gang Investigation Coordination and Information 
Collection, as authorized by section 150006 of the 1994 Act; $200,000 
for grants as authorized by section 32201(c)(3) of the 1994 Act: 
Provided further, That funds made available in fiscal year 1996 under 
subpart 1 of part E of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended, may be obligated for programs to 
assist States in the litigation processing of death penalty Federal 
habeas corpus petitions: Provided further, That any 1995 balances for 
these programs shall be transferred to and merged with this 
appropriation: Provided further, That if a unit of local government 
uses any of the funds made available under this title to increase the 
number of law enforcement officers, the unit of local government will 
achieve a net gain in the number of law enforcement officers who 
perform nonadministrative public safety service.

                       weed and seed program fund

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

                       juvenile justice programs

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

                    public safety officers benefits

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

               General Provisions--Department of Justice

    Sec. 101. In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of 
not to exceed $45,000 from funds appropriated to the Department of 
Justice in this title shall be available to the Attorney General for 
official reception and representation expenses in accordance with 
distributions, procedures, and regulations established by the Attorney 
General.
    Sec. 102. Subject to section 102(b) of the Department of Justice 
and Related Agencies Appropriations Act, 1993, as amended by section 
112 of this Act, authorities contained in Public Law 96-132, ``The 
Department of Justice Appropriation Authorization Act, Fiscal Year 
1980'', shall remain in effect until the termination date of this Act 
or until the effective date of a Department of Justice Appropriation 
Authorization Act, whichever is earlier.
    Sec. 103. None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case 
of rape: Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 104. None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 105. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 104 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 106. Notwithstanding any other provision of law, not to exceed 
$10,000,000 of the funds made available in this Act may be used to 
establish and publicize a program under which publicly-advertised, 
extraordinary rewards may be paid, which shall not be subject to 
spending limitations contained in sections 3059 and 3072 of title 18, 
United States Code: Provided, That any reward of $100,000 or more, up 
to a maximum of $2,000,000, may not be made without the personal 
approval of the President or the Attorney General and such approval may 
not be delegated.
    Sec. 107. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act, including those derived from the Violent Crime Reduction 
Trust Fund, may be transferred between such appropriations, but no such 
appropriation, except ``salaries and expenses, Community Relations 
Service'' or as otherwise specifically provided, shall be increased by 
more than 10 percent by any such transfers: Provided, That any transfer 
pursuant to this section shall be treated as a reprogramming of funds 
under section 605 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.
    Sec. 108. For fiscal year 1996 and each fiscal year thereafter, 
amounts in the Federal Prison System's Commissary Fund, Federal 
Prisons, which are not currently needed for operations, shall be kept 
on deposit or invested in obligations of, or guaranteed by, the United 
States and all earnings on such investment shall be deposited in the 
Commissary Fund.
    Sec. 109. (a) Section 524(c)(8)(E) of title 28, United States Code, 
is amended by deleting ``1994'' and inserting ``1995'' in place 
thereof.
    (b) Section 524(c)(9) is amended to read as follows: ``(9) 
Following the completion of procedures for the forfeiture of property 
pursuant to any law enforced or administered by the Department, the 
Attorney General is authorized, at his discretion, to warrant clear 
title to any subsequent purchaser or transferee of such property.''.
    Sec. 110. Hereafter, notwithstanding any other provision of law--
            (1) No transfers may be made from Department of Justice 
        accounts other than those authorized in this Act, or in 
        previous or subsequent appropriations Acts for the Department 
        of Justice, or in part II of title 28 of the United States 
        Code, or in section 10601 of title 42 of the United States 
        Code; and
            (2) No appropriation account within the Department of 
        Justice shall have its allocation of funds controlled by other 
        than an apportionment issued by the Office of Management and 
        Budget or an allotment advice issued by the Department of 
        Justice.
    Sec. 111. (a) Section 1930(a)(6) of title 28, United States Code, 
is amended by striking ``a plan is confirmed or''.
    (b) Section 589a(b)(5) of such title is amended by striking ``;'' 
and inserting, ``until a reorganization plan is confirmed;''.
    (c) Section 589a(f) of such title is amended--
            (1) in paragraph (2) by striking ``.'' and inserting, 
        ``until a reorganization plan is confirmed;'', and
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) 100 percent of the fees collected under section 
        1930(a)(6) of this title after a reorganization plan is 
        confirmed.''.
    Sec. 112. Public Law 102-395, section 102 is amended as follows: 
(1) in subsection (b)(1) strike ``years 1993, 1994, and 1995'' and 
insert ``year 1996''; (2) in subsection (b)(1)(C) strike ``years 1993, 
1994, and 1995'' and insert ``year 1996''; and (3) in subsection 
(b)(5)(A) strike ``years 1993, 1994, and 1995'' and insert ``year 
1996''.
    Sec. 113. Public Law 101-515 (104 Stat. 2112; 28 U.S.C. 534 note) 
is amended by inserting ``and criminal justice information'' after 
``for the automation of finger-print identification''.
    Sec. 114. (a) Grant Program.--Subtitle A of title II of the Violent 
Crime Control and Law Enforcement Act of 1994 is amended to read as 
follows:

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

``SEC. 20101. DEFINITIONS.

    ``As used in this subtitle--
            ``(1) the term `indeterminate sentencing' means a system by 
        which--
                    ``(A) the court may impose a sentence of a range 
                defined by statute; and
                    ``(B) an administrative agency, generally the 
                parole board, or the court, controls release within the 
                statutory range;
                    ``(2) the term `sentencing guidelines' means a 
                system of sentences which--
                            ``(A) is established for use by a 
                        sentencing court in determining the sentence to 
                        be imposed in a criminal case; and
                            ``(B) increases certainty in sentencing, 
                        thereby providing assurances to victims of the 
                        sentence to be served;
            ``(3) the term `part 1 violent crime' means murder and 
        nonnegligent manslaughter, forcible rape, robbery, and 
        aggravated assault as reported to the Federal Bureau of 
        Investigation for purposes of the Uniform Crime Reports; and
            ``(4) the term `State' means a State of the United States, 
        the District of Columbia, or any commonwealth, territory, or 
        possession of the United States.

``SEC. 20102. AUTHORIZATION OF GRANTS.

    ``(a) In General.--The Attorney General shall provide Violent 
Offender Incarceration grants under section 20103(a) and Truth-in-
Sentencing Incentive grants under section 20103(b) to eligible States--
            ``(1) to build or expand correctional facilities to 
        increase the bed capacity for the confinement of persons 
        convicted of a part 1 violent crime or adjudicated delinquent 
        for an act which if committed by an adult, would be a part 1 
        violent crime;
            ``(2) to build or expand temporary or permanent 
        correctional facilities, including facilities on military 
        bases, prison barges, and boot camps, for the confinement of 
        convicted nonviolent offenders and criminal aliens, for the 
        purpose of freeing suitable existing prison space for the 
        confinement of persons convicted of a part 1 violent crime; and
            ``(3) to build or expand jails.
    ``(b) Regional Compacts.--
            ``(1) In general.--Subject to paragraph (2), States may 
        enter into regional compacts to carry out this subtitle. Such 
        compacts shall be treated as States under this subtitle.
            ``(2) Requirement.--To be recognized as a regional compact 
        for eligibility for a grant under section 20103 (a) or (b), 
        each member State must be eligible individually.
            ``(3) Limitation on receipt of funds.--No State may receive 
        a grant under this subtitle both individually and as part of a 
        compact.
    ``(c) Applicability.--Notwithstanding the eligibility requirements 
of section 20103, a State that certifies to the Attorney General that, 
as of the date of enactment of the Department of Justice Appropriations 
Act, 1996, such State has enacted legislation in reliance on subtitle A 
of title II of the Violent Crime Control and Law Enforcement Act, as 
enacted on September 13, 1994, and would in fact qualify under those 
provisions, shall be eligible to receive a grant for fiscal year 1996 
as though such State qualifies under section 20103 of this subtitle.

``SEC. 20103. GRANT ELIGIBILITY.

    ``(a) Violent Offender Incarceration Grants.--To be eligible to 
receive a grant under this subtitle, a State shall submit an 
application to the Attorney General that provides assurances that the 
State has implemented, or will implement, correctional policies and 
programs, including truth-in-sentencing laws that ensure that violent 
offenders serve a substantial portion of the sentences imposed, that 
are designed to provide sufficiently severe punishment for violent 
offenders, including violent juvenile offenders, and that the prison 
time served is appropriately related to the determination that the 
inmate is a violent offender and for a period of time deemed necessary 
to protect the public.
    ``(b) Truth-in-Sentencing Incentives.--
            ``(1) Eligibility.--To be eligible to receive an additional 
        grant award under this subsection, a State shall submit an 
        application to the Attorney General that demonstrates that--
                    ``(A) such State has implemented truth-in-
                sentencing laws that--
                            ``(i) require persons convicted of a part 1 
                        violent crime to serve not less than 85 percent 
                        of the sentence imposed (not counting time not 
                        actually served, such as administrative or 
                        statutory incentives for good behavior); or
                            ``(ii) result in persons convicted of a 
                        part 1 violent crime serving on average not 
                        less than 85 percent of the sentence imposed 
                        (not counting time not actually served, such as 
                        administrative or statutory incentives for good 
                        behavior);
                    ``(B) such State has truth-in-sentencing laws that 
                have been enacted, but not yet implemented, that 
                require such State, not later than 3 years after such 
                State submits an application to the Attorney General, 
                to provide that persons convicted of a part 1 violent 
                crime serve not less than 85 percent of the sentence 
                imposed (not counting time not actually served, such as 
                administrative or statutory incentives for good 
                behavior);
                    ``(C) in the case of a State that on the date of 
                enactment of the Departments of Commerce, Justice, and 
                State, the Judiciary and Related Agencies 
                Appropriations Act, 1996, practices indeterminate 
                sentencing with regard to any part 1 violent crime, 
                persons convicted of a part 1 violent crime in such 
                State on average serve not less than 85 percent of the 
                sentence established under the State's sentencing 
                guidelines (not counting time not actually served, such 
                as administrative or statutory incentives for good 
                behavior); or
                    ``(D) the number of new court commitments to prison 
                for part 1 violent crimes has increased by 10 percent 
                or more over the most recent 3-year period.
            ``(2) Exception.--Notwithstanding paragraph (1), a State 
        may provide that the Governor of the State may allow for the 
        earlier release of--
                    ``(A) a geriatric prisoner; or
                    ``(B) a prisoner whose medical condition precludes 
                the prisoner from posing a threat to the public, but 
                only after a public hearing in which representatives of 
                the public and the prisoner's victims have had an 
                opportunity to be heard regarding a proposed release.

``SEC. 20104. SPECIAL RULES.

    ``(a) Sharing of Funds With Counties and Other Units of Local 
Government.--
            ``(1) Reservation.--Each State shall reserve not more than 
        15 percent of the amount of funds allocated in a fiscal year 
        pursuant to section 20105 for counties and units of local 
        government to construct, develop, expand, modify, or improve 
        jails and other correctional facilities.
            ``(2) Factors for determination of amount.--To determine 
        the amount of funds to be reserved under this subsection, a 
        State shall consider the burden placed on a county or unit of 
        local government that results from the implementation of 
        policies adopted by the State to carry out section 20103.
    ``(b) Additional Requirement.--To be eligible to receive a grant 
under section 20103, a State shall provide assurances to the Attorney 
General that the State has implemented or will implement not later than 
18 months after the date of the enactment of this subtitle policies 
that provide for the recognition of the rights and needs of crime 
victims.
    ``(c) Funds for Juvenile Offenders.--Notwithstanding any other 
provision of this subtitle, if a State, or unit of local government 
located in a State that otherwise meets the requirements of section 
20103, certifies to the Attorney General that exigent circumstances 
exist that require the State to expend funds to build or expand 
facilities to confine juvenile offenders other than juvenile offenders 
adjudicated delinquent for an act which, if committed by an adult, 
would be a part 1 violent crime, the State may use funds received under 
this subtitle to build or expand juvenile correctional facilities or 
pretrial detention facilities for juvenile offenders.
    ``(d) Private Facilities.--A State may use funds received under 
this subtitle for the privatization of facilities to carry out the 
purposes of section 20102.
    ``(e) Definition.--In a case in which a State defines a part 1 
violent crime differently than the definition provided in the Uniform 
Crime Reports, the Attorney General shall determine and designate 
whether the definition by such State is substantially similar to the 
definition provided in the Uniform Crime Reports.

``SEC. 20105. FORMULA FOR GRANTS.

    ``In determining the amount of funds that may be granted to each 
State eligible to receive a grant under section 20103, the Attorney 
General shall apply the following formula:
            ``(1) Minimum amount for grants under section 20103(a).--Of 
        the amount set aside for grants for section 20103(a), 0.75 
        percent shall be allocated to each eligible State, except that 
        the United States Virgin Islands, American Samoa, Guam, and the 
        Commonwealth of the Northern Mariana Islands shall each be 
        allocated 0.05 percent.
            ``(2) Minimum amount for grants under section 20103(b).--Of 
        the amount set aside for additional grant awards under section 
        20103(b)--
                    ``(A) if fewer than 20 States are awarded grants 
                under section 20103(b), 2.5 percent of the amounts paid 
                shall be allocated to each eligible State, except that 
                the United States Virgin Islands, American Samoa, Guam, 
                and the Commonwealth of the Northern Mariana Islands 
                shall each be allocated 0.05 percent; and
                    ``(B) if 20 or more States are awarded grants under 
                section 20103(b), 2.0 percent of the amounts awarded 
                shall be allocated to each eligible State, except that 
                the United States Virgin Islands, American Samoa, Guam, 
                and the Commonwealth of the Northern Mariana Islands 
                shall each be allocated 0.04 percent.
            ``(3) Allocation of additional amounts.--
                    ``(A) Allocation of remaining amounts under section 
                20103(a).--The amounts remaining after the application 
                of paragraph (1) shall be allocated to each eligible 
                State in the ratio that the population of such State 
                bears to the population of all States.
                    ``(B) Distribution of remaining amounts under 
                section 20103(b).--The amounts remaining after the 
                application of paragraph (2) shall be allocated to each 
                eligible State in the ratio that the average annual 
                number of part 1 violent crimes reported by such State 
                to the Federal Bureau of Investigation for the 3 years 
                preceding the year in which the determination is made 
                bears to the average annual number of part 1 violent 
                crimes reported by all such States to the Federal 
                Bureau of Investigation for the 3 years preceding the 
                year in which the determination is made.
                    ``(C) Unavailable data.--If data regarding part 1 
                violent crimes in any State is unavailable for the 3 
                years preceding the year in which the determination is 
                made or substantially inaccurate, the Attorney General 
                shall utilize the best available comparable data 
                regarding the number of violent crimes for the previous 
                year for the State for the purposes of allocation of 
                funds under this subtitle.
            ``(4) Regional compacts.--In determining the funds that 
        States organized as a regional compact may receive, the 
        Attorney General shall first apply the formula in either 
        paragraph (1) or (2) and (3) of this section to each member 
        State of the compact. The States organized as a regional 
        compact may receive the sum of the amounts so determined.

``SEC. 20106. ACCOUNTABILITY.

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

``SEC. 20107. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--
            ``(1) Authorizations.--There are authorized to be 
        appropriated to carry out this subtitle--
                    ``(A) $997,500,000 for fiscal year 1996;
                    ``(B) $1,330,000,000 for fiscal year 1997;
                    ``(C) $2,527,000,000 for fiscal year 1998;
                    ``(D) $2,660,000,000 for fiscal year 1999; and
                    ``(E) $2,753,100,000 for fiscal year 2000.
            ``(2) Distribution.--
                    ``(A) In general.--Subject to section 20108, of the 
                amount appropriated pursuant to paragraph (1), the 
                Attorney General shall reserve--
                            ``(i) in fiscal year 1996, 50 percent for 
                        grants under section 20103(a), and 50 percent 
                        for additional incentive awards under section 
                        20103(b);
                            ``(ii) in fiscal year 1997, 30 percent for 
                        grants under section 20103(a), and 70 percent 
                        for additional incentive awards under section 
                        20103(b);
                            ``(iii) in fiscal year 1998, 20 percent for 
                        grants under section 20103(a), and 80 percent 
                        for additional incentive awards under section 
                        20103(b);
                            ``(iv) in fiscal year 1999, 15 percent for 
                        grants under section 20103(a), and 85 percent 
                        for additional incentive awards under section 
                        20103(b); and
                            ``(v) in fiscal year 2000, 10 percent for 
                        grants under section 20103(a), and 90 percent 
                        for additional incentive awards under section 
                        20103(b);
                    ``(B) Distribution of minimum amounts.--The 
                Attorney General shall distribute minimum amounts 
                allocated under section 20105 (1) and (2) to an 
                eligible State not later than 30 days after receiving 
                an application that demonstrates that such State 
                qualifies for a Violent Offender Incarceration grant 
                under section 20103(a) or a Truth-in-Sentencing 
                Incentive grant under section 20103(b).
    ``(b) Limitations on Funds.--
            ``(1) Uses of funds.--Except as provided in section 20110, 
        funds made available pursuant to this section shall be used 
        only to carry out the purposes described in section 20102(a).
            ``(2) Nonsupplanting requirement.--Funds made available 
        pursuant to this section shall not be used to supplant State 
        funds, but shall be used to increase the amount of funds that 
        would, in the absence of Federal funds, be made available from 
        State sources.
            ``(3) Administrative costs.--Not more than 3 percent of the 
        funds made available pursuant to this section shall be used for 
        administrative costs.
            ``(4) Carryover of appropriations.--Funds appropriated 
        pursuant to this section during any fiscal year shall remain 
        available until expended.
            ``(5) Matching funds.--The Federal share of a grant 
        received under this subtitle may not exceed 90 percent of the 
        costs of a proposal as described in an application approved 
        under this subtitle.

``SEC. 20108. PAYMENTS FOR INCARCERATION ON TRIBAL LANDS.

    ``(a) Reservation of Funds.--Notwithstanding any other provision of 
this subtitle, from amounts appropriated under section 20107 to carry 
out section 20103, the Attorney General shall reserve, to carry out 
this section--
            ``(1) 0.3 percent in each of fiscal years 1996 and 1997; 
        and
            ``(2) 0.2 percent in each of fiscal years 1998, 1999, and 
        2000.
    ``(b) Grants to Indian Tribes.--From the amounts reserved under 
subsection (a), the Attorney General may make grants to Indian tribes 
for the purposes of constructing jails on tribal lands for the 
incarceration of offenders subject to tribal jurisdiction.
    ``(c) Applications.--To be eligible to receive a grant under this 
section, an Indian tribe shall submit to the Attorney General an 
application in such form and containing such information as the 
Attorney General may by regulation require.

``SEC. 20109. PAYMENTS TO ELIGIBLE STATES FOR INCARCERATION OF CRIMINAL 
              ALIENS.

    ``(a) In General.--The Attorney General shall make a payment to 
each State which is eligible under section 242(j) of the Immigration 
and Nationality Act and which meets the eligibility requirements of 
section 20103, in such amount as is determined under section 242(j) and 
for which payment is not made to such State for such fiscal year under 
such section.
    ``(b) Authorization of Appropriations.--Notwithstanding any other 
provision of this subtitle, there are authorized to be appropriated to 
carry out this section from amounts authorized under section 20107, an 
amount which when added to amounts appropriated to carry out section 
242(j) of the Immigration and Nationality Act for fiscal year 1996 
equals $500,000,000 and for each of the fiscal years 1997 through 2000 
does not exceed $650,000,000.
    ``(c) Report to Congress.--Not later than May 15, 1999, the 
Attorney General shall submit a report to the Congress which contains 
the recommendation of the Attorney General concerning the extension of 
the program under this section.

``SEC. 20110. SUPPORT OF FEDERAL PRISONERS IN NON-FEDERAL INSTITUTIONS.

    ``(a) In General.--The Attorney General may make payments to States 
and units of local government for the purposes authorized in section 
4013 of title 18, United States Code.
    ``(b) Authorization of Appropriations.--Notwithstanding any other 
provision of this subtitle, there are authorized to be appropriated 
from amounts authorized under section 20107 for each of fiscal years 
1996 through 2000 such sums as may be necessary to carry out this 
section.

``SEC. 20111. REPORT BY THE ATTORNEY GENERAL.

    ``Beginning on July 1, 1996, and each July 1 thereafter, the 
Attorney General shall report to the Congress on the implementation of 
this subtitle, including a report on the eligibility of the States 
under section 20103, and the distribution and use of funds under this 
subtitle.''.
    (b) Preference in Payments.--Section 242(j)(4) of the Immigration 
and Nationality Act (8 U.S.C. 1252(j)(4)) is amended by adding at the 
end the following:
                    ``(C) In carrying out paragraph (1)(A), the 
                Attorney General shall give preference in making 
                payments to States and political subdivisions of States 
                which are ineligible for payments under section 20109 
                of the Violent Crime Control and Law Enforcement Act of 
                1994.''.
    (c) Conforming Amendments.--
            (1) Omnibus Crime Control and Safe Streets Act of 1968.--
                    (A) Part v.--Part V of title I of the Omnibus Crime 
                Control and Safe Streets Act of 1968 is repealed.
                    (B) Funding.--
                            (i) Section 1001(a) of the Omnibus Crime 
                        Control and Safe Streets Act of 1968 is amended 
                        by striking paragraph (20).
                            (ii) Notwithstanding the provisions of 
                        subparagraph (A), any funds that remain 
                        available to an applicant under paragraph (20) 
                        of title I of the Omnibus Crime Control and 
                        Safe Streets Act of 1968 shall be used in 
                        accordance with part V of such Act as if such 
                        Act was in effect on the day preceding the date 
                        of enactment of this Act.
            (2) Violent Crime Control and Law Enforcement Act of 
        1994.--
                    (A) Table of contents.--The table of contents of 
                the Violent Crime Control and Law Enforcement Act of 
                1994 is amended by striking the matter relating to 
                title V.
                    (B) Compliance.--Notwithstanding the provisions of 
                paragraph (1), any funds that remain available to an 
                applicant under title V of the Violent Crime Control 
                and Law Enforcement Act of 1994 shall be used in 
                accordance with such subtitle as if such subtitle was 
                in effect on the day preceding the date of enactment of 
                this Act.
                    (C) Truth-in-sentencing.--The table of contents of 
                the Violent Crime Control and Law Enforcement Act of 
                1994 is amended by striking the matter relating to 
                subtitle A of title II and inserting the following:

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

``Sec. 20101. Definitions.
``Sec. 20102. Authorization of Grants.
``Sec. 20103. Grant eligibility.
``Sec. 20104. Special rules.
``Sec. 20105. Formula for grants.
``Sec. 20106. Accountability.
``Sec. 20107. Authorization of appropriations.
``Sec. 20108. Payments for Incarceration on Tribal Lands.
``Sec. 20109. Payments to eligible States for incarceration of criminal 
                            aliens.
``Sec. 20110. Support of Federal prisoners in non-Federal institutions.
``Sec. 20111. Report by the Attorney General.''.
    Sec. 115. Notwithstanding provisions of 41 U.S.C. 353 or any other 
provision of law, the Federal Prison System may enter into contracts 
and other agreements with private entities for a period not to exceed 3 
years and 7 additional option years for the confinement of Federal 
prisoners.
    Sec. 116. The pilot debt collection project authorized by Public 
Law 99-578, as amended, is extended through September 30, 1997.
    Sec. 117. The definition of ``educational expenses'' in Section 
200103 of the Violent Crime Control and Law Enforcement Act of 1994, 
Public Law 103-322 is amended to read as follows:
            ``educational expenses'' means expenses that are directly 
        attributable to--
                    (A) a course of education leading to the award of 
                the baccalaureate degree; or
                    (B) a course of graduate study following award of a 
                baccalaureate degree,
        including the cost of tuition, fees, books, supplies, 
        transportation, room and board and miscellaneous expenses.
    Sec. 118. (a) State Compatibility With Federal Bureau of 
Investigation Systems.--(1) The Attorney General shall make funds 
available to the chief executive officer of each State to carry out the 
activities described in paragraph (2).
    (2) Uses.--The executive officer of each State shall use the funds 
made available under this subsection in conjunction with units of local 
government, other States, or combinations thereof, to carry out all or 
part of a program to establish, develop, update, or upgrade--
            (A) computerized identification systems that are compatible 
        and integrated with the databases of the National Crime 
        Information Center of the Federal Bureau of Investigation;
            (B) ballistics identification programs that are compatible 
        and integrated with the Drugfire Program of the Federal Bureau 
        of Investigation;
            (C) the capability to analyze deoxyribonucleic acid (DNA) 
        in a forensic laboratory in ways that are compatible and 
        integrated with the combined DNA Identification System (CODIS) 
        of the Federal Bureau of Investigation; and
            (D) automated fingerprint identification systems that are 
        compatible and integrated with the Integrated Automated 
        Fingerprint Identification System (IAFIS) of the Federal Bureau 
        of Investigation.
    (b) Eligibility.--To be eligible to receive a grant under this 
section, a State shall require that each person convicted of a felony 
of a sexual nature shall provide a sample of blood, saliva, or other 
specimen necessary to conduct a DNA analysis consistent with the 
standards established for DNA testing by the Director of the Federal 
Bureau of Investigation.
    (c) Interstate Compacts.--A State may enter into a compact or 
compacts with another State or States to carry out this section.
    (d) Allocation.--The Attorney General shall allocate the funds 
appropriated under subsection (e) to each State based on the following 
formula:
            (1) .25 percent shall be allocated to each of the 
        participating States.
            (2) Of the total funds remaining after the allocation under 
        paragraph (1), each State shall be allocated an amount that 
        bears the same ratio to the amount of such funds as the 
        population of such State bears to the population of all States.
    (e) Appropriation.--$11,800,000 is appropriated to carry out the 
provisions in this section and shall remain available until expended.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 1996''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative

                         salaries and expenses

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

                     International Trade Commission

                         salaries and expenses

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

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

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

                         Export Administration

                     operations and administration

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

                  Economic Development Administration

                economic development assistance programs

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

                         salaries and expenses

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

                  Minority Business Development Agency

                     minority business development

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

                Economic and Information Infrastructure

                   Economic and Statistical Analysis

                         salaries and expenses

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$45,900,000, to remain available until September 30, 1997.

         economics and statistics administration revolving fund

    The Secretary of Commerce is authorized to disseminate economic and 
statistical data products as authorized by 15 U.S.C. 1525-1527 and, 
notwithstanding 15 U.S.C. 4912, charge fees necessary to recover the 
full costs incurred in their production. Notwithstanding 31 U.S.C. 
3302, receipts received from these data dissemination activities shall 
be credited to this account, to be available for carrying out these 
purposes without further appropriation.

                          Bureau of the Census

                         salaries and expenses

    For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, 
$133,812,000.

                     periodic censuses and programs

    For expenses necessary to collect and publish statistics for 
periodic censuses and programs provided for by law, $150,300,000, to 
remain available until expended.

       National Telecommunications and Information Administration

                         salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration, $17,000,000 to 
remain available until expended: Provided, That notwithstanding 31 
U.S.C. 1535(d), the Secretary of Commerce is authorized to charge 
Federal agencies for spectrum management, analysis, and operations, and 
related services: Provided further, That the Secretary of Commerce is 
authorized to retain and use as offsetting collections all funds 
transferred, or previously transferred, from other Government agencies 
for spectrum management, analysis, and operations, and related services 
and for all costs incurred in telecommunications research, engineering, 
and related activities by the Institute for Telecommunication Sciences 
of the NTIA in furtherance of its assigned functions under this 
paragraph, and such funds received from other Government agencies shall 
remain available until expended.

       public broadcasting facilities, planning and construction

    For grants authorized by section 392 of the Communications Act of 
1934, as amended, $15,500,000, to remain available until expended as 
authorized by section 391 of the Act, as amended: Provided, That not to 
exceed $2,200,000 shall be available for program administration as 
authorized by section 391 of the Act: Provided further, That 
notwithstanding the provisions of section 391 of the Act, the prior 
year unobligated balances may be made available for grants for projects 
for which applications have been submitted and approved during any 
fiscal year.

                   information infrastructure grants

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

                      Patent and Trademark Office

                         salaries and expenses

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

                         Science and Technology

             National Institute of Standards and Technology

             scientific and technical research and services

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

                     industrial technology services

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

                  construction of research facilities

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

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfer of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including acquisition, 
maintenance, operation, and hire of aircraft; not to exceed 358 
commissioned officers on the active list; grants, contracts, or other 
payments to nonprofit organizations for the purposes of conducting 
activities pursuant to cooperative agreements; and alteration, 
modernization, and relocation of facilities as authorized by 33 U.S.C. 
883i; $1,802,677,000, to remain available until expended: Provided, 
That notwithstanding 31 U.S.C. 3302 but consistent with other existing 
law, fees shall be assessed, collected, and credited to this 
appropriation as offsetting collections to be available until expended, 
to recover the costs of administering aeronautical charting programs: 
Provided further, That the sum herein appropriated from the general 
fund shall be reduced as such additional fees are received during 
fiscal year 1996, so as to result in a final general fund appropriation 
estimated at not more than $1,799,677,000: Provided further, That any 
such additional fees received in excess of $3,000,000 in fiscal year 
1996 shall not be available for obligation until October 1, 1996: 
Provided further, That fees and donations received by the National 
Ocean Service for the management of the national marine sanctuaries may 
be retained and used for the salaries and expenses associated with 
those activities, notwithstanding 31 U.S.C. 3302: Provided further, 
That in addition, $63,000,000 shall be derived by transfer from the 
fund entitled ``Promote and Develop Fishery Products and Research 
Pertaining to American Fisheries'': Provided further, That grants to 
States pursuant to sections 306 and 306(a) of the Coastal Zone 
Management Act, as amended, shall not exceed $2,000,000.

                      coastal zone management fund

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

                              construction

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

            fleet modernization, shipbuilding and conversion

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

            fishing vessel and gear damage compensation fund

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

                      fishermen's contingency fund

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

                     foreign fishing observer fund

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

                 fishing vessel obligations guarantees

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

                       Technology Administration

       Under Secretary for Technology/Office of Technology Policy

                         salaries and expenses

    For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $5,000,000.

                         General Administration

                         salaries and expenses

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

                      office of inspector general

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

             National Institute of Standards and Technology

                  construction of research facilities

                              (rescission)

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

               General Provisions--Department of Commerce

    Sec. 201. During the current fiscal year, applicable appropriations 
and funds made available to the Department of Commerce by this Act 
shall be available for the activities specified in the Act of October 
26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed 
by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for 
advanced payments not otherwise authorized only upon the certification 
of officials designated by the Secretary that such payments are in the 
public interest.
    Sec. 202. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 203. None of the funds made available by this Act may be used 
to support the hurricane reconnaissance aircraft and activities that 
are under the control of the United States Air Force or the United 
States Air Force Reserve.
    Sec. 204. None of the funds provided in this or any previous Act, 
or hereinafter made available to the Department of Commerce shall be 
available to reimburse the Unemployment Trust Fund or any other fund or 
account of the Treasury to pay for any expenses paid before October 1, 
1992, as authorized by section 8501 of title 5, United States Code, for 
services performed after April 20, 1990, by individuals appointed to 
temporary positions within the Bureau of the Census for purposes 
relating to the 1990 decennial census of population.
    Sec. 205. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 605 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 206. (a) Should legislation be enacted to dismantle or 
reorganize the Department of Commerce, the Secretary of Commerce, no 
later than 90 days thereafter, shall submit to the Committees on 
Appropriations of the House and the Senate a plan for transferring 
funds provided in this Act to the appropriate successor organizations: 
Provided, That the plan shall include a proposal for transferring or 
rescinding funds appropriated herein for agencies or programs 
terminated under such legislation: Provided further, That such plan 
shall be transmitted in accordance with section 605 of this Act.
    (b) The Secretary of Commerce or the appropriate head of any 
successor organization(s) may use any available funds to carry out 
legislation dismantling or reorganizing the Department of Commerce to 
cover the costs of actions relating to the abolishment, reorganization 
or transfer of functions and any related personnel action, including 
voluntary separation incentives if authorized by such legislation: 
Provided, That the authority to transfer funds between appropriations 
accounts that may be necessary to carry out this section is provided in 
addition to authorities included under section 205 of this Act: 
Provided further, That use of funds to carry out this section shall be 
treated as a reprogramming of funds under section 605 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section: Provided 
further, That no monies appropriated under this Act or any other law 
shall be used by the Secretary of Commerce to issue final 
determinations under subsections (a), (b), (c), (e), (g) or (i) of 
section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533), until 
such time as legislation reauthorizing the Act is enacted or until the 
end of fiscal year 1996, whichever is earlier, except that monies 
appropriated under this Act may be used to delist or reclassify species 
pursuant to subsections 4(a)(2)(B), 4(c)(2)(B)(i), and 4(c)(2)(B)(ii) 
of the Endangered Species Act, and may be used to issue emergency 
listings under section 4(b)(7) of the Endangered Species Act.
    Sec. 207. Notwithstanding any other provision of law (including any 
regulation and including the Public Works and Economic Development Act 
of 1965), the transfer of title to the Rutland City Industrial Complex 
to Hilinex, Vermont (as related to Economic Development Administration 
Project Number 01-11-01742) shall not require compensation to the 
Federal Government for the fair share of the Federal Government of that 
real property.
    Sec. 208. (a) In General.--The Secretary of Commerce, acting 
through the Assistant Secretary for Economic Development of the 
Department of Commerce, shall--
            (1) not later than January 1, 1996, commence the demolition 
        of the structures on, and the cleanup and environmental 
        remediation on, the parcel of land described in subsection (b);
            (2) not later than March 31, 1996, complete the demolition, 
        cleanup, and environmental remediation under paragraph (1); and
            (3) not later than April 1, 1996, convey the parcel of land 
        described in subsection (b), in accordance with the 
        requirements of section 120(h) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9620(h)), to the Tuscaloosa County Industrial 
        Development Authority, on receipt of payment of the fair market 
        value for the parcel by the Authority, as agreed on by the 
        Secretary and the Authority.
    (b) Land Parcel.--The parcel of land referred to in subsection (a) 
is the parcel of land consisting of approximately 41 acres in Holt, 
Alabama (in Tuscaloosa County), that is generally known as the 
``Central Foundry Property'', as depicted on a map, and as described in 
a legal description, that the Secretary, acting through the Assistant 
Secretary for Economic Development, determines to be satisfactory.
    Sec. 209. Any costs incurred by a Department or agency funded under 
this title resulting from personnel actions taken in response to 
funding reductions included in this title shall be absorbed within the 
total budgetary resources available to such Department or agency: 
Provided, That the authority to transfer funds between appropriations 
accounts as may be necessary to carry out this provision is provided in 
addition to authorities included elsewhere in this Act: Provided 
further, That use of funds to carry out this section shall be treated 
as a reprogramming of funds under section 605 of this Act and shall not 
be available for obligation or expenditure except in compliance with 
the procedures set forth in that section.
    This title may be cited as the ``Department of Commerce and Related 
Agencies Appropriations Act, 1996''.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

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

                    care of the building and grounds

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

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

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

               United States Court of International Trade

                         salaries and expenses

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

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

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

                    violent crime reduction programs

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

                           defender services

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

                    fees of jurors and commissioners

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

                             court security

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

           Administrative Office of the United States Courts

                         salaries and expenses

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

                        Federal Judicial Center

                         salaries and expenses

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

                       Judicial Retirement Funds

                    payment to judiciary trust funds

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

                  United States Sentencing Commission

                         salaries and expenses

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

                   General Provisions--The Judiciary

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

           TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

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

                         salaries and expenses

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

                        capital investment fund

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

                      office of inspector general

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

                       representation allowances

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

              protection of foreign missions and officials

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

           security and maintenance of united states missions

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

           emergencies in the diplomatic and consular service

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

                   repatriation loans program account

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

              payment to the american institute in taiwan

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

     payment to the foreign service retirement and disability fund

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

              International Organizations and Conferences

              contributions to international organizations

    For expenses, not otherwise provided for, necessary to meet annual 
obligations of membership in international multilateral organizations, 
pursuant to treaties ratified pursuant to the advice and consent of the 
Senate, conventions or specific Acts of Congress, $700,000,000: 
Provided, That any payment of arrearages shall be directed toward 
special activities that are mutually agreed upon by the United States 
and the respective international organization: Provided further, That 
20 percent of the funds appropriated in this paragraph for the assessed 
contribution of the United States to the United Nations shall be 
withheld from obligation and expenditure until a certification is made 
under section 401(b) of Public Law 103-236 for fiscal year 1996: 
Provided further, That certification under section 401(b) of Public Law 
103-236 for fiscal year 1996 may only be made if the Committees on 
Appropriations and Foreign Relations of the Senate and the Committees 
on Appropriations and International Relations of the House of 
Representatives are notified of the steps taken, and anticipated, to 
meet the requirements of section 401(b) of Public Law 103-236 at least 
15 days in advance of the proposed certification: Provided further, 
That none of the funds appropriated in this paragraph shall be 
available for a United States contribution to an international 
organization for the United States share of interest costs made known 
to the United States Government by such organization for loans incurred 
on or after October 1, 1984, through external borrowings.

        contributions for international peacekeeping activities

    For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $225,000,000: 
Provided, That none of the funds made available under this Act shall be 
obligated or expended for any new or expanded United Nations 
peacekeeping mission unless, at least fifteen days in advance of voting 
for the new or expanded mission in the United Nations Security Council 
(or in an emergency, as far in advance as is practicable), (1) the 
Committees on Appropriations of the House of Representatives and the 
Senate and other appropriate Committees of the Congress are notified of 
the estimated cost and length of the mission, the vital national 
interest that will be served, and the planned exit strategy; and (2) a 
reprogramming of funds pursuant to section 605 of this Act is 
submitted, and the procedures therein followed, setting forth the 
source of funds that will be used to pay for the cost of the new or 
expanded mission: Provided further, That funds shall be available for 
peacekeeping expenses only upon a certification by the Secretary of 
State to the appropriate committees of the Congress that American 
manufacturers and suppliers are being given opportunities to provide 
equipment, services and material for United Nations peacekeeping 
activities equal to those being given to foreign manufacturers and 
suppliers.

              international conferences and contingencies

    For necessary expenses authorized by section 5 of the State 
Department Basic Authorities Act of 1956, in addition to funds 
otherwise available for these purposes, contributions for the United 
States share of general expenses of international organizations and 
conferences and representation to such organizations and conferences as 
provided for by 22 U.S.C. 2656 and 2672 and personal services without 
regard to civil service and classification laws as authorized by 5 
U.S.C. 5102, $3,000,000, to remain available until expended as 
authorized by 22 U.S.C. 2696(c), of which not to exceed $200,000 may be 
expended for representation as authorized by 22 U.S.C. 4085.

                       International Commissions

    For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or specific 
Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

    For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and Mexico, 
and to comply with laws applicable to the United States Section, 
including not to exceed $6,000 for representation; as follows:

                         salaries and expenses

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

                              construction

    For detailed plan preparation and construction of authorized 
projects, $6,644,000, to remain available until expended as authorized 
by 22 U.S.C. 2696(c).

              american sections, international commissions

    For necessary expenses, not otherwise provided for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and for the Border 
Environment Cooperation Commission as authorized by Public Law 103-182; 
$5,800,000, of which not to exceed $9,000 shall be available for 
representation expenses incurred by the International Joint Commission.

                  international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $14,669,000: Provided, 
That the United States share of such expenses may be advanced to the 
respective commissions, pursuant to 31 U.S.C. 3324.

                                 Other

                     payment to the asia foundation

    For a grant to the Asia Foundation, as authorized by section 501 of 
Public Law 101-246, $5,000,000, to remain available until expended as 
authorized by 22 U.S.C. 2696(c).

                            RELATED AGENCIES

                  Arms Control and Disarmament Agency

                arms control and disarmament activities

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

                    United States Information Agency

                         salaries and expenses

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

                            technology fund

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

               educational and cultural exchange programs

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

           eisenhower exchange fellowship program trust fund

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

                    israeli arab scholarship program

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

              american studies collections endowment fund

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

                 international broadcasting operations

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

                          broadcasting to cuba

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

                           radio construction

    For an additional amount for the purchase, rent, construction, and 
improvement of facilities for radio transmission and reception and 
purchase and installation of necessary equipment for radio and 
television transmission and reception as authorized by 22 U.S.C. 1471, 
$40,000,000, to remain available until expended as authorized by 22 
U.S.C. 1477b(a).

                            east-west center

    To enable the Director of the United States Information Agency to 
provide for carrying out the provisions of the Center for Cultural and 
Technical Interchange Between East and West Act of 1960 (22 U.S.C. 
2054-2057), by grant to the Center for Cultural and Technical 
Interchange Between East and West in the State of Hawaii, $11,750,000: 
Provided, That none of the funds appropriated herein shall be used to 
pay any salary, or enter into any contract providing for the payment 
thereof, in excess of the rate authorized by 5 U.S.C. 5376.

                           north/south center

    To enable the Director of the United States Information Agency to 
provide for carrying out the provisions of the North/South Center Act 
of 1991 (22 U.S.C. 2075), by grant to an educational institution in 
Florida known as the North/South Center, $2,000,000, to remain 
available until expended.

                    national endowment for democracy

    For grants made by the United States Information Agency to the 
National Endowment for Democracy as authorized by the National 
Endowment for Democracy Act, $30,000,000, to remain available until 
expended.

      General Provisions--Department of State and Related Agencies

    Sec. 401. Funds appropriated under this title shall be available, 
except as otherwise provided, for allowances and differentials as 
authorized by subchapter 59 of 5 U.S.C.; for services as authorized by 
5 U.S.C. 3109; and hire of passenger transportation pursuant to 31 
U.S.C. 1343(b).
    Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of State in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the United States Information Agency in this 
Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided 
further, That any transfer pursuant to this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 403. Funds appropriated or otherwise made available under this 
Act or any other Act may be expended for compensation of the United 
States Commissioner of the International Boundary Commission, United 
States and Canada, only for actual hours worked by such Commissioner.
    Sec. 404. (a) No later than 90 days after enactment of legislation 
consolidating, reorganizing or downsizing the functions of the 
Department of State, the United States Information Agency, and the Arms 
Control and Disarmament Agency, the Secretary of State, the Director of 
the United States Information Agency and the Director of the Arms 
Control and Disarmament Agency shall submit to the Committees on 
Appropriations of the House and the Senate a proposal for transferring 
or rescinding funds appropriated herein for functions that are 
consolidated, reorganized or downsized under such legislation: 
Provided, That such plan shall be transmitted in accordance with 
section 605 of this Act.
    (b) The Secretary of State, the Director of the United States 
Information Agency, and the Director of the Arms Control and 
Disarmament Agency, as appropriate, may use any available funds to 
cover the costs of actions to consolidate, reorganize or downsize the 
functions under their authority required by such legislation, and of 
any related personnel action, including voluntary separation incentives 
if authorized by such legislation: Provided, That the authority to 
transfer funds between appropriations accounts that may be necessary to 
carry out this section is provided in addition to authorities included 
under section 402 of this Act: Provided further, That use of funds to 
carry out this section shall be treated as a reprogramming of funds 
under section 605 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.
    Sec. 405. Funds appropriated by this Act for the United States 
Information Agency, the Arms Control and Disarmament Agency, and the 
Department of State may be obligated and expended notwithstanding 
section 701 of the United States Information and Educational Exchange 
Act of 1948 and section 313 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995, section 53 of the Arms Control and 
Disarmament Act, and section 15 of the State Department Basic 
Authorities Act of 1956.
    Sec. 406. Section 36(a)(1) of the State Department Authorities Act 
of 1956, as amended (22 U.S.C. 2708), is amended to delete ``may pay a 
reward'' and insert in lieu thereof ``shall establish and publicize a 
program under which rewards may be paid''.
    Sec. 407. Section 8 of the Eisenhower Exchange Fellowship Act of 
1990 is amended in the last sentence by striking ``fiscal year 1995'' 
and inserting ``fiscal year 1999''.
    Sec. 408. Sections 6(a) and 6(b) of Public Law 101-454 are 
repealed. In addition, notwithstanding any other provision of law, 
Eisenhower Exchange Fellowships, Incorporated, may use one-third of any 
earned but unused trust income from the period 1992 through 1995 for 
Fellowship purposes in each of fiscal years 1996-1998.
    Sec. 409. It is the sense of the Senate that none of the funds 
appropriated or otherwise made available pursuant to this Act should be 
used for the deployment of combat-equipped forces of the Armed Forces 
of the United States for any ground operations in Bosnia and 
Herzegovina unless--
            (1) Congress approves in advance the deployment of such 
        forces of the Armed Forces; or
            (2) the temporary deployment of such forces of the Armed 
        Forces of the United States into Bosnia and Herzegovina is 
        necessary to evacuate United Nations peacekeeping forces from a 
        situation of imminent danger, to undertake emergency air rescue 
        operations, or to provide for the airborne delivery of 
        humanitarian supplies, and the President reports as soon as 
        practicable to Congress after the initiation of the temporary 
        deployment, but in no case later than 48 hours after the 
        initiation of the deployment.
    Sec. 410. Any costs incurred by a Department or agency funded under 
this title resulting from personnel actions taken in response to 
funding reductions included in this title shall be absorbed within the 
total budgetary resources available to such Department or agency: 
Provided, That the authority to transfer funds between appropriations 
accounts as may be necessary to carry out this provision is provided in 
addition to authorities included elsewhere in this Act: Provided 
further, That use of funds to carry out this section shall be treated 
as a reprogramming of funds under section 605 of this Act and shall not 
be available for obligation or expenditure except in compliance with 
the procedures set forth in that section.
    Sec. 411. Section 235 of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (Public Law 101-246) is amended by inserting 
``Tinian,'' after ``Sao Tome,''.
    This title may be cited as the ``Department of State and Related 
Agencies Appropriations Act, 1996''.

                       TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration

                    operating-differential subsidies

                  (liquidation of contract authority)

    For the payment of obligations incurred for operating-differential 
subsidies as authorized by the Merchant Marine Act, 1936, as amended, 
$162,610,000, to remain available until expended.

                   maritime national security program

    For necessary expenses to maintain and preserve a U.S.-flag 
merchant fleet to serve the national security needs of the United 
States as determined by the Secretary of Defense in consultation with 
the Secretary of Transportation, $46,000,000, to remain available until 
expended: Provided, That these funds will be available only upon 
enactment of an authorization for this program.

                        operations and training

    For necessary expenses of operations and training activities 
authorized by law, $66,600,000, to remain available until expended: 
Provided, That notwithstanding any other provision of law, the 
Secretary of Transportation may use proceeds derived from the sale or 
disposal of National Defense Reserve Fleet vessels that are currently 
collected and retained by the Maritime Administration, to be used for 
facility and ship maintenance, modernization and repair, conversion, 
acquisition of equipment, and fuel costs necessary to maintain training 
at the United States Merchant Marine Academy and State maritime 
academies and may be transferred to the Secretary of the Interior for 
use as provided in the National Maritime Heritage Act (Public Law 103-
451): Provided further, That reimbursements may be made to this 
appropriation from receipts to the ``Federal Ship Financing Fund'' for 
administrative expenses in support of that program in addition to any 
amount heretofore appropriated.

          maritime guaranteed loan (title xi) program account

    For the cost of guaranteed loans, as authorized by the Merchant 
Marine Act of 1936, $40,000,000, to remain available until expended: 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974, as amended: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed, 
not to exceed $1,000,000,000.
    In addition, for administrative expenses to carry out the 
guaranteed loan program, not to exceed $3,500,000, which shall be 
transferred to and merged with the appropriation for Operations and 
Training.

           administrative provisions--maritime administration

    Notwithstanding any other provision of this Act, the Maritime 
Administration is authorized to furnish utilities and services and make 
necessary repairs in connection with any lease, contract, or occupancy 
involving Government property under control of the Maritime 
Administration, and payments received therefor shall be credited to the 
appropriation charged with the cost thereof: Provided, That rental 
payments under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into the 
Treasury as miscellaneous receipts.
    No obligations shall be incurred during the current fiscal year 
from the construction fund established by the Merchant Marine Act, 
1936, or otherwise, in excess of the appropriations and limitations 
contained in this Act or in any prior appropriation Act, and all 
receipts which otherwise would be deposited to the credit of said fund 
shall be covered into the Treasury as miscellaneous receipts.

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

    For expenses for the Commission for the Preservation of America's 
Heritage Abroad, $206,000, as authorized by Public Law 99-83, section 
1303.

                       Commission on Civil Rights

                         salaries and expenses

    For necessary expenses of the Commission on Civil Rights, including 
hire of passenger motor vehicles, $8,750,000: Provided, That not to 
exceed $50,000 may be used to employ consultants: Provided further, 
That none of the funds appropriated in this paragraph shall be used to 
employ in excess of four full-time individuals under Schedule C of the 
Excepted Service exclusive of one special assistant for each 
Commissioner: Provided further, That none of the funds appropriated in 
this paragraph shall be used to reimburse Commissioners for more than 
75 billable days, with the exception of the Chairperson who is 
permitted 125 billable days.

                    Commission on Immigration Reform

                         salaries and expenses

    For necessary expenses of the Commission on Immigration Reform 
pursuant to section 141(f) of the Immigration Act of 1990, $1,894,000, 
to remain available until expended.

            Commission on Security and Cooperation in Europe

                         salaries and expenses

    For necessary expenses of the Commission on Security and 
Cooperation in Europe, as authorized by Public Law 94-304, $1,090,000, 
to remain available until expended as authorized by section 3 of Public 
Law 99-7.

                     Competitiveness Policy Council

                         salaries and expenses

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

                Equal Employment Opportunity Commission

                         salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964, 
as amended (29 U.S.C. 206(d) and 621-634), the Americans with 
Disabilities Act of 1990 and the Civil Rights Act of 1991, including 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary awards to 
private citizens; not to exceed $26,500,000, for payments to State and 
local enforcement agencies for services to the Commission pursuant to 
title VII of the Civil Rights Act of 1964, as amended, sections 6 and 
14 of the Age Discrimination in Employment Act, the Americans with 
Disabilities Act of 1990, and the Civil Rights Act of 1991; 
$233,000,000: Provided, That the Commission is authorized to make 
available for official reception and representation expenses not to 
exceed $2,500 from available funds.

                   Federal Communications Commission

                         salaries and expenses

    For necessary expenses of the Federal Communications Commission, as 
authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-02; not to exceed $600,000 for land and 
structure; not to exceed $500,000 for improvement and care of grounds 
and repair to buildings; not to exceed $4,000 for official reception 
and representation expenses; purchase (not to exceed sixteen) and hire 
of motor vehicles; special counsel fees; and services as authorized by 
5 U.S.C. 3109; $195,709,000, of which not to exceed $300,000 shall 
remain available until September 30, 1997, for research and policy 
studies: Provided, That $136,400,000 of offsetting collections shall be 
assessed and collected pursuant to section 9 of title I of the 
Communications Act of 1934, as amended, and shall be retained and used 
for necessary expenses in this appropriation, and shall remain 
available until expended: Provided further, That the sum herein 
appropriated shall be reduced as such offsetting collections are 
received during fiscal year 1996 so as to result in a final fiscal year 
1996 appropriation estimated at $59,309,000: Provided further, That any 
offsetting collections received in excess of $136,400,000 in fiscal 
year 1996 shall remain available until expended, but shall not be 
available for obligation until October 1, 1996: Provided further, That 
the Commission shall amend its schedule of regulatory fees set forth in 
section 1.1153 of title 47, CFR, authorized by section 9 of title I of 
the Communications Act of 1934, as amended by: (1) striking ``$22,420'' 
in the Annual Regulatory Fee column for VHF Commercial Markets 1 
through 10 and inserting ``$32,000''; (2) striking ``$19,925'' in the 
Annual Regulatory Fee column for VHF Commercial Markets 11 through 25 
and inserting ``$26,000''; (3) striking ``$14,950'' in the Annual 
Regulatory Fee column for VHF Commercial Markets 26 through 50 and 
inserting ``$17,000''; (4) striking ``$9,975'' in the Annual Regulatory 
Fee column for VHF Commercial Markets 51 through 100 and inserting 
``$9,000''; (5) striking ``$6,225'' in the Annual Regulatory Fee column 
for VHF Commercial Remaining Markets and inserting ``$2,500''; and (6) 
striking ``$17,925'' in the Annual Regulatory Fee column for UHF 
Commercial Markets 1 through 10 and inserting ``$25,000''; (7) striking 
``$15,950'' in the Annual Regulatory Fee column for UHF Commercial 
Markets 11 through 25 and inserting ``$20,000''; (8) striking 
``$11,950'' in the Annual Regulatory Fee column for UHF Commercial 
Markets 26 through 50 and inserting ``$13,000''; (9) striking 
``$7,975'' in the Annual Regulatory Fee column for UHF Commercial 
Markets 51 through 100 and inserting ``$7,000''; and (10) striking 
``$4,975'' in the Annual Regulatory Fee column for UHF Commercial 
Remaining Markets and inserting ``$2,000'': Provided further, That the 
FCC shall pay the travel-related expenses of the Federal-State Joint 
Board on Universal Service for those activities described in the 
Telecommunications Act of 1996 (47 U.S.C. 254(a)(1)).

                      Federal Maritime Commission

                         salaries and expenses

    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act of 1936, as 
amended (46 App. U.S.C. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-02; $14,855,000: Provided, That not to exceed $2,000 shall 
be available for official reception and representation expenses.

                        Federal Trade Commission

                         salaries and expenses

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

               Japan-United States Friendship Commission

               japan-united states friendship trust fund

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

                       Legal Services Corporation

               payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, as amended, 
$300,000,000, of which $290,750,000 is for basic field programs and 
required independent audits carried out in accordance with section 509; 
$250,000 is for a payment to an opposing party for attorney's fees and 
expenses relating to civil actions named In the Matter of Baby Boy Doe, 
and Doe v. Roe and Indian tribe, with docket numbers 19512 and 21723 
(Idaho February 23, 1996); $1,500,000 is for the Office of the 
Inspector General, of which such amounts as may be necessary may be 
used to conduct additional audits of recipients in accordance with 
section 509 of this Act; and $7,500,000 is for management and 
administration: Provided, That $198,750,000 of the total amount 
provided under this heading for basic field programs shall not be 
available except for the competitive award of grants and contracts 
under section 503 of this Act.

         administrative provisions--legal services corporation

    Sec. 501. (a) Funds appropriated under this Act to the Legal 
Services Corporation for basic field programs shall be distributed as 
follows:
            (1) The Corporation shall define geographic areas and make 
        the funds available for each geographic area on a per capita 
        basis relative to the number of individuals in poverty 
        determined by the Bureau of the Census to be within the 
        geographic area, except as provided in paragraph (2)(B). Funds 
        for such a geographic area may be distributed by the 
        Corporation to 1 or more persons or entities eligible for 
        funding under section 1006(a)(1)(A) of the Legal Services 
        Corporation Act (42 U.S.C. 2996e(a)(1)(A)), subject to sections 
        502 and 504.
            (2) Funds for grants from the Corporation, and contracts 
        entered into by the Corporation for basic field programs, shall 
        be allocated so as to provide--
                    (A) except as provided in subparagraph (B), an 
                equal figure per individual in poverty for all 
                geographic areas, as determined on the basis of the 
                most recent decennial census of population conducted 
                pursuant to section 141 of title 13, United States Code 
                (or, in the case of the Republic of Palau, the 
                Federated States of Micronesia, the Republic of the 
                Marshall Islands, Alaska, Hawaii, and the United States 
                Virgin Islands, on the basis of the adjusted population 
                counts historically used as the basis for such 
                determinations); and
                    (B) an additional amount for Native American 
                communities that received assistance under the Legal 
                Services Corporation Act for fiscal year 1995, so that 
                the proportion of the funds appropriated to the Legal 
                Services Corporation for basic field programs for 
                fiscal year 1996 that is received by the Native 
                American communities shall be not less than the 
                proportion of such funds appropriated for fiscal year 
                1995 that was received by the Native American 
                communities.
    (b) As used in this section:
            (1) The term ``individual in poverty'' means an individual 
        who is a member of a family (of 1 or more members) with an 
        income at or below the poverty line.
            (2) The term ``poverty line'' means the poverty line (as 
        defined by the Office of Management and Budget, and revised 
        annually in accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a 
        family of the size involved.
    Sec. 502. None of the funds appropriated in this Act to the Legal 
Services Corporation shall be used by the Corporation to make a grant, 
or enter into a contract, for the provision of legal assistance unless 
the Corporation ensures that the person or entity receiving funding to 
provide such legal assistance is--
            (1) a private attorney admitted to practice in a State or 
        the District of Columbia;
            (2) a qualified nonprofit organization, chartered under the 
        laws of a State or the District of Columbia, that--
                    (A) furnishes legal assistance to eligible clients; 
                and
                    (B) is governed by a board of directors or other 
                governing body, the majority of which is comprised of 
                attorneys who--
                            (i) are admitted to practice in a State or 
                        the District of Columbia; and
                            (ii) are appointed to terms of office on 
                        such board or body by the governing body of a 
                        State, county, or municipal bar association, 
                        the membership of which represents a majority 
                        of the attorneys practicing law in the locality 
                        in which the organization is to provide legal 
                        assistance;
            (3) a State or local government (without regard to section 
        1006(a)(1)(A)(ii) of the Legal Services Corporation Act (42 
        U.S.C. 2996e(a)(1)(A)(ii)); or
            (4) a substate regional planning or coordination agency 
        that serves a substate area and whose governing board is 
        controlled by locally elected officials.
    Sec. 503. (a)(1) Not later than April 1, 1996, the Legal Services 
Corporation shall implement a system of competitive awards of grants 
and contracts for all basic field programs, which shall apply to all 
such grants and contracts awarded by the Corporation after March 31, 
1996, from funds appropriated in this Act.
    (2) Any grant or contract awarded before April 1, 1996, by the 
Legal Services Corporation to a basic field program for 1996--
            (A) shall not be for an amount greater than the amount 
        required for the period ending March 31, 1996;
            (B) shall terminate at the end of such period; and
            (C) shall not be renewable except in accordance with the 
        system implemented under paragraph (1).
    (3) The amount of grants and contracts awarded before April 1, 
1996, by the Legal Services Corporation for basic field programs for 
1996 in any geographic area described in section 501 shall not exceed 
an amount equal to \3/12\ of the total amount to be distributed for 
such programs for 1996 in such area.
    (b) Not later than 60 days after the date of enactment of this Act, 
the Legal Services Corporation shall promulgate regulations to 
implement a competitive selection process for the recipients of such 
grants and contracts.
    (c) Such regulations shall specify selection criteria for the 
recipients, which shall include--
            (1) a demonstration of a full understanding of the basic 
        legal needs of the eligible clients to be served and a 
        demonstration of the capability of serving the needs;
            (2) the quality, feasibility, and cost effectiveness of a 
        plan submitted by an applicant for the delivery of legal 
        assistance to the eligible clients to be served; and
            (3) the experience of the Legal Services Corporation with 
        the applicant, if the applicant has previously received 
        financial assistance from the Corporation, including the record 
        of the applicant of past compliance with Corporation policies, 
        practices, and restrictions.
    (d) Such regulations shall ensure that timely notice regarding an 
opportunity to submit an application for such an award is published in 
periodicals of local and State bar associations and in at least 1 daily 
newspaper of general circulation in the area to be served by the person 
or entity receiving the award.
    (e) No person or entity that was previously awarded a grant or 
contract by the Legal Services Corporation for the provision of legal 
assistance may be given any preference in the competitive selection 
process.
    (f) For the purposes of the funding provided in this Act, rights 
under sections 1007(a)(9) and 1011 of the Legal Services Corporation 
Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C. 2996j) shall not apply.
    Sec. 504. (a) None of the funds appropriated in this Act to the 
Legal Services Corporation may be used to provide financial assistance 
to any person or entity (which may be referred to in this section as a 
``recipient'')--
            (1) that makes available any funds, personnel, or equipment 
        for use in advocating or opposing any plan or proposal, or 
        represents any party or participates in any other way in 
        litigation, that is intended to or has the effect of altering, 
        revising, or reapportioning a legislative, judicial, or 
        elective district at any level of government, including 
        influencing the timing or manner of the taking of a census;
            (2) that attempts to influence the issuance, amendment, or 
        revocation of any executive order, regulation, or other 
        statement of general applicability and future effect by any 
        Federal, State, or local agency;
            (3) that attempts to influence any part of any adjudicatory 
        proceeding of any Federal, State, or local agency if such part 
        of the proceeding is designed for the formulation or 
        modification of any agency policy of general applicability and 
        future effect;
            (4) that attempts to influence the passage or defeat of any 
        legislation, constitutional amendment, referendum, initiative, 
        or any similar procedure of the Congress or a State or local 
        legislative body;
            (5) that attempts to influence the conduct of oversight 
        proceedings of the Corporation or any person or entity 
        receiving financial assistance provided by the Corporation;
            (6) that pays for any personal service, advertisement, 
        telegram, telephone communication, letter, printed or written 
        matter, administrative expense, or related expense, associated 
        with an activity prohibited in this section;
            (7) that initiates or participates in a class action suit;
            (8) that files a complaint or otherwise initiates or 
        participates in litigation against a defendant, or engages in a 
        precomplaint settlement negotiation with a prospective 
        defendant, unless--
                    (A) each plaintiff has been specifically 
                identified, by name, in any complaint filed for 
                purposes of such litigation or prior to the 
                precomplaint settlement negotiation; and
                    (B) a statement or statements of facts written in 
                English and, if necessary, in a language that the 
                plaintiffs understand, that enumerate the particular 
                facts known to the plaintiffs on which the complaint is 
                based, have been signed by the plaintiffs, are kept on 
                file by the recipient, and are made available to any 
                Federal department or agency that is auditing or 
                monitoring the activities of the Corporation or of the 
                recipient, and to any auditor or monitor receiving 
                Federal funds to conduct such auditing or monitoring, 
                including any auditor or monitor of the Corporation:
        Provided, That upon establishment of reasonable cause that an 
        injunction is necessary to prevent probable, serious harm to 
        such potential plaintiff, a court of competent jurisdiction may 
        enjoin the disclosure of the identity of any potential 
        plaintiff pending the outcome of such litigation or 
        negotiations after notice and an opportunity for a hearing is 
        provided to potential parties to the litigation or the 
        negotiations: Provided further, That other parties to the 
        litigation or negotiation shall have access to the statement of 
        facts referred to in subparagraph (B) only through the 
        discovery process after litigation has begun;
            (9) unless--
                    (A) prior to the provision of financial 
                assistance--
                            (i) if the person or entity is a nonprofit 
                        organization, the governing board of the person 
                        or entity has set specific priorities in 
                        writing, pursuant to section 1007(a)(2)(C)(i) 
                        of the Legal Services Corporation Act (42 
                        U.S.C. 2996f(a)(2)(C)(i)), of the types of 
                        matters and cases to which the staff of the 
                        nonprofit organization shall devote time and 
                        resources; and
                            (ii) the staff of such person or entity has 
                        signed a written agreement not to undertake 
                        cases or matters other than in accordance with 
                        the specific priorities set by such governing 
                        board, except in emergency situations defined 
                        by such board and in accordance with the 
                        written procedures of such board for such 
                        situations; and
                    (B) the staff of such person or entity provides to 
                the governing board on a quarterly basis, and to the 
                Corporation on an annual basis, information on all 
                cases or matters undertaken other than cases or matters 
                undertaken in accordance with such priorities;
            (10) unless--
                    (A) prior to receiving the financial assistance, 
                such person or entity agrees to maintain records of 
                time spent on each case or matter with respect to which 
                the person or entity is engaged;
                    (B) any funds, including Interest on Lawyers Trust 
                Account funds, received from a source other than the 
                Corporation by the person or entity, and disbursements 
                of such funds, are accounted for and reported as 
                receipts and disbursements, respectively, separate and 
                distinct from Corporation funds; and
                    (C) the person or entity agrees (notwithstanding 
                section 1006(b)(3) of the Legal Services Corporation 
                Act (42 U.S.C. 2996e(b)(3)) to make the records 
                described in this paragraph available to any Federal 
                department or agency that is auditing or monitoring the 
                activities of the Corporation or of the recipient, and 
                to any independent auditor or monitor receiving Federal 
                funds to conduct such auditing or monitoring, including 
                any auditor or monitor of the Corporation;
            (11) that provides legal assistance for or on behalf of any 
        alien, unless the alien is present in the United States and 
        is--
                    (A) an alien lawfully admitted for permanent 
                residence as defined in section 101(a)(20) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(20));
                    (B) an alien who--
                            (i) is married to a United States citizen 
                        or is a parent or an unmarried child under the 
                        age of 21 years of such a citizen; and
                            (ii) has filed an application to adjust the 
                        status of the alien to the status of a lawful 
                        permanent resident under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.), which 
                        application has not been rejected;
                    (C) an alien who is lawfully present in the United 
                States pursuant to an admission under section 207 of 
                the Immigration and Nationality Act (8 U.S.C. 1157) 
                (relating to refugee admission) or who has been granted 
                asylum by the Attorney General under such Act;
                    (D) an alien who is lawfully present in the United 
                States as a result of withholding of deportation by the 
                Attorney General pursuant to section 243(h) of the 
                Immigration and Nationality Act (8 U.S.C. 1253(h));
                    (E) an alien to whom section 305 of the Immigration 
                Reform and Control Act of 1986 (8 U.S.C. 1101 note) 
                applies, but only to the extent that the legal 
                assistance provided is the legal assistance described 
                in such section; or
                    (F) an alien who is lawfully present in the United 
                States as a result of being granted conditional entry 
                to the United States before April 1, 1980, pursuant to 
                section 203(a)(7) of the Immigration and Nationality 
                Act (8 U.S.C. 1153(a)(7)), as in effect on March 31, 
                1980, because of persecution or fear of persecution on 
                account of race, religion, or political calamity;
            (12) that supports or conducts a training program for the 
        purpose of advocating a particular public policy or encouraging 
        a political activity, a labor or antilabor activity, a boycott, 
        picketing, a strike, or a demonstration, including the 
        dissemination of information about such a policy or activity, 
        except that this paragraph shall not be construed to prohibit 
        the provision of training to an attorney or a paralegal to 
        prepare the attorney or paralegal to provide--
                    (A) adequate legal assistance to eligible clients; 
                or
                    (B) advice to any eligible client as to the legal 
                rights of the client;
            (13) that claims (or whose employee claims), or collects 
        and retains, attorneys' fees pursuant to any Federal or State 
        law permitting or requiring the awarding of such fees;
            (14) that participates in any litigation with respect to 
        abortion;
            (15) that participates in any litigation on behalf of a 
        person incarcerated in a Federal, State, or local prison;
            (16) that initiates legal representation or participates in 
        any other way, in litigation, lobbying, or rulemaking, 
        involving an effort to reform a Federal or State welfare 
        system, except that this paragraph shall not be construed to 
        preclude a recipient from representing an individual eligible 
        client who is seeking specific relief from a welfare agency if 
        such relief does not involve an effort to amend or otherwise 
        challenge existing law in effect on the date of the initiation 
        of the representation;
            (17) that defends a person in a proceeding to evict the 
        person from a public housing project if--
                    (A) the person has been charged with the illegal 
                sale or distribution of a controlled substance; and
                    (B) the eviction proceeding is brought by a public 
                housing agency because the illegal drug activity of the 
                person threatens the health or safety of another tenant 
                residing in the public housing project or employee of 
                the public housing agency;
            (18) unless such person or entity agrees that the person or 
        entity, and the employees of the person or entity, will not 
        accept employment resulting from in-person unsolicited advice 
        to a nonattorney that such nonattorney should obtain counsel or 
        take legal action, and will not refer such nonattorney to 
        another person or entity or an employee of the person or 
        entity, that is receiving financial assistance provided by the 
        Corporation; or
            (19) unless such person or entity enters into a contractual 
        agreement to be subject to all provisions of Federal law 
        relating to the proper use of Federal funds, the violation of 
        which shall render any grant or contractual agreement to 
        provide funding null and void, and, for such purposes, the 
        Corporation shall be considered to be a Federal agency and all 
        funds provided by the Corporation shall be considered to be 
        Federal funds provided by grant or contract.
    (b) Nothing in this section shall be construed to prohibit a 
recipient from using funds from a source other than the Legal Services 
Corporation for the purpose of contacting, communicating with, or 
responding to a request from, a State or local government agency, a 
State or local legislative body or committee, or a member thereof, 
regarding funding for the recipient, including a pending or proposed 
legislative or agency proposal to fund such recipient.
    (c) Not later than 30 days after the date of enactment of this Act, 
the Legal Services Corporation shall promulgate a suggested list of 
priorities that boards of directors may use in setting priorities under 
subsection (a)(9).
    (d)(1) The Legal Services Corporation shall not accept any non-
Federal funds, and no recipient shall accept funds from any source 
other than the Corporation, unless the Corporation or the recipient, as 
the case may be, notifies in writing the source of the funds that the 
funds may not be expended for any purpose prohibited by the Legal 
Services Corporation Act or this title.
    (2) Paragraph (1) shall not prevent a recipient from--
            (A) receiving Indian tribal funds (including funds from 
        private nonprofit organizations for the benefit of Indians or 
        Indian tribes) and expending the tribal funds in accordance 
        with the specific purposes for which the tribal funds are 
        provided; or
            (B) using funds received from a source other than the Legal 
        Services Corporation to provide legal assistance to a covered 
        individual if such funds are used for the specific purposes for 
        which such funds were received, except that such funds may not 
        be expended by recipients for any purpose prohibited by this 
        Act or by the Legal Services Corporation Act.
    (e) Nothing in this section shall be construed to prohibit a 
recipient from using funds derived from a source other than the Legal 
Services Corporation to comment on public rulemaking or to respond to a 
written request for information or testimony from a Federal, State or 
local agency, legislative body or committee, or a member of such an 
agency, body, or committee, so long as the response is made only to the 
parties that make the request and the recipient does not arrange for 
the request to be made.
    (f) As used in this section:
            (1) The term ``controlled substance'' has the meaning given 
        the term in section 102 of the Controlled Substances Act (21 
        U.S.C. 802).
            (2) The term ``covered individual'' means any person who--
                    (A) except as provided in subparagraph (B), meets 
                the requirements of this Act and the Legal Services 
                Corporation Act relating to eligibility for legal 
                assistance; and
                    (B) may or may not be financially unable to afford 
                legal assistance.
            (3) The term ``public housing project'' has the meaning as 
        used within, and the term ``public housing agency'' has the 
        meaning given the term, in section 3 of the United States 
        Housing Act of 1937 (42 U.S.C. 1437a).
    Sec. 505. None of the funds appropriated in this Act to the Legal 
Services Corporation or provided by the Corporation to any entity or 
person may be used to pay membership dues to any private or nonprofit 
organization.
    Sec. 506. None of the funds appropriated in this Act to the Legal 
Services Corporation may be used by any person or entity receiving 
financial assistance from the Corporation to file or pursue a lawsuit 
against the Corporation.
    Sec. 507. None of the funds appropriated in this Act to the Legal 
Services Corporation may be used for any purpose prohibited or contrary 
to any of the provisions of authorization legislation for fiscal year 
1996 for the Legal Services Corporation that is enacted into law. Upon 
the enactment of such Legal Services Corporation reauthorization 
legislation, funding provided in this Act shall from that date be 
subject to the provisions of that legislation and any provisions in 
this Act that are inconsistent with that legislation shall no longer 
have effect.
    Sec. 508. (a) The requirements of section 504 shall apply to the 
activities of a recipient described in section 504, or an employee of 
such a recipient, during the provision of legal assistance for a case 
or matter, if the recipient or employee begins to provide the legal 
assistance on or after the date of enactment of this Act.
    (b) If the recipient or employee began to provide legal assistance 
for the case or matter prior to the date of enactment of this Act--
            (1) each of the requirements of section 504 (other than 
        paragraphs (7), (11), and (15) of subsection (a) of such 
        section) shall, beginning on the date of enactment of this Act, 
        apply to the activities of the recipient or employee during the 
        provision of legal assistance for the case or matter; and
            (2) the requirements of paragraphs (7), (11), and (15) of 
        section 504(a) shall apply--
                    (A) beginning on the date of enactment of this Act, 
                to the activities of the recipient or employee during 
                the provision of legal assistance for any additional 
                related claim for which the recipient or employee 
                begins to provide legal assistance on or after such 
                date; and
                    (B) beginning July 1, 1996, to all other activities 
                of the recipient or employee during the provision of 
                legal assistance for the case or matter.
    (c) The Legal Services Corporation shall, every 60 days, submit to 
the Committees on Appropriations of the Senate and House of 
Representatives a report setting forth the status of cases and matters 
referred to in subsection (b)(2).
    Sec. 509. (a) An audit of each person or entity receiving financial 
assistance from the Legal Services Corporation under this Act (referred 
to in this section as a ``recipient'') shall be conducted in accordance 
with generally accepted government auditing standards and guidance 
established by the Office of the Inspector General and shall report 
whether--
            (1) the financial statements of the recipient present 
        fairly its financial position and the results of its financial 
        operations in accordance with generally accepted accounting 
        principles;
            (2) the recipient has internal control systems to provide 
        reasonable assurance that it is managing funds, regardless of 
        source, in compliance with Federal laws and regulations; and
            (3) the recipient has complied with Federal laws and 
        regulations applicable to funds received, regardless of source.
    (b) In carrying out the requirements of subsection (a)(3), the 
auditor shall select and test a representative number of transactions 
and report all instances of noncompliance to the recipient. The 
recipient shall report any noncompliance found by the auditor during 
the audit under this section within 5 calendar days to the Office of 
the Inspector General. If the recipient fails to report the 
noncompliance, the auditor shall report the noncompliance directly to 
the Office of the Inspector General within 5 calendar days of the 
recipient's failure to report.
    (c) The audits required under this section shall be provided for by 
the recipients and performed by independent public accountants. The 
cost of such audits shall be shared on a pro rata basis among all of 
the recipient's funding providers and the appropriate share shall be an 
allowable charge to the Federal funds provided by the Legal Services 
Corporation. No audit costs may be charged to the Federal funds when 
the audit required by this section has not been made in accordance with 
the guidance promulgated by the Office of the Inspector General.
    If the recipient fails to have an acceptable audit in accordance 
with the guidance promulgated by the Office of the Inspector General, 
the following sanctions shall be available to the Corporation as 
recommended by the Office of the Inspector General:
            (1) the withholding of a percentage of the recipient's 
        funding until the audit is completed satisfactorily.
            (2) the suspension of recipient's funding until an 
        acceptable audit is completed.
    (d) The Office of the Inspector General may remove, suspend, or bar 
an independent public accountant, upon a showing of good cause, from 
performing audit services required by this section. The Office of the 
Inspector General shall develop and issue rules of practice to 
implement this paragraph.
    (e) Any independent public accountant performing an audit under 
this section who subsequently ceases to be the accountant for the 
recipient shall promptly notify the Office of the Inspector General 
pursuant to such rules as the Office of the Inspector General shall 
prescribe.
    (f) Audits conducted in accordance with this section shall be in 
lieu of the financial audits otherwise required by section 1009(c) of 
the Legal Services Corporation Act (42 U.S.C. 2996h(c)).
    (g) The Office of the Inspector General is authorized to conduct 
on-site monitoring, audits, and inspections in accordance with Federal 
standards.
    (h) Notwithstanding section 1006(b)(3) of the Legal Services 
Corporation Act (42 U.S.C. 2996e(b)(3)), financial records, time 
records, retainer agreements, client trust fund and eligibility 
records, and client names, for each recipient shall be made available 
to any auditor or monitor of the recipient, including any Federal 
department or agency that is auditing or monitoring the activities of 
the Corporation or of the recipient, and any independent auditor or 
monitor receiving Federal funds to conduct such auditing or monitoring, 
including any auditor or monitor of the Corporation, except for reports 
or records subject to the attorney-client privilege.
    (i) The Legal Services Corporation shall not disclose any name or 
document referred to in subsection (h), except to--
            (1) a Federal, State, or local law enforcement official; or
            (2) an official of an appropriate bar association for the 
        purpose of enabling the official to conduct an investigation of 
        a rule of professional conduct.
    (j) The recipient management shall be responsible for expeditiously 
resolving all reported audit reportable conditions, findings, and 
recommendations, including those of sub-recipients.
    (k) The Legal Services Corporation shall--
            (1) Follow up on significant reportable conditions, 
        findings, and recommendations found by the independent public 
        accountants and reported to Corporation management by the 
        Office of the Inspector General to ensure that instances of 
        deficiencies and noncompliance are resolved in a timely manner, 
        and
            (2) Develop procedures to ensure effective follow-up that 
        meet at a minimum the requirements of Office of Management and 
        Budget Circular Number A-50.
    (l) The requirements of this section shall apply to a recipient for 
its first fiscal year beginning on or after January 1, 1996.

                        Marine Mammal Commission

                         salaries and expenses

    For necessary expenses of the Marine Mammal Commission as 
authorized by title II of Public Law 92-522, as amended, $1,190,000.

           Martin Luther King, Jr. Federal Holiday Commission

                         salaries and expenses

    For necessary expenses of the Martin Luther King, Jr. Federal 
Holiday Commission, as authorized by Public Law 98-399, as amended, 
$350,000: Provided, That this shall be the final Federal payment to the 
Martin Luther King, Jr. Federal Holiday Commission for operations and 
necessary closing costs.

                      Ounce of Prevention Council

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

                   Securities and Exchange Commission

                         salaries and expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,000 for official reception and 
representation expenses, $287,738,000, of which $3,000,000 is for the 
Office of Economic Analysis, to be headed by the Chief Economist of the 
Commission, and of which not to exceed $10,000 may be used toward 
funding a permanent secretariat for the International Organization of 
Securities Commissions, and of which not to exceed $100,000 shall be 
available for expenses for consultations and meetings hosted by the 
Commission with foreign governmental and other regulatory officials, 
members of their delegations, appropriate representatives and staff to 
exchange views concerning developments relating to securities matters, 
development and implementation of cooperation agreements concerning 
securities matters and provision of technical assistance for the 
development of foreign securities markets, such expenses to include 
necessary logistic and administrative expenses and the expenses of 
Commission staff and foreign invitees in attendance at such 
consultations and meetings including: (i) such incidental expenses as 
meals taken in the course of such attendance, (ii) any travel and 
transportation to or from such meetings, and (iii) any other related 
lodging or subsistence: Provided, That immediately upon enactment of 
this Act, the rate of fees under section 6(b) of the Securities Act of 
1933 (15 U.S.C. 77f(b)) shall increase from one-fiftieth of one 
percentum to one-twenty-ninth of one percentum, and such increase shall 
be deposited as an offsetting collection to this appropriation, to 
remain available until expended, to recover costs of services of the 
securities registration process: Provided further, That the total 
amount appropriated for fiscal year 1996 under this heading shall be 
reduced as such fees are deposited to this appropriation so as to 
result in a final total fiscal year 1996 appropriation from the General 
Fund estimated at not more than $103,445,000: Provided further, That 
any such fees collected in excess of $184,293,000 shall remain 
available until expended but shall not be available for obligation 
until October 1, 1996: Provided further, That $1,000,000 of the funds 
appropriated for the Commission shall be available for the enforcement 
of the Investment Advisers Act of 1940 in addition to any other 
appropriated funds designated by the Commission for enforcement of such 
Act.

                     Small Business Administration

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 103-403, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and 
representation expenses, $219,190,000: Provided, That the Administrator 
is authorized to charge fees to cover the cost of publications 
developed by the Small Business Administration, and certain loan 
servicing activities: Provided further, That notwithstanding 31 U.S.C. 
3302, revenues received from all such activities shall be credited to 
this account, to be available for carrying out these purposes without 
further appropriations.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App. 1-11 as amended by Public Law 100-504), 
$8,500,000.

                     business loans program account

    For the cost of direct loans, $4,500,000, and for the cost of 
guaranteed loans, $156,226,000, as authorized by 15 U.S.C. 631 note, of 
which $1,216,000, to be available until expended, shall be for the 
Microloan Guarantee Program, and of which $40,510,000 shall remain 
available until September 30, 1997: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That during fiscal year 1996, commitments to guarantee loans under 
section 503 of the Small Business Investment Act of 1958, as amended, 
shall not exceed the amount of financings authorized under section 
20(n)(2)(B) of the Small Business Act, as amended.
    In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $92,622,000, which may be transferred to 
and merged with the appropriations for Salaries and Expenses.

                     disaster loans program account

    For the cost of direct loans authorized by section 7(b) of the 
Small Business Act, as amended, $34,432,000, to remain available until 
expended: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974.
    In addition, for administrative expenses to carry out the direct 
loan program, $71,578,000, which may be transferred to and merged with 
the appropriations for Salaries and Expenses.

                 surety bond guarantees revolving fund

    For additional capital for the ``Surety Bond Guarantees Revolving 
Fund'', authorized by the Small Business Investment Act, as amended, 
$2,530,000, to remain available without fiscal year limitation as 
authorized by 15 U.S.C. 631 note.

        administrative provision--small business administration

    Sec. 510. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Small Business 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation shall be increased by more 
than 10 percent by any such transfers: Provided, That any transfer 
pursuant to this section shall be treated as a reprogramming of funds 
under section 605 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.

                        State Justice Institute

                         salaries and expenses

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

                      TITLE VI--GENERAL PROVISIONS

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

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund

                              (rescission)

    Of the unobligated balances available under this heading, 
$65,000,000 are rescinded.

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

            acquisition and maintenance of buildings abroad

                              (rescission)

    Of the unobligated balances available under this heading, 
$95,500,000 are rescinded.

                            RELATED AGENCIES

                    United States Information Agency

                           radio construction

                              (rescission)

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

                  TITLE VIII--PRISON LITIGATION REFORM

SEC. 801. SHORT TITLE.

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

SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.

    (a) In General.--Section 3626 of title 18, United States Code, is 
amended to read as follows:
``Sec. 3626. Appropriate remedies with respect to prison conditions
    ``(a) Requirements for Relief.--
            ``(1) Prospective relief.--(A) Prospective relief in any 
        civil action with respect to prison conditions shall extend no 
        further than necessary to correct the violation of the Federal 
        right of a particular plaintiff or plaintiffs. The court shall 
        not grant or approve any prospective relief unless the court 
        finds that such relief is narrowly drawn, extends no further 
        than necessary to correct the violation of the Federal right, 
        and is the least intrusive means necessary to correct the 
        violation of the Federal right. The court shall give 
        substantial weight to any adverse impact on public safety or 
        the operation of a criminal justice system caused by the 
        relief.
            ``(B) The court shall not order any prospective relief that 
        requires or permits a government official to exceed his or her 
        authority under State or local law or otherwise violates State 
        or local law, unless--
                    ``(i) Federal law permits such relief to be ordered 
                in violation of State or local law;
                    ``(ii) the relief is necessary to correct the 
                violation of a Federal right; and
                    ``(iii) no other relief will correct the violation 
                of the Federal right.
            ``(C) Nothing in this section shall be construed to 
        authorize the courts, in exercising their remedial powers, to 
        order the construction of prisons or the raising of taxes, or 
        to repeal or detract from otherwise applicable limitations on 
        the remedial powers of the courts.
            ``(2) Preliminary injunctive relief.--In any civil action 
        with respect to prison conditions, to the extent otherwise 
        authorized by law, the court may enter a temporary restraining 
        order or an order for preliminary injunctive relief. 
        Preliminary injunctive relief must be narrowly drawn, extend no 
        further than necessary to correct the harm the court finds 
        requires preliminary relief, and be the least intrusive means 
        necessary to correct that harm. The court shall give 
        substantial weight to any adverse impact on public safety or 
        the operation of a criminal justice system caused by the 
        preliminary relief and shall respect the principles of comity 
        set out in paragraph (1)(B) in tailoring any preliminary 
        relief. Preliminary injunctive relief shall automatically 
        expire on the date that is 90 days after its entry, unless the 
        court makes the findings required under subsection (a)(1) for 
        the entry of prospective relief and makes the order final 
        before the expiration of the 90-day period.
            ``(3) Prisoner release order.--(A) In any civil action with 
        respect to prison conditions, no prisoner release order shall 
        be entered unless--
                    ``(i) a court has previously entered an order for 
                less intrusive relief that has failed to remedy the 
                deprivation of the Federal right sought to be remedied 
                through the prisoner release order; and
                    ``(ii) the defendant has had a reasonable amount of 
                time to comply with the previous court orders.
            ``(B) In any civil action in Federal court with respect to 
        prison conditions, a prisoner release order shall be entered 
        only by a three-judge court in accordance with section 2284 of 
        title 28, if the requirements of subparagraph (E) have been 
        met.
            ``(C) A party seeking a prisoner release order in Federal 
        court shall file with any request for such relief, a request 
        for a three-judge court and materials sufficient to demonstrate 
        that the requirements of subparagraph (A) have been met.
            ``(D) If the requirements under subparagraph (A) have been 
        met, a Federal judge before whom a civil action with respect to 
        prison conditions is pending who believes that a prison release 
        order should be considered may sua sponte request the convening 
        of a three-judge court to determine whether a prisoner release 
        order should be entered.
            ``(E) The three-judge court shall enter a prisoner release 
        order only if the court finds by clear and convincing evidence 
        that--
                    ``(i) crowding is the primary cause of the 
                violation of a Federal right; and
                    ``(ii) no other relief will remedy the violation of 
                the Federal right.
            ``(F) Any State or local official or unit of government 
        whose jurisdiction or function includes the appropriation of 
        funds for the construction, operation, or maintenance of 
        program facilities, or the prosecution or custody of persons 
        who may be released from, or not admitted to, a prison as a 
        result of a prisoner release order shall have standing to 
        oppose the imposition or continuation in effect of such relief 
        and to seek termination of such relief, and shall have the 
        right to intervene in any proceeding relating to such relief.
    ``(b) Termination of Relief.--
            ``(1) Termination of prospective relief.--(A) In any civil 
        action with respect to prison conditions in which prospective 
        relief is ordered, such relief shall be terminable upon the 
        motion of any party or intervener--
                    ``(i) 2 years after the date the court granted or 
                approved the prospective relief;
                    ``(ii) 1 year after the date the court has entered 
                an order denying termination of prospective relief 
                under this paragraph; or
                    ``(iii) in the case of an order issued on or before 
                the date of enactment of the Prison Litigation Reform 
                Act, 2 years after such date of enactment.
            ``(B) Nothing in this section shall prevent the parties 
        from agreeing to terminate or modify relief before the relief 
        is terminated under subparagraph (A).
            ``(2) Immediate termination of prospective relief.--In any 
        civil action with respect to prison conditions, a defendant or 
        intervener shall be entitled to the immediate termination of 
        any prospective relief if the relief was approved or granted in 
        the absence of a finding by the court that the relief is 
        narrowly drawn, extends no further than necessary to correct 
        the violation of the Federal right, and is the least intrusive 
        means necessary to correct the violation of the Federal right.
            ``(3) Limitation.--Prospective relief shall not terminate 
        if the court makes written findings based on the record that 
        prospective relief remains necessary to correct a current or 
        ongoing violation of the Federal right, extends no further than 
        necessary to correct the violation of the Federal right, and 
        that the prospective relief is narrowly drawn and the least 
        intrusive means to correct the violation.
            ``(4) Termination or modification of relief.--Nothing in 
        this section shall prevent any party or intervener from seeking 
        modification or termination before the relief is terminable 
        under paragraph (1) or (2), to the extent that modification or 
        termination would otherwise be legally permissible.
    ``(c) Settlements.--
            ``(1) Consent decrees.--In any civil action with respect to 
        prison conditions, the court shall not enter or approve a 
        consent decree unless it complies with the limitations on 
        relief set forth in subsection (a).
            ``(2) Private settlement agreements.--(A) Nothing in this 
        section shall preclude parties from entering into a private 
        settlement agreement that does not comply with the limitations 
        on relief set forth in subsection (a), if the terms of that 
        agreement are not subject to court enforcement other than the 
        reinstatement of the civil proceeding that the agreement 
        settled.
            ``(B) Nothing in this section shall preclude any party 
        claiming that a private settlement agreement has been breached 
        from seeking in State court any remedy available under State 
        law.
    ``(d) State Law Remedies.--The limitations on remedies in this 
section shall not apply to relief entered by a State court based solely 
upon claims arising under State law.
    ``(e) Procedure for Motions Affecting Prospective Relief.--
            ``(1) Generally.--The court shall promptly rule on any 
        motion to modify or terminate prospective relief in a civil 
        action with respect to prison conditions.
            ``(2) Automatic stay.--Any prospective relief subject to a 
        pending motion shall be automatically stayed during the 
        period--
                    ``(A)(i) beginning on the 30th day after such 
                motion is filed, in the case of a motion made under 
                paragraph (1) or (2) of subsection (b); or
                    ``(ii) beginning on the 180th day after such motion 
                is filed, in the case of a motion made under any other 
                law; and
                    ``(B) ending on the date the court enters a final 
                order ruling on the motion.
    ``(f) Special Masters.--
            ``(1) In general.--(A) In any civil action in a Federal 
        court with respect to prison conditions, the court may appoint 
        a special master who shall be disinterested and objective and 
        who will give due regard to the public safety, to conduct 
        hearings on the record and prepare proposed findings of fact.
            ``(B) The court shall appoint a special master under this 
        subsection during the remedial phase of the action only upon a 
        finding that the remedial phase will be sufficiently complex to 
        warrant the appointment.
            ``(2) Appointment.--(A) If the court determines that the 
        appointment of a special master is necessary, the court shall 
        request that the defendant institution and the plaintiff each 
        submit a list of not more than 5 persons to serve as a special 
        master.
            ``(B) Each party shall have the opportunity to remove up to 
        3 persons from the opposing party's list.
            ``(C) The court shall select the master from the persons 
        remaining on the list after the operation of subparagraph (B).
            ``(3) Interlocutory appeal.--Any party shall have the right 
        to an interlocutory appeal of the judge's selection of the 
        special master under this subsection, on the ground of 
        partiality.
            ``(4) Compensation.--The compensation to be allowed to a 
        special master under this section shall be based on an hourly 
        rate not greater than the hourly rate established under section 
        3006A for payment of court-appointed counsel, plus costs 
        reasonably incurred by the special master. Such compensation 
        and costs shall be paid with funds appropriated to the 
        Judiciary.
            ``(5) Regular review of appointment.--In any civil action 
        with respect to prison conditions in which a special master is 
        appointed under this subsection, the court shall review the 
        appointment of the special master every 6 months to determine 
        whether the services of the special master continue to be 
        required under paragraph (1). In no event shall the appointment 
        of a special master extend beyond the termination of the 
        relief.
            ``(6) Limitations on powers and duties.--A special master 
        appointed under this subsection--
                    ``(A) may be authorized by a court to conduct 
                hearings and prepare proposed findings of fact, which 
                shall be made on the record;
                    ``(B) shall not make any findings or communications 
                ex parte;
                    ``(C) may be authorized by a court to assist in the 
                development of remedial plans; and
                    ``(D) may be removed at any time, but shall be 
                relieved of the appointment upon the termination of 
                relief.
    ``(g) Definitions.--As used in this section--
            ``(1) the term `consent decree' means any relief entered by 
        the court that is based in whole or in part upon the consent or 
        acquiescence of the parties but does not include private 
        settlements;
            ``(2) the term `civil action with respect to prison 
        conditions' means any civil proceeding arising under Federal 
        law with respect to the conditions of confinement or the 
        effects of actions by government officials on the lives of 
        persons confined in prison, but does not include habeas corpus 
        proceedings challenging the fact or duration of confinement in 
        prison;
            ``(3) the term `prisoner' means any person subject to 
        incarceration, detention, or admission to any facility who is 
        accused of, convicted of, sentenced for, or adjudicated 
        delinquent for, violations of criminal law or the terms and 
        conditions of parole, probation, pretrial release, or 
        diversionary program;
            ``(4) the term `prisoner release order' includes any order, 
        including a temporary restraining order or preliminary 
        injunctive relief, that has the purpose or effect of reducing 
        or limiting the prison population, or that directs the release 
        from or nonadmission of prisoners to a prison;
            ``(5) the term `prison' means any Federal, State, or local 
        facility that incarcerates or detains juveniles or adults 
        accused of, convicted of, sentenced for, or adjudicated 
        delinquent for, violations of criminal law;
            ``(6) the term `private settlement agreement' means an 
        agreement entered into among the parties that is not subject to 
        judicial enforcement other than the reinstatement of the civil 
        proceeding that the agreement settled;
            ``(7) the term `prospective relief' means all relief other 
        than compensatory monetary damages;
            ``(8) the term `special master' means any person appointed 
        by a Federal court pursuant to Rule 53 of the Federal Rules of 
        Civil Procedure or pursuant to any inherent power of the court 
        to exercise the powers of a master, regardless of the title or 
        description given by the court; and
            ``(9) the term `relief' means all relief in any form that 
        may be granted or approved by the court, and includes consent 
        decrees but does not include private settlement agreements.''.
    (b) Application of Amendment.--
            (1) In general.--Section 3626 of title 18, United States 
        Code, as amended by this section, shall apply with respect to 
        all prospective relief whether such relief was originally 
        granted or approved before, on, or after the date of the 
        enactment of this title.
            (2) Technical amendment.--Subsections (b) and (d) of 
        section 20409 of the Violent Crime Control and Law Enforcement 
        Act of 1994 are repealed.
    (c) Clerical Amendment.--The table of sections at the beginning of 
subchapter C of chapter 229 of title 18, United States Code, is amended 
to read as follows:

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

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

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

``SEC. 7. SUITS BY PRISONERS.

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

SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.

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

SEC. 805. JUDICIAL SCREENING.

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

``1915A. Screening.''.

SEC. 806. FEDERAL TORT CLAIMS.

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

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

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

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

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

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

    (a) In General.--Chapter 123 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1932. Revocation of earned release credit
    ``In any civil action brought by an adult convicted of a crime and 
confined in a Federal correctional facility, the court may order the 
revocation of such earned good time credit under section 3624(b) of 
title 18, United States Code, that has not yet vested, if, on its own 
motion or the motion of any party, the court finds that--
            ``(1) the claim was filed for a malicious purpose;
            ``(2) the claim was filed solely to harass the party 
        against which it was filed; or
            ``(3) the claimant testifies falsely or otherwise knowingly 
        presents false evidence or information to the court.''.
    (b) Technical Amendment.--The analysis for chapter 123 of title 28, 
United States Code, is amended by inserting after the item relating to 
section 1931 the following:

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

SEC. 810. SEVERABILITY.

    If any provision of this title, an amendment made by this title, or 
the application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this 
title, the amendments made by this title, and the application of the 
provisions of such to any person or circumstance shall not be affected 
thereby.
    This Act may be cited as the ``Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 
1996.''.
    (b) Such amounts as may be necessary for programs, projects or 
activities provided for in the District of Columbia Appropriations Act, 
1996 at a rate of operations and to the extent and in the manner 
provided as follows, to be effective as if it had been enacted into law 
as the regular appropriations Act:

                                 AN ACT

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

                TITLE I--FISCAL YEAR 1996 APPROPRIATIONS

              Federal Payment to the District of Columbia

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

                Federal Contribution to Retirement Funds

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

               Federal Contribution for Education Reform

    For a Federal contribution to Education Reform, $14,930,000 which 
shall be deposited into an escrow account of the District of Columbia 
Financial Responsibility and Management Assistance Authority, pursuant 
to section 205 of Public Law 104-8, approved April 17, 1995 (109 Stat. 
131), and shall be disbursed from such account pursuant to the 
instructions of the Authority and in accordance with title II of this 
Act, where applicable, as follows:
    $200,000 shall be available for payments to charter schools;
    $300,000 shall be available for the Public Charter School Board;
    $2,000,000 shall be transferred directly, notwithstanding any other 
provision of law, to the United States Department of Education for 
awarding grants to carry out Even Start programs in the District of 
Columbia as provided for in Subtitle C of title II of this Act;
    $1,250,000 shall be available to establish core curriculum, content 
standards, and assessments;
    $500,000 shall be available for payment to the Administrator of the 
General Services Administration for the costs of developing engineering 
plans for donated work on District of Columbia public school 
facilities;
    $100,000 shall be available to develop a plan for a residential 
school;
    $860,000 shall be available for the District Education and Learning 
Technologies Advancement Council;
    $1,450,000 shall be available to the District Employment and 
Learning Center;
    $1,000,000 shall be available for a professional development 
program for teachers and administrators administered by the nonprofit 
corporation selected under section 2701 of title II of this Act;
    $1,450,000 shall be available for the Jobs for D.C. Graduates 
Program;
    $70,000 shall be available for the Everybody Wins program: 
Provided, That $35,000 of this amount shall not be available until the 
Superintendent certifies to the Chairman of the District of Columbia 
Financial Responsibility and Management Assistance Authority that he 
has raised a like amount from private sources;
    $100,000 shall be available for the Fit Kids program: Provided, 
That $50,000 of this amount shall not be available until the 
Superintendent certifies to the Chairman of the District of Columbia 
Financial Responsibility and Management Assistance Authority that he 
has raised a like amount from private sources;
    $400,000 shall be available to the District of Columbia Public 
Schools to improve security (such as installing electronic door locking 
devices) at such schools, including at a minimum the following schools: 
Winston Education Center; McKinley High School; Ballou High School; and 
Cardozo High School; and
    $5,250,000 shall be available pursuant to a plan developed by the 
Superintendent of the District of Columbia Public Schools, in 
consultation with public and private entities, for repair, 
modernization, maintenance and planning consistent with subtitle A and 
subtitle F of title II of this Act, the August 14, 1995 recommendations 
of the ``Superintendent's Task Force on Education Infrastructure for 
the 21st Century'' and the June 13, 1995 ``Accelerating Education 
Reform in the District of Columbia: Building on BESST'': Provided, That 
not more than $250,000 of this amount may be available for planning: 
Provided further, That these funds shall be available for repair, 
modernization, maintenance of classroom buildings: Provided further, 
That these funds shall remain available until expended.

                          Division of Expenses

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

                   Governmental Direction and Support

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

                  Economic Development and Regulation

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

                       Public Safety and Justice

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

                        Public Education System

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

                            Education Reform

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

                         Human Support Services

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

                              Public Works

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

           Washington Convention Center Fund Transfer Payment

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

                    Repayment of Loans and Interest

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

                Repayment of General Fund Recovery Debt

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

             Repayment of Interest on Short-Term Borrowing

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

             Pay Renegotiation or Reduction in Compensation

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

                             Rainy Day Fund

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

                        Incentive Buyout Program

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

                         Outplacement Services

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

                         Boards and Commissions

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

                   Government Re-Engineering Program

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

                             Capital Outlay

                        (including rescissions)

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

                    Water and Sewer Enterprise Fund

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

              Lottery and Charitable Games Enterprise Fund

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

                    Cable Television Enterprise Fund

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

                             Starplex Fund

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

                         D.C. General Hospital

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

                         D.C. Retirement Board

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

                      Correctional Industries Fund

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

              Washington Convention Center Enterprise Fund

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

District of Columbia Financial Responsibility and Management Assistance 
                               Authority

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

             Personal and Nonpersonal Services Adjustments

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

                           General Provisions

    Sec. 101. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 102. Except as otherwise provided in this Act, all vouchers 
covering expenditures of appropriations contained in this Act shall be 
audited before payment by the designated certifying official and the 
vouchers as approved shall be paid by checks issued by the designated 
disbursing official.
    Sec. 103. Whenever in this Act, an amount is specified within an 
appropriation for particular purposes or objects of expenditure, such 
amount, unless otherwise specified, shall be considered as the maximum 
amount that may be expended for said purpose or object rather than an 
amount set apart exclusively therefor.
    Sec. 104. Appropriations in this Act shall be available, when 
authorized by the Mayor, for allowances for privately owned automobiles 
and motorcycles used for the performance of official duties at rates 
established by the Mayor: Provided, That such rates shall not exceed 
the maximum prevailing rates for such vehicles as prescribed in the 
Federal Property Management Regulations 101-7 (Federal Travel 
Regulations).
    Sec. 105. Appropriations in this Act shall be available for 
expenses of travel and for the payment of dues of organizations 
concerned with the work of the District of Columbia government, when 
authorized by the Mayor: Provided, That the Council of the District of 
Columbia and the District of Columbia Courts may expend such funds 
without authorization by the Mayor.
    Sec. 106. There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of judgments that have been entered against the 
District of Columbia government: Provided, That nothing contained in 
this section shall be construed as modifying or affecting the 
provisions of section 11(c)(3) of title XII of the District of Columbia 
Income and Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat. 
78; Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
    Sec. 107. Appropriations in this Act shall be available for the 
payment of public assistance without reference to the requirement of 
section 544 of the District of Columbia Public Assistance Act of 1982, 
effective April 6, 1982 (D.C. Law 4-101; D.C. Code, sec. 3-205.44), and 
for the non-Federal share of funds necessary to qualify for Federal 
assistance under the Juvenile Delinquency Prevention and Control Act of 
1968, approved July 31, 1968 (82 Stat. 462; Public Law 90-445, 42 
U.S.C. 3801 et seq.).
    Sec. 108. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 109. No funds appropriated in this Act for the District of 
Columbia government for the operation of educational institutions, the 
compensation of personnel, or for other educational purposes may be 
used to permit, encourage, facilitate, or further partisan political 
activities. Nothing herein is intended to prohibit the availability of 
school buildings for the use of any community or partisan political 
group during non-school hours.
    Sec. 110. The annual budget for the District of Columbia government 
for the fiscal year ending September 30, 1997, shall be transmitted to 
the Congress no later than April 15, 1996 or as provided for under the 
provisions of Public Law 104-8, approved April 17, 1995.
    Sec. 111. None of the funds appropriated in this Act shall be made 
available to pay the salary of any employee of the District of Columbia 
government whose name, title, grade, salary, past work experience, and 
salary history are not available for inspection by the House and Senate 
Committees on Appropriations, the House Committee on Government Reform 
and Oversight, District of Columbia Subcommittee, the Subcommittee on 
Oversight of Government Management, of the Senate Committee on 
Governmental Affairs, and the Council of the District of Columbia, or 
their duly authorized representative: Provided, That none of the funds 
contained in this Act shall be made available to pay the salary of any 
employee of the District of Columbia government whose name and salary 
are not available for public inspection.
    Sec. 112. There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making payments 
authorized by the District of Columbia Revenue Recovery Act of 1977, 
effective September 23, 1977 (D.C. Law 2-20; D.C. Code, sec. 47-421 et 
seq.).
    Sec. 113. No part of this appropriation shall be used for publicity 
or propaganda purposes or implementation of any policy including 
boycott designed to support or defeat legislation pending before 
Congress or any State legislature.
    Sec. 114. At the start of the fiscal year, the Mayor shall develop 
an annual plan, by quarter and by project, for capital outlay 
borrowings: Provided, That within a reasonable time after the close of 
each quarter, the Mayor shall report to the Council of the District of 
Columbia and the Congress the actual borrowings and spending progress 
compared with projections.
    Sec. 115. The Mayor shall not borrow any funds for capital projects 
unless the Mayor has obtained prior approval from the Council of the 
District of Columbia, by resolution, identifying the projects and 
amounts to be financed with such borrowings.
    Sec. 116. The Mayor shall not expend any moneys borrowed for 
capital projects for the operating expenses of the District of Columbia 
government.
    Sec. 117. None of the funds appropriated by this Act may be 
obligated or expended by reprogramming except pursuant to advance 
approval of the reprogramming granted according to the procedure set 
forth in the Joint Explanatory Statement of the Committee of Conference 
(House Report No. 96-443), which accompanied the District of Columbia 
Appropriation Act, 1980, approved October 30, 1979 (93 Stat. 713; 
Public Law 96-93), as modified in House Report No. 98-265, and in 
accordance with the Reprogramming Policy Act of 1980, effective 
September 16, 1980 (D.C. Law 3-100; D.C. Code, sec. 47-361 et seq.): 
Provided, That for the fiscal year ending September 30, 1996 the above 
shall apply except as modified by Public Law 104-8.
    Sec. 118. None of the Federal funds provided in this Act shall be 
obligated or expended to provide a personal cook, chauffeur, or other 
personal servants to any officer or employee of the District of 
Columbia.
    Sec. 119. None of the Federal Funds provided in this Act shall be 
obligated or expended to procure passenger automobiles as defined in 
the Automobile Fuel Efficiency Act of 1980, approved October 10, 1980 
(94 Stat. 1824; Public Law 96-425; 15 U.S.C. 2001(2)), with an 
Environmental Protection Agency estimated miles per gallon average of 
less than 22 miles per gallon: Provided, That this section shall not 
apply to security, emergency rescue, or armored vehicles.
    Sec. 120. (a) Notwithstanding section 422(7) of the District of 
Columbia Self-Government and Governmental Reorganization Act of 1973, 
approved December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C. Code, 
sec. 1-242(7)), the City Administrator shall be paid, during any fiscal 
year, a salary at a rate established by the Mayor, not to exceed the 
rate established for level IV of the Executive Schedule under 5 U.S.C. 
5315.
    (b) For purposes of applying any provision of law limiting the 
availability of funds for payment of salary or pay in any fiscal year, 
the highest rate of pay established by the Mayor under subsection (a) 
of this section for any position for any period during the last quarter 
of calendar year 1995 shall be deemed to be the rate of pay payable for 
that position for September 30, 1995.
    (c) Notwithstanding section 4(a) of the District of Columbia 
Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 793; 
Public Law 79-592; D.C. Code, sec. 5-803(a)), the Board of Directors of 
the District of Columbia Redevelopment Land Agency shall be paid, 
during any fiscal year, per diem compensation at a rate established by 
the Mayor.
    Sec. 121. Notwithstanding any other provisions of law, the 
provisions of the District of Columbia Government Comprehensive Merit 
Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. 
Code, sec. 1-601.1 et seq.), enacted pursuant to section 422(3) of the 
District of Columbia Self-Government and Governmental Reorganization 
Act of 1973, approved December 24, 1973 (87 Stat. 790; Public Law 93-
198; D.C. Code, sec. 1-242(3)), shall apply with respect to the 
compensation of District of Columbia employees: Provided, That for pay 
purposes, employees of the District of Columbia government shall not be 
subject to the provisions of title 5 of the United States Code.
    Sec. 122. The Director of the Department of Administrative Services 
may pay rentals and repair, alter, and improve rented premises, without 
regard to the provisions of section 322 of the Economy Act of 1932 
(Public Law 72-212; 40 U.S.C. 278a), upon a determination by the 
Director, that by reason of circumstances set forth in such 
determination, the payment of these rents and the execution of this 
work, without reference to the limitations of section 322, is 
advantageous to the District in terms of economy, efficiency, and the 
District's best interest.
    Sec. 123. No later than 30 days after the end of the first quarter 
of the fiscal year ending September 30, 1996, the Mayor of the District 
of Columbia shall submit to the Council of the District of Columbia the 
new fiscal year 1996 revenue estimates as of the end of the first 
quarter of fiscal year 1996. These estimates shall be used in the 
budget request for the fiscal year ending September 30, 1997. The 
officially revised estimates at midyear shall be used for the midyear 
report.
    Sec. 124. No sole source contract with the District of Columbia 
government or any agency thereof may be renewed or extended without 
opening that contract to the competitive bidding process as set forth 
in section 303 of the District of Columbia Procurement Practices Act of 
1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-
1183.3), except that the District of Columbia Public Schools may renew 
or extend sole source contracts for which competition is not feasible 
or practical, provided that the determination as to whether to invoke 
the competitive bidding process has been made in accordance with duly 
promulgated Board of Education rules and procedures.
    Sec. 125. For purposes of the Balanced Budget and Emergency Deficit 
Control Act of 1985, approved December 12, 1985 (99 Stat. 1037; Public 
Law 99-177), as amended, the term ``program, project, and activity'' 
shall be synonymous with and refer specifically to each account 
appropriating Federal funds in this Act, and any sequestration order 
shall be applied to each of the accounts rather than to the aggregate 
total of those accounts: Provided, That sequestration orders shall not 
be applied to any account that is specifically exempted from 
sequestration by the Balanced Budget and Emergency Deficit Control Act 
of 1985, approved December 12, 1985 (99 Stat. 1037; Public Law 99-177), 
as amended.
    Sec. 126. In the event a sequestration order is issued pursuant to 
the Balanced Budget and Emergency Deficit Control Act of 1985, approved 
December 12, 1985 (99 Stat. 1037: Public Law 99-177), as amended, after 
the amounts appropriated to the District of Columbia for the fiscal 
year involved have been paid to the District of Columbia, the Mayor of 
the District of Columbia shall pay to the Secretary of the Treasury, 
within 15 days after receipt of a request therefor from the Secretary 
of the Treasury, such amounts as are sequestered by the order: 
Provided, That the sequestration percentage specified in the order 
shall be applied proportionately to each of the Federal appropriation 
accounts in this Act that are not specifically exempted from 
sequestration by the Balanced Budget and Emergency Deficit Control Act 
of 1985, approved December 12, 1985 (99 Stat. 1037; Public Law 99-177), 
as amended.
    Sec. 127. For the fiscal year ending September 30, 1996, the 
District of Columbia shall pay interest on its quarterly payments to 
the United States that are made more than 60 days from the date of 
receipt of an itemized statement from the Federal Bureau of Prisons of 
amounts due for housing District of Columbia convicts in Federal 
penitentiaries for the preceding quarter.
    Sec. 128. Nothing in this Act shall be construed to authorize any 
office, agency or entity to expend funds for programs or functions for 
which a reorganization plan is required but has not been approved by 
the Council pursuant to section 422(12) of the District of Columbia 
Self-Government and Governmental Reorganization Act of 1973, approved 
December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-
242(12)) and the Governmental Reorganization Procedures Act of 1981, 
effective October 17, 1981 (D.C. Law 4-42; D.C. Code, sec. 1-299.1 to 
1-299.7). Appropriations made by this Act for such programs or 
functions are conditioned on the approval by the Council, prior to 
October 1, 1995, of the required reorganization plans.
    Sec. 129. (a) An entity of the District of Columbia government may 
accept and use a gift or donation during fiscal year 1996 if--
            (1) the Mayor approves the acceptance and use of the gift 
        or donation: Provided, That the Council of the District of 
        Columbia may accept and use gifts without prior approval by the 
        Mayor; and
            (2) the entity uses the gift or donation to carry out its 
        authorized functions or duties.
    (b) Each entity of the District of Columbia government shall keep 
accurate and detailed records of the acceptance and use of any gift or 
donation under subsection (a) of this section, and shall make such 
records available for audit and public inspection.
    (c) For the purposes of this section, the term ``entity of the 
District of Columbia government'' includes an independent agency of the 
District of Columbia.
    (d) This section shall not apply to the District of Columbia Board 
of Education, which may, pursuant to the laws and regulations of the 
District of Columbia, accept and use gifts to the public schools 
without prior approval by the Mayor.
    Sec. 130. None of the Federal funds provided in this Act may be 
used by the District of Columbia to provide for salaries, expenses, or 
other costs associated with the offices of United States Senator or 
United States Representative under section 4(d) of the District of 
Columbia Statehood Constitutional Convention Initiatives of 1979, 
effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-113(d)).

             Prohibition Against Use of Funds for Abortions

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

                  Prohibition on Domestic Partners Act

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

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

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

                          Multiyear Contracts

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

  Calculated Real Property Tax Rate Rescission and Real Property Tax 
                                 Freeze

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

                           Prisons Industries

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

                         Reports on Reductions

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

           Monthly Reporting Requirements--Board of Education

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

                     Monthly Reporting Requirement

                 university of the district of columbia

    Sec. 139. The University of the District of Columbia shall submit 
to the Congress, Mayor, and Council of the District of Columbia no 
later than fifteen (15) calendar days after the end of each month a 
report that sets forth--
            (1) current month expenditures and obligations, year-to-
        date expenditures and obligations, and total fiscal year 
        expenditure projections vs. budget broken out on the basis of 
        control center, responsibility center, and object class, and 
        for all funds, including capital financing;
            (2) a breakdown of FTE positions and all employees for the 
        most current pay period broken out on the basis of control 
        center and responsibility center, for all funds, including 
        capital funds;
            (3) a list of each account for which spending is frozen and 
        the amount of funds frozen, broken out by control center, 
        responsibility center, detailed object, and for all funding 
        sources;
            (4) a list of all active contracts in excess of $10,000 
        annually, which contains: the name of each contractor; the 
        budget to which the contract is charged broken out on the basis 
        of control center and responsibility center, and contract 
        identifying codes used by the University of the District of 
        Columbia; payments made in the last month and year-to-date, the 
        total amount of the contract and total payments made for the 
        contract and any modifications, extensions, renewals; and 
        specific modifications made to each contract in the last month;
            (5) all reprogramming requests and reports that have been 
        made by the University of the District of Columbia within the 
        last month in compliance with applicable law; and
            (6) changes in the last month to the organizational 
        structure of the University of the District of Columbia, 
        displaying previous and current control centers and 
        responsibility centers, the names of the organizational 
        entities that have been changed, the name of the staff member 
        supervising each entity affected, and the reasons for the 
        structural change.

                     Annual Reporting Requirements

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

                  Annual Budgets and Budget Revisions

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

                            Budget Approval

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

                   Public School Employee Evaluations

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

                           Position Vacancies

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

   Modifications of Board of Education Reduction-in-Force Procedures

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

                       Capital Project Employees

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

             Modification of Reduction-in-Force Procedures

    Sec. 149. The District of Columbia Government Comprehensive Merit 
Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. 
Code, sec. 1-601.1 et seq.), is amended as follows:
    (a) Section 2401 (D.C. Code, sec. 1-625.1) is amended by amending 
the third sentence to read as follows: ``A personnel authority may 
establish lesser competitive areas within an agency on the basis of all 
or a clearly identifiable segment of an agency's mission or a division 
or major subdivision of an agency.''.
    (b) A new section 2406 is added to read as follows:
    ``Sec. 2406. Abolishment of positions for Fiscal Year 1996.
    ``(a) Notwithstanding any other provision of law, regulation, or 
collective bargaining agreement either in effect or to be negotiated 
while this legislation is in effect for the fiscal year ending 
September 30, 1996, each agency head is authorized, within the agency 
head's discretion, to identify positions for abolishment.
    ``(b) Prior to February 1, 1996, each personnel authority shall 
make a final determination that a position within the personnel 
authority is to be abolished.
    ``(c) Notwithstanding any rights or procedures established by any 
other provision of this title, any District government employee, 
regardless of date of hire, who encumbers a position identified for 
abolishment shall be separated without competition or assignment 
rights, except as provided in this section.
    ``(d) An employee affected by the abolishment of a position 
pursuant to this section who, but for this section would be entitled to 
compete for retention, shall be entitled to 1 round of lateral 
competition pursuant to Chapter 24 of the District of Columbia 
Personnel Manual, which shall be limited to positions in the employee's 
competitive level.
    ``(e) Each employee who is a bona fide resident of the District of 
Columbia shall have added 5 years to his or her creditable service for 
reduction-in-force purposes. For purposes of this subsection only, a 
nonresident District employee who was hired by the District government 
prior to January 1, 1980, and has not had a break in service since that 
date, or a former employee of the U.S. Department of Health and Human 
Services at Saint Elizabeths Hospital who accepted employment with the 
District government on October 1, 1987, and has not had a break in 
service since that date, shall be considered a District resident.
    ``(f) Each employee selected for separation pursuant to this 
section shall be given written notice of at least 30 days before the 
effective date of his or her separation.
    ``(g) Neither the establishment of a competitive area smaller than 
an agency, nor the determination that a specific position is to be 
abolished, nor separation pursuant to his section shall be subject to 
review except as follows--
            ``(1) an employee may file a complaint contesting a 
        determination or a separation pursuant to title XV of this Act 
        or section 303 of the Human Rights Act of 1977, effective 
        December 13, 1977 (D.C. Law 2-38; D.C. Code, sec. 1-2543); and
            ``(2) an employee may file with the Office of Employee 
        Appeals an appeal contesting that the separation procedures of 
        subsections (d) and (f) of this section were not properly 
        applied.
    ``(h) An employee separated pursuant to this section shall be 
entitled to severance pay in accordance with title XI of this Act, 
except that the following shall be included in computing creditable 
service for severance pay for employees separated pursuant to this 
section--
            ``(1) four years for an employee who qualified for 
        veteran's preference under this act, and
            ``(2) three years for an employee who qualified for 
        residency preference under this Act.
    ``(i) Separation pursuant to this section shall not affect an 
employee's rights under either the Agency Reemployment Priority Program 
or the Displaced Employee Program established pursuant to Chapter 24 of 
the District Personnel Manual.
    ``(j) The Mayor shall submit to the Council a listing of all 
positions to be abolished by agency and responsibility center by March 
1, 1996, or upon the delivery of termination notices to individual 
employees.
    ``(k) Notwithstanding the provisions of section 1708 or section 
2402(d), the provisions of this act shall not be deemed negotiable.
    ``(l) A personnel authority shall cause a 30-day termination notice 
to be served, no later than September 1, 1996, on any incumbent 
employee remaining in any position identified to be abolished pursuant 
to subsection (b) of this section''.
    Sec. 150. (a) Ceiling on Total Operating Expenses.--Notwithstanding 
any other provision of law, the total amount appropriated in this Act 
for operating expenses for the District of Columbia for fiscal year 
1996 under the caption ``Division of Expenses'' shall not exceed 
$4,994,000,000 of which $165,339,000 shall be from intra-District 
funds.
    (b) Acceptance and Use of Grants Not Included in Ceiling.--
            (1) In general.--Notwithstanding subsection (a), the Mayor 
        of the District of Columbia may accept, obligate, and expend 
        Federal, private, and other grants received by the District 
        government that are not reflected in the amounts appropriated 
        in this Act.
            (2) Requirement of chief financial officer report and 
        financial responsibility and management assistance authority 
        approval.--No such Federal, private, or other grant may be 
        accepted, obligated, or expended pursuant to paragraph (1) 
        until--
                    (A) the Chief Financial Officer of the District 
                submits to the District of Columbia Financial 
                Responsibility and Management Assistance Authority 
                established by Public Law 104-8 (109 Stat. 97) a report 
                setting forth detailed information regarding such 
                grant; and
                    (B) the District of Columbia Financial 
                Responsibility and Management Assistance Authority has 
                reviewed and approved the acceptance, obligation, and 
                expenditure of such grant in accordance with review and 
                approval procedures consistent with the provisions of 
                Public Law 104-8.
            (3) Prohibition on spending in anticipation of approval or 
        receipt.--No amount may be obligated or expended from the 
        general fund or other funds of the District government in 
        anticipation of the approval or receipt of a grant under 
        paragraph (2)(B) or in anticipation of the approval or receipt 
        of a Federal, private, or other grant not subject to such 
        paragraph.
            (4) Monthly reports.--The Chief Financial Officer of the 
        District shall prepare a monthly report setting forth detailed 
        information regarding all Federal, private, and other grants 
        subject to this subsection. Each such report shall be submitted 
        to the Council of the District of Columbia, and to the 
        Committees on Appropriations of the House of Representatives 
        and the Senate, not later than 15 days after the end of the 
        month covered by the report.

                 Plans for Lorton Correctional Complex

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

           Prohibition Against Adoption by Unmarried Couples

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

   Technical Corrections to Financial Responsibility and Management 
                             Assistance Act

    Sec. 153. (a) Requiring GSA To Provide Support Services.--Section 
103(f) of the District of Columbia Financial Responsibility and 
Management Assistance Act of 1995 is amended by striking ``may 
provide'' and inserting ``shall promptly provide''.
    (b) Availability of Certain Federal Benefits for Individuals Who 
Become Employed by the Authority.--
            (1) Former federal employees.--Subsection (e) of section 
        102 of such Act is amended to read as follows:
    ``(e) Preservation of Retirement and Certain Other Rights of 
Federal Employees Who Become Employed by the Authority.--
            ``(1) In general.--Any Federal employee who becomes 
        employed by the Authority--
                    ``(A) may elect, for the purposes set forth in 
                paragraph (2)(A), to be treated, for so long as that 
                individual remains continuously employed by the 
                Authority, as if such individual had not separated from 
                service with the Federal Government, subject to 
                paragraph (3); and
                    ``(B) shall, if such employee subsequently becomes 
                reemployed by the Federal Government, be entitled to 
                have such individual's service with the Authority 
                treated, for purposes of determining the appropriate 
                leave accrual rate, as if it had been service with the 
                Federal Government.
            ``(2) Effect of an election.--An election made by an 
        individual under the provisions of paragraph (1)(A)--
                    ``(A) shall qualify such individual for the 
                treatment describe in such provisions for purposes of--
                            ``(i) chapter 83 or 84 of title 5, United 
                        States Code, as appropriate (relating to 
                        retirement), including the Thrift Savings Plan;
                            ``(ii) chapter 87 of such title (relating 
                        to life insurance); and
                            ``(iii) chapter 89 of such title (relating 
                        to health insurance); and
                    ``(B) shall disqualify such individual, while such 
                election remains in effect, from participating in the 
                programs offered by the government of the District of 
                Columbia (if any) corresponding to the respective 
                programs referred to in subparagraph (A).
            ``(3) Conditions for an election to be effective.--An 
        election made by an individual under paragraph (1)(A) shall be 
        ineffective unless--
                    ``(A) it is made before such individual separates 
                from service with the Federal Government; and
                    ``(B) such individual's service with the Authority 
                commences within 3 days after so separating (not 
                counting any holiday observed by the government of the 
                District of Columbia).
            ``(4) Contributions.--If an individual makes an election 
        under paragraph (1)(A), the Authority shall, in accordance with 
        applicable provisions of law referred to in paragraph (2)(A), 
        be responsible for making the same deductions from pay and the 
        same agency contributions as would be required if it were a 
        Federal agency.
            ``(5) Regulations.--Any regulations necessary to carry out 
        this subsection shall be prescribed in consultation with the 
        Authority by--
                    ``(A) the Office of Personnel Management, to the 
                extent that any program administered by the office is 
                involved;
                    ``(B) the appropriate office or agency of the 
                government of the District of Columbia, to the extent 
                that any program administered by such office or agency 
                is involved; and
                    ``(C) the Executive Director referred to in section 
                8474 of title 5, United States Code, to the extent that 
                the Thrift Savings Plan is involved.''.
            (2) Other individuals.--Section 102 of such Act is further 
        amended by adding at the end the following:
    ``(f) Federal Benefits for Others.--
            ``(1) In general.--The Office of Personnel Management, in 
        conjunction with each corresponding office or agency of the 
        government of the District of Columbia and in consultation with 
        the Authority, shall prescribe regulations under which any 
        individual who becomes employed by the Authority (under 
        circumstances other than as described in subsection (e)) may 
        elect either--
                    (A) to be deemed a Federal employee for purposes of 
                the programs referred to in subsection (e)(2)(A) (i)-
                (iii); or
                    ``(B) to participate in 1 or more of the 
                corresponding programs offered by the government of the 
                District of Columbia.
            ``(2) Effect of an election.--An individual who elects the 
        option under subparagraph (A) or (B) of paragraph (1) shall be 
        disqualified, while such election remains in effect, from 
        participating in any of the programs referred to in the other 
        such subparagraph.
            ``(3) Definition of `corresponding office or agency'.--For 
        purposes of paragraph (1), the term `corresponding office or 
        agency of the government of the District of Columbia' means, 
        with respect to any program administered by the Office of 
        Personnel Management, the office or agency responsible for 
        administering the corresponding program (if any) offered by the 
        government of the District of Columbia.
            ``(4) Thrift savings plan.--To the extent that the Thrift 
        Savings Plan is involved, the preceding provisions of this 
        subsection shall be applied by substituting `the Executive 
        Director referred to in section 8474 of title 5, United States 
        Code' for `the Office of Personnel Management'.''.
            (3) ``Effective date; additional election for former 
        federal employees serving on date of enactment; election for 
        employees appointed during interim period.--
                    (A) Effective date.--Not later than 6 months after 
                the date of enactment of this Act, there shall be 
                prescribed in consultation with the Authority (and take 
                effect)--
                            (i) regulations to carry out the amendments 
                        made by this subsection; and
                            (ii) any other regulations necessary to 
                        carry out this subsection.
                    (B) Additional election for former federal 
                employees serving on date of enactment.--
                            (i) In general.--Any former Federal 
                        employee employed by the Authority on the 
                        effective date of the regulations referred to 
                        in subparagraph (A)(i) may, within such period 
                        as may be provided for under those regulations, 
                        make an election similar, to the maximum extent 
                        practicable, to the election provided for under 
                        section 102(e) of the District of Columbia 
                        Financial Responsibility and Management 
                        Assistance Act of 1995, as amended by this 
                        subsection. Such regulations shall be 
                        prescribed jointly by the Office of Personnel 
                        Management and each corresponding office or 
                        agency of the government of the District of 
                        Columbia (in the same manner as provided for in 
                        section 102(f) of such Act, as so amended).
                            (ii) Exception.--An election under this 
                        subparagraph may not be made by any individual 
                        who--
                                    (I) is not then participating in a 
                                retirement system for Federal employees 
                                (disregarding Social Security); or
                                    (II) is then participating in any 
                                program of the government of the 
                                District of Columbia referred to in 
                                section 102(e)(2)(B) of such Act (as so 
                                amended).
                    (C) Election for employees appointed during interim 
                period.--
                            (i) From the federal government.--
                        Subsection (e) of section 102 of the District 
                        of Columbia Financial Responsibility and 
                        Management Assistance Act of 1995 (as last in 
                        effect before the date of enactment of this 
                        Act) shall be deemed to have remained in effect 
                        for purposes of any Federal employee who 
                        becomes employed by the District of Columbia 
                        Financial Responsibility and Management 
                        Assistance Authority during the period 
                        beginning on such date of enactment and ending 
                        on the day before the effective date of the 
                        regulations prescribed to carry out 
                        subparagraph (B).
                            (ii) Other individuals.--The regulations 
                        prescribed to carry out subsection (f) of 
                        section 102 of the District of Columbia 
                        Financial Responsibility and Management 
                        Assistance Act of 1995 (as amended by this 
                        subsection) shall include provisions under 
                        which an election under such subsection shall 
                        be available to any individual who--
                                    (I) becomes employed by the 
                                District of Columbia Financial 
                                Responsibility and Management 
                                Assistance Authority during the period 
                                beginning on the date of enactment of 
                                this Act and ending on the day before 
                                the effective date of such regulations;
                                    (II) would have been eligible to 
                                make an election under such regulations 
                                had those regulations been in effect 
                                when such individual became so 
                                employed; and
                                    (III) is not then participating in 
                                any program of the government of the 
                                District of Columbia referred to in 
                                subsection (f)(1)(B) of such section 
                                102 (as so amended).
    (c) Exemption From Liability for Claims for Authority Employees.--
Section 104 of such Act is amended--
            (1) by striking ``the Authority and its members'' and 
        inserting ``the Authority, its members, and its employees''; 
        and
            (2) by striking ``the District of Columbia'' and inserting 
        ``the Authority or its members or employees or the District of 
        Columbia''.
    (d) Permitting Review of Emergency Legislation.--Section 203(a)(3) 
of such Act is amended by striking subparagraph (C).

     Establishment of Exclusive Accounts for Blue Plains Activities

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

              TITLE II--DISTRICT OF COLUMBIA SCHOOL REFORM

SEC. 2001. SHORT TITLE.

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

SEC. 2002. DEFINITIONS.

    Except as otherwise provided, for purposes of this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Appropriations of the House of 
                Representatives and the Committee on Appropriations of 
                the Senate;
                    (B) the Committee on Economic and Educational 
                Opportunities of the House of Representatives and the 
                Committee on Labor and Human Resources of the Senate; 
                and
                    (C) the Committee on Government Reform and 
                Oversight of the House of Representatives and the 
                Committee on Governmental Affairs of the Senate.
            (2) Authority.--The term ``Authority'' means the District 
        of Columbia Financial Responsibility and Management Assistance 
        Authority established under section 101(a) of the District of 
        Columbia Financial Responsibility and Management Assistance Act 
        of 1995 (Public Law 104-8).
            (3) Average daily attendance.--The term ``average daily 
        attendance'' means the aggregate attendance of students of the 
        school during the period divided by the number of days during 
        the period in which--
                    (A) the school is in session; and
                    (B) the students of the school are under the 
                guidance and direction of teachers.
            (4) Average daily membership.--The term ``average daily 
        membership'' means the aggregate enrollment of students of the 
        school during the period divided by the number of days during 
        the period in which--
                    (A) the school is in session; and
                    (B) the students of the school are under the 
                guidance and direction of teachers.
            (5) Board of education.--The term ``Board of Education'' 
        means the Board of Education of the District of Columbia.
            (6) Board of trustees.--The term ``Board of Trustees'' 
        means the governing board of a public charter school, the 
        members of which are selected pursuant to the charter granted 
        to the school and in a manner consistent with this title.
            (7) Consensus commission.--The term ``Consensus 
        Commission'' means the Commission on Consensus Reform in the 
        District of Columbia public schools established under subtitle 
        L.
            (8) Core curriculum.--The term ``core curriculum'' means 
        the concepts, factual knowledge, and skills that students in 
        the District of Columbia should learn in kindergarten through 
        grade 12 in academic content areas, including, at a minimum, 
        English, mathematics, science, and history.
            (9) District of columbia council.--The term ``District of 
        Columbia Council'' means the Council of the District of 
        Columbia established pursuant to section 401 of the District of 
        Columbia Self-Government and Governmental Reorganization Act 
        (D.C. Code, sec. 1-221).
            (10) District of columbia government.--
                    (A) In general.--The term ``District of Columbia 
                Government'' means the government of the District of 
                Columbia, including--
                            (i) any department, agency, or 
                        instrumentality of the government of the 
                        District of Columbia;
                            (ii) any independent agency of the District 
                        of Columbia established under part F of title 
                        IV of the District of Columbia Self-Government 
                        and Governmental Reorganization Act;
                            (iii) any other agency, board, or 
                        commission established by the Mayor or the 
                        District of Columbia Council;
                            (iv) the courts of the District of 
                        Columbia;
                            (v) the District of Columbia Council; and
                            (vi) any other agency, public authority, or 
                        public nonprofit corporation that has the 
                        authority to receive moneys directly or 
                        indirectly from the District of Columbia (other 
                        than moneys received from the sale of goods, 
                        the provision of services, or the loaning of 
                        funds to the District of Columbia).
                    (B) Exception.--The term ``District of Columbia 
                Government'' neither includes the Authority nor a 
                public charter school.
            (11) District of columbia government retirement system.--
        The term ``District of Columbia Government retirement system'' 
        means the retirement programs authorized by the District of 
        Columbia Council or the Congress for employees of the District 
        of Columbia Government.
            (12) District of columbia public school.--
                    (A) In general.--The term ``District of Columbia 
                public school'' means a public school in the District 
                of Columbia that offers classes--
                            (i) at any of the grade levels from 
                        prekindergarten through grade 12; or
                            (ii) leading to a secondary school diploma, 
                        or its recognized equivalent.
                    (B) Exception.--The term ``District of Columbia 
                public school'' does not include a public charter 
                school.
            (13) Districtwide assessments.--The term ``districtwide 
        assessments'' means a variety of assessment tools and 
        strategies (including individual student assessments under 
        subparagraph (E)(ii)) administered by the Superintendent to 
        students enrolled in District of Columbia public schools and 
        public charter schools that--
                    (A) are aligned with the District of Columbia's 
                content standards and core curriculum;
                    (B) provide coherent information about student 
                attainment of such standards;
                    (C) are used for purposes for which such 
                assessments are valid, reliable, and unbiased, and are 
                consistent with relevant nationally recognized 
                professional and technical standards for such 
                assessments;
                    (D) involve multiple up-to-date measures of student 
                performance, including measures that assess higher 
                order thinking skills and understanding; and
                    (E) provide for--
                            (i) the participation in such assessments 
                        of all students;
                            (ii) individual student assessments for 
                        students that fail to reach minimum acceptable 
                        levels of performance;
                            (iii) the reasonable adaptations and 
                        accommodations for students with special needs 
                        (as defined in paragraph (32)) necessary to 
                        measure the achievement of such students 
                        relative to the District of Columbia's content 
                        standards; and
                            (iv) the inclusion of limited-English 
                        proficient students, who shall be assessed, to 
                        the extent practicable, in the language and 
                        form most likely to yield accurate and reliable 
                        information regarding such students' knowledge 
                        and abilities.
            (14) Electronic data transfer system.--The term 
        ``electronic data transfer system'' means a computer-based 
        process for the maintenance and transfer of student records 
        designed to permit the transfer of individual student records 
        among District of Columbia public schools and public charter 
        schools.
            (15) Elementary school.--The term ``elementary school'' 
        means an institutional day or residential school that provides 
        elementary education, as determined under District of Columbia 
        law.
            (16) Eligible applicant.--The term ``eligible applicant'' 
        means a person, including a private, public, or quasi-public 
        entity, or an institution of higher education (as defined in 
        section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1141(a))), that seeks to establish a public charter school in 
        the District of Columbia.
            (17) Eligible chartering authority.--The term ``eligible 
        chartering authority'' means any of the following:
                    (A) The Board of Education.
                    (B) The Public Charter School Board.
                    (C) Any one entity designated as an eligible 
                chartering authority by enactment of a bill by the 
                District of Columbia Council after the date of the 
                enactment of this Act.
            (18) Family resource center.--The term ``family resource 
        center'' means an information desk--
                    (A) located in a District of Columbia public school 
                or a public charter school serving a majority of 
                students whose family income is not greater than 185 
                percent of the income official poverty line (as defined 
                by the Office of Management and Budget, and revised 
                annually in accordance with section 673(2) of the 
                Community Services Block Grant Act applicable to a 
                family of the size involved (42 U.S.C. 9902(3))); and
                    (B) which links students and families to local 
                resources and public and private entities involved in 
                child care, adult education, health and social 
                services, tutoring, mentoring, and job training.
            (19) Individual career path.--The term ``individual career 
        path'' means a program of study that provides a secondary 
        school student the skills necessary to compete in the 21st 
        century workforce.
            (20) Literacy.--The term ``literacy'' means--
                    (A) in the case of a minor student, such student's 
                ability to read, write, and speak in English, and 
                compute and solve problems at levels of proficiency 
                necessary to function in society, to achieve such 
                student's goals, and develop such student's knowledge 
                and potential; and
                    (B) in the case of an adult, such adult's ability 
                to read, write, and speak in English, and compute and 
                solve problems at levels of proficiency necessary to 
                function on the job and in society, to achieve such 
                adult's goals, and develop such adult's knowledge and 
                potential.
            (21) Long-term reform plan.--The term ``long-term reform 
        plan'' means the plan submitted by the Superintendent under 
        section 2101.
            (22) Mayor.--The term ``Mayor'' means the Mayor of the 
        District of Columbia.
            (23) Metrobus and metrorail transit system.--The term 
        ``Metrobus and Metrorail Transit System'' means the bus and 
        rail systems administered by the Washington Metropolitan Area 
        Transit Authority.
            (24) Minor student.--The term ``minor student'' means an 
        individual who--
                    (A) is enrolled in a District of Columbia public 
                school or a public charter school; and
                    (B) is not beyond the age of compulsory school 
                attendance, as prescribed in section 1 of article I, 
                and section 1 of article II, of the Act of February 4, 
                1925 (sections 31-401 and 31-402, D.C. Code).
            (25) Nonresident student.--The term ``nonresident student'' 
        means--
                    (A) an individual under the age of 18 who is 
                enrolled in a District of Columbia public school or a 
                public charter school, and does not have a parent 
                residing in the District of Columbia; or
                    (B) an individual who is age 18 or older and is 
                enrolled in a District of Columbia public school or 
                public charter school, and does not reside in the 
                District of Columbia.
            (26) Parent.--The term ``parent'' means a person who has 
        custody of a child, and who--
                    (A) is a natural parent of the child;
                    (B) is a stepparent of the child;
                    (C) has adopted the child; or
                    (D) is appointed as a guardian for the child by a 
                court of competent jurisdiction.
            (27) Petition.--The term ``petition'' means a written 
        application.
            (28) Promotion gate.--The term ``promotion gate'' means the 
        criteria, developed by the Superintendent and approved by the 
        Board of Education, that are used to determine student 
        promotion at different grade levels. Such criteria shall 
        include student achievement on districtwide assessments 
        established under subtitle D.
            (29) Public charter school.--The term ``public charter 
        school'' means a publicly funded school in the District of 
        Columbia that--
                    (A) is established pursuant to subtitle B; and
                    (B) except as provided under sections 2212(d)(5) 
                and 2213(c)(5) is not a part of the District of 
                Columbia public schools.
            (30) Public charter school board.--The term ``Public 
        Charter School Board'' means the Public Charter School Board 
        established under section 2214.
            (31) Secondary school.--The term ``secondary school'' means 
        an institutional day or residential school that provides 
        secondary education, as determined by District of Columbia law, 
        except that such term does not include any education beyond 
        grade 12.
            (32) Student with special needs.--The term ``student with 
        special needs'' means a student who is a child with a 
        disability as provided in section 602(a)(1) of the Individuals 
        with Disabilities Education Act (20 U.S.C. 1401(a)(1)) or a 
        student who is an individual with a disability as provided in 
        section 7(8) of the Rehabilitation Act of 1973 (29 U.S.C. 
        706(8)).
            (33) Superintendent.--The term ``Superintendent'' means the 
        Superintendent of the District of Columbia public schools.
            (34) Teacher.--The term ``teacher'' means any person 
        employed as a teacher by the Board of Education or by a public 
        charter school.

SEC. 2003. GENERAL EFFECTIVE DATE.

    Except as otherwise provided in this title, this title shall be 
effective during the period beginning on the date of enactment of this 
Act and ending 5 years after such date.

              Subtitle A--District of Columbia Reform Plan

SEC. 2101. LONG-TERM REFORM PLAN.

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

                   Subtitle B--Public Charter Schools

SEC. 2201. PROCESS FOR FILING CHARTER PETITIONS.

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

SEC. 2202. CONTENTS OF PETITION.

    A petition under section 2201 to establish a public charter school 
shall include the following:
            (1) A statement defining the mission and goals of the 
        proposed school and the manner in which the school will meet 
        the content standards, and conduct the districtwide 
        assessments, described in section 2411(b).
            (2) A statement of the need for the proposed school in the 
        geographic area of the school site.
            (3) A description of the proposed instructional goals and 
        methods for the proposed school, which shall include, at a 
        minimum--
                    (A) the area of focus of the proposed school, such 
                as mathematics, science, or the arts, if the school 
                will have such a focus;
                    (B) the methods that will be used, including 
                classroom technology, to provide students with the 
                knowledge, proficiency, and skills needed--
                            (i) to become nationally and 
                        internationally competitive students and 
                        educated individuals in the 21st century; and
                            (ii) to perform competitively on any 
                        districtwide assessments; and
                    (C) the methods that will be used to improve 
                student self-motivation, classroom instruction, and 
                learning for all students.
            (4) A description of the scope and size of the proposed 
        school's program that will enable students to successfully 
        achieve the goals established by the school, including the 
        grade levels to be served by the school and the projected and 
        maximum enrollment of each grade level.
            (5) A description of the plan for evaluating student 
        academic achievement at the proposed school and the procedures 
        for remedial action that will be used by the school when the 
        academic achievement of a student falls below the expectations 
        of the school.
            (6) An operating budget for the first 2 years of the 
        proposed school that is based on anticipated enrollment and 
        contains--
                    (A) a description of the method for conducting 
                annual audits of the financial, administrative, and 
                programmatic operations of the school;
                    (B) either--
                            (i) an identification of the site where the 
                        school will be located, including a description 
                        of any buildings on the site and any buildings 
                        proposed to be constructed on the site; or
                            (ii) a timetable by which such an 
                        identification will be made;
                    (C) a description of any major contracts planned, 
                with a value equal to or exceeding $10,000, for 
                equipment and services, leases, improvements, purchases 
                of real property, or insurance; and
                    (D) a timetable for commencing operations as a 
                public charter school.
            (7) A description of the proposed rules and policies for 
        governance and operation of the proposed school.
            (8) Copies of the proposed articles of incorporation and 
        bylaws of the proposed school.
            (9) The names and addresses of the members of the proposed 
        Board of Trustees and the procedures for selecting trustees.
            (10) A description of the student enrollment, admission, 
        suspension, expulsion, and other disciplinary policies and 
        procedures of the proposed school, and the criteria for making 
        decisions in such areas.
            (11) A description of the procedures the proposed school 
        plans to follow to ensure the health and safety of students, 
        employees, and guests of the school and to comply with 
        applicable health and safety laws, and all applicable civil 
        rights statutes and regulations of the Federal Government and 
        the District of Columbia.
            (12) An explanation of the qualifications that will be 
        required of employees of the proposed school.
            (13) An identification, and a description, of the 
        individuals and entities submitting the petition, including 
        their names and addresses, and the names of the organizations 
        or corporations of which such individuals are directors or 
        officers.
            (14) A description of how parents, teachers, and other 
        members of the community have been involved in the design and 
        will continue to be involved in the implementation of the 
        proposed school.
            (15) A description of how parents and teachers will be 
        provided an orientation and other training to ensure their 
        effective participation in the operation of the public charter 
        school.
            (16) An assurance the proposed school will seek, obtain, 
        and maintain accreditation from at least one of the following:
                    (A) The Middle States Association of Colleges and 
                Schools.
                    (B) The Association of Independent Maryland 
                Schools.
                    (C) The Southern Association of Colleges and 
                Schools.
                    (D) The Virginia Association of Independent 
                Schools.
                    (E) American Montessori Internationale.
                    (F) The American Montessori Society.
                    (G) The National Academy of Early Childhood 
                Programs.
                    (H) Any other accrediting body deemed appropriate 
                by the eligible chartering authority that granted the 
                charter to the school.
            (17) In the case that the proposed school's educational 
        program includes preschool or prekindergarten, an assurance the 
        proposed school will be licensed as a child development center 
        by the District of Columbia Government not later than the first 
        date on which such program commences.
            (18) An explanation of the relationship that will exist 
        between the public charter school and the school's employees.
            (19) A statement of whether the proposed school elects to 
        be treated as a local educational agency or a District of 
        Columbia public school for purposes of part B of the 
        Individuals With Disabilities Education Act (20 U.S.C. 1411 et 
        seq.) and section 504 of the Rehabilitation Act of 1973 (20 
        U.S.C. 794), and notwithstanding any other provision of law the 
        eligible chartering authority shall not have the authority to 
        approve or disapprove such election.

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

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

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

    (a) Duties.--A public charter school shall comply with all of the 
terms and provisions of its charter.
    (b) Powers.--A public charter school shall have the following 
powers:
            (1) To adopt a name and corporate seal, but only if the 
        name selected includes the words ``public charter school''.
            (2) To acquire real property for use as the public charter 
        school's facilities, from public or private sources.
            (3) To receive and disburse funds for public charter school 
        purposes.
            (4) Subject to subsection (c)(1), to secure appropriate 
        insurance and to make contracts and leases, including 
        agreements to procure or purchase services, equipment, and 
        supplies.
            (5) To incur debt in reasonable anticipation of the receipt 
        of funds from the general fund of the District of Columbia or 
        the receipt of Federal or private funds.
            (6) To solicit and accept any grants or gifts for public 
        charter school purposes, if the public charter school--
                    (A) does not accept any grants or gifts subject to 
                any condition contrary to law or contrary to its 
                charter; and
                    (B) maintains for financial reporting purposes 
                separate accounts for grants or gifts.
            (7) To be responsible for the public charter school's 
        operation, including preparation of a budget and personnel 
        matters.
            (8) To sue and be sued in the public charter school's own 
        name.
    (c) Prohibitions and Other Requirements.--
            (1) Contracting authority.--
                    (A) Notice requirement.--Except in the case of an 
                emergency (as determined by the eligible chartering 
                authority of a public charter school), with respect to 
                any contract proposed to be awarded by the public 
                charter school and having a value equal to or exceeding 
                $10,000, the school shall publish a notice of a request 
                for proposals in the District of Columbia Register and 
                newspapers of general circulation not less than 30 days 
                prior to the award of the contract.
                    (B) Submission to the authority.--
                            (i) Deadline for submission.--With respect 
                        to any contract described in subparagraph (A) 
                        that is awarded by a public charter school, the 
                        school shall submit to the Authority, not later 
                        than 3 days after the date on which the award 
                        is made, all bids for the contract received by 
                        the school, the name of the contractor who is 
                        awarded the contract, and the rationale for the 
                        award of the contract.
                            (ii) Effective date of contract.--
                                    (I) In general.--Subject to 
                                subclause (II), a contract described in 
                                subparagraph (A) shall become effective 
                                on the date that is 15 days after the 
                                date the school makes the submission 
                                under clause (i) with respect to the 
                                contract, or the effective date 
                                specified in the contract, whichever is 
                                later.
                                    (II) Exception.--A contract 
                                described in subparagraph (A) shall be 
                                considered null and void if the 
                                Authority determines, within 12 days of 
                                the date the school makes the 
                                submission under clause (i) with 
                                respect to the contract, that the 
                                contract endangers the economic 
                                viability of the public charter school.
            (2) Tuition.--A public charter school may not charge 
        tuition, fees, or other mandatory payments, except to 
        nonresident students, or for field trips or similar activities.
            (3) Control.--A public charter school--
                    (A) shall exercise exclusive control over its 
                expenditures, administration, personnel, and 
                instructional methods, within the limitations imposed 
                in this subtitle; and
                    (B) shall be exempt from District of Columbia 
                statutes, policies, rules, and regulations established 
                for the District of Columbia public schools by the 
                Superintendent, Board of Education, Mayor, District of 
                Columbia Council, or Authority, except as otherwise 
                provided in the school's charter or this subtitle.
            (4) Health and safety.--A public charter school shall 
        maintain the health and safety of all students attending such 
        school.
            (5) Civil rights and idea.--The Age Discrimination Act of 
        1975 (42 U.S.C. 6101 et seq.), title VI of the Civil Rights Act 
        of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education 
        Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the 
        Rehabilitation Act of 1973 (29 U.S.C. 794), part B of the 
        Individuals with Disabilities Education Act (20 U.S.C. 1411 et 
        seq.), and the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12101 et seq.), shall apply to a public charter school.
            (6) Governance.--A public charter school shall be governed 
        by a Board of Trustees in a manner consistent with the charter 
        granted to the school and the provisions of this subtitle.
            (7) Other staff.--No employee of the District of Columbia 
        public schools may be required to accept employment with, or be 
        assigned to, a public charter school.
            (8) Other students.--No student enrolled in a District of 
        Columbia public school may be required to attend a public 
        charter school.
            (9) Taxes or bonds.--A public charter school shall not levy 
        taxes or issue bonds.
            (10) Charter revision.--A public charter school seeking to 
        revise its charter shall prepare a petition for approval of the 
        revision and file the petition with the eligible chartering 
        authority that granted the charter. The provisions of section 
        2203 shall apply to such a petition in the same manner as such 
        provisions apply to a petition to establish a public charter 
        school.
            (11) Annual report.--
                    (A) In general.--A public charter school shall 
                submit an annual report to the eligible chartering 
                authority that approved its charter and to the 
                Consensus Commission. The school shall permit a member 
                of the public to review any such report upon request.
                    (B) Contents.--A report submitted under 
                subparagraph (A) shall include the following data:
                            (i) A report on the extent to which the 
                        school is meeting its mission and goals as 
                        stated in the petition for the charter school.
                            (ii) Student performance on any 
                        districtwide assessments.
                            (iii) Grade advancement for students 
                        enrolled in the public charter school.
                            (iv) Graduation rates, college admission 
                        test scores, and college admission rates, if 
                        applicable.
                            (v) Types and amounts of parental 
                        involvement.
                            (vi) Official student enrollment.
                            (vii) Average daily attendance.
                            (viii) Average daily membership.
                            (ix) A financial statement audited by an 
                        independent certified public accountant in 
                        accordance with Government auditing standards 
                        for financial audits issued by the Comptroller 
                        General of the United States.
                            (x) A report on school staff indicating the 
                        qualifications and responsibilities of such 
                        staff.
                            (xi) A list of all donors and grantors that 
                        have contributed monetary or in-kind donations 
                        having a value equal to or exceeding $500 
                        during the year that is the subject of the 
                        report.
                    (C) Nonidentifying data.--Data described in clauses 
                (i) through (ix) of subparagraph (B) that are included 
                in an annual report shall not identify the individuals 
                to whom the data pertain.
            (12) Census.--A public charter school shall provide to the 
        Board of Education student enrollment data necessary for the 
        Board of Education to comply with section 3 of article II of 
        the Act of February 4, 1925 (D.C. Code, sec. 31-404) (relating 
        to census of minors).
            (13) Complaint resolution process.--A public charter school 
        shall establish an informal complaint resolution process.
            (14) Program of education.--A public charter school shall 
        provide a program of education which shall include one or more 
        of the following:
                    (A) Preschool.
                    (B) Prekindergarten.
                    (C) Any grade or grades from kindergarten through 
                grade 12.
                    (D) Residential education.
                    (E) Adult, community, continuing, and vocational 
                education programs.
            (15) Nonsectarian nature of schools.--A public charter 
        school shall be nonsectarian and shall not be affiliated with a 
        sectarian school or religious institution.
            (16) Nonprofit status of school.--A public charter school 
        shall be organized under the District of Columbia Nonprofit 
        Corporation Act (D.C. Code, sec. 29-501 et seq.).
            (17) Immunity from civil liability.--
                    (A) In general.--A public charter school, and its 
                incorporators, Board of Trustees, officers, employees, 
                and volunteers, shall be immune from civil liability, 
                both personally and professionally, for any act or 
                omission within the scope of their official duties 
                unless the act or omission--
                            (i) constitutes gross negligence;
                            (ii) constitutes an intentional tort; or
                            (iii) is criminal in nature.
                    (B) Common law immunity preserved.--Subparagraph 
                (A) shall not be construed to abrogate any immunity 
                under common law of a person described in such 
                subparagraph.

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

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

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

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

SEC. 2207. EMPLOYEES.

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

SEC. 2208. REDUCED FARES FOR PUBLIC TRANSPORTATION.

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

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

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

SEC. 2210. APPLICATION OF LAW.

    (a) Elementary and Secondary Education Act of 1965.--
            (1) Treatment as local educational agency.--
                    (A) In general.--For any fiscal year, a public 
                charter school shall be considered to be a local 
                educational agency for purposes of part A of title I of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311 et seq.), and shall be eligible for 
                assistance under such part, if the fraction the 
                numerator of which is the number of low-income students 
                enrolled in the public charter school during the fiscal 
                year preceding the fiscal year for which the 
                determination is made and the denominator of which is 
                the total number of students enrolled in such public 
                charter school for such preceding year, is equal to or 
                greater than the lowest fraction determined for any 
                District of Columbia public school receiving assistance 
                under such part A where the numerator is the number of 
                low-income students enrolled in such public school for 
                such preceding year and the denominator is the total 
                number of students enrolled in such public school for 
                such preceding year.
                    (B) Definition.--For the purposes of this 
                subsection, the term ``low-income student'' means a 
                student from a low-income family determined according 
                to the measure adopted by the District of Columbia to 
                carry out the provisions of part A of title I of the 
                Elementary and Secondary Education Act of 1965 that is 
                consistent with the measures described in section 
                1113(a)(5) of such Act (20 U.S.C. 6313(a)(5)) for the 
                fiscal year for which the determination is made.
            (2) Allocation for fiscal years 1996 through 1998.--
                    (A) Public charter schools.--For fiscal years 1996 
                through 1998, each public charter school that is 
                eligible to receive assistance under part A of title I 
                of the Elementary and Secondary Education Act of 1965 
                shall receive a portion of the District of Columbia's 
                total allocation under such part which bears the same 
                ratio to such total allocation as the number described 
                in subparagraph (C) bears to the number described in 
                subparagraph (D).
                    (B) District of columbia public schools.--For 
                fiscal years 1996 through 1998, the District of 
                Columbia public schools shall receive a portion of the 
                District of Columbia's total allocation under part A of 
                title I of the Elementary and Secondary Education Act 
                of 1965 which bears the same ratio to such total 
                allocation as the total of the numbers described in 
                clauses (ii) and (iii) of subparagraph (D) bears to the 
                aggregate total described in subparagraph (D).
                    (C) Number of eligible students enrolled in the 
                public charter school.--The number described in this 
                subparagraph is the number of low-income students 
                enrolled in the public charter school during the fiscal 
                year preceding the fiscal year for which the 
                determination is made.
                    (D) Aggregate number of eligible students.--The 
                number described in this subparagraph is the aggregate 
                total of the following numbers:
                            (i) The number of low-income students who, 
                        during the fiscal year preceding the fiscal 
                        year for which the determination is made, were 
                        enrolled in a public charter school.
                            (ii) The number of low-income students who, 
                        during the fiscal year preceding the fiscal 
                        year for which the determination is made, were 
                        enrolled in a District of Columbia public 
                        school selected to provide services under part 
                        A of title I of the Elementary and Secondary 
                        Education Act of 1965.
                            (iii) The number of low-income students 
                        who, during the fiscal year preceding the 
                        fiscal year for which the determination is 
                        made--
                                    (I) were enrolled in a private or 
                                independent school; and
                                    (II) resided in an attendance area 
                                of a District of Columbia public school 
                                selected to provide services under part 
                                A of title I of the Elementary and 
                                Secondary Education Act of 1965.
            (3) Allocation for fiscal year 1999 and thereafter.--
                    (A) Calculation by secretary.--Notwithstanding 
                sections 1124(a)(2), 1124A(a)(4), and 1125(d) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6333(a)(2), 6334(a)(4), and 6335(d)), for fiscal 
                year 1999 and each fiscal year thereafter, the total 
                allocation under part A of title I of such Act for all 
                local educational agencies in the District of Columbia, 
                including public charter schools that are eligible to 
                receive assistance under such part, shall be calculated 
                by the Secretary of Education. In making such 
                calculation, such Secretary shall treat all such local 
                educational agencies as if such agencies were a single 
                local educational agency for the District of Columbia.
                    (B) Allocation.--
                            (i) Public charter schools.--For fiscal 
                        year 1999 and each fiscal year thereafter, each 
                        public charter school that is eligible to 
                        receive assistance under part A of title I of 
                        the Elementary and Secondary Education Act of 
                        1965 shall receive a portion of the total 
                        allocation calculated under subparagraph (A) 
                        which bears the same ratio to such total 
                        allocation as the number described in paragraph 
                        (2)(C) bears to the aggregate total described 
                        in paragraph (2)(D).
                            (ii) District of columbia public school.--
                        For fiscal year 1999 and each fiscal year 
                        thereafter, the District of Columbia public 
                        schools shall receive a portion of the total 
                        allocation calculated under subparagraph (A) 
                        which bears the same ratio to such total 
                        allocation as the total of the numbers 
                        described in clauses (ii) and (iii) of 
                        paragraph (2)(D) bears to the aggregate total 
                        described in paragraph (2)(D).
            (4) Use of esea funds.--The Board of Education may not 
        direct a public charter school in the school's use of funds 
        under part A of title I of the Elementary and Secondary 
        Education Act of 1965.
            (5) ESEA requirements.--Except as provided in paragraph 
        (6), a public charter school receiving funds under part A of 
        title I of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6301 et seq.) shall comply with all requirements 
        applicable to schools receiving such funds.
            (6) Inapplicability of certain esea provisions.--The 
        following provisions of the Elementary and Secondary Education 
        Act of 1965 shall not apply to a public charter school:
                    (A) Paragraphs (5) and (8) of section 1112(b) (20 
                U.S.C. 6312(b)).
                    (B) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), 
                (1)(F), (1)(H), and (3) of section 1112(c) (20 U.S.C. 
                6312(c)).
                    (C) Section 1113 (20 U.S.C. 6313).
                    (D) Section 1115A (20 U.S.C. 6316).
                    (E) Subsections (a), (b), and (c) of section 1116 
                (20 U.S.C. 6317).
                    (F) Subsections (d) and (e) of section 1118 (20 
                U.S.C. 6319).
                    (G) Section 1120 (20 U.S.C. 6321).
                    (H) Subsections (a) and (c) of section 1120A (20 
                U.S.C. 6322).
                    (I) Section 1126 (20 U.S.C. 6337).
    (b) Property and Sales Taxes.--A public charter school shall be 
exempt from District of Columbia property and sales taxes.
    (c) Education of Children With Disabilities.--Notwithstanding any 
other provision of this title, each public charter school shall elect 
to be treated as a local educational agency or a District of Columbia 
public school for the purpose of part B of the Individuals with 
Disabilities Education Act (20 U.S.C. 1411 et seq.) and section 504 of 
the Rehabilitation Act of 1973 (29 U.S.C. 794).

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

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

SEC. 2212. CHARTER RENEWAL.

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

SEC. 2213. CHARTER REVOCATION.

    (a) Charter or Law Violations.--An eligible chartering authority 
that has granted a charter to a public charter school may revoke the 
charter if the eligible chartering authority determines that the school 
has committed a violation of applicable laws or a material violation of 
the conditions, terms, standards, or procedures set forth in the 
charter, including violations relating to the education of children 
with disabilities.
    (b) Fiscal Mismanagement.--An eligible chartering authority that 
has granted a charter to a public charter school shall revoke the 
charter if the eligible chartering authority determines that the 
school--
            (1) has engaged in a pattern of nonadherence to generally 
        accepted accounting principles;
            (2) has engaged in a pattern of fiscal mismanagement; or
            (3) is no longer economically viable.
    (c) Procedures for Consideration of Revocation.--
            (1) Notice of right to hearing.--An eligible chartering 
        authority that is proposing to revoke a charter granted to a 
        public charter school shall provide to the Board of Trustees of 
        the school a written notice stating the reasons for the 
        proposed revocation. The notice shall inform the Board of 
        Trustees of the right of the Board of Trustees to an informal 
        hearing on the proposed revocation.
            (2) Request for hearing.--Not later than 15 days after the 
        date on which a Board of Trustees receives a notice under 
        paragraph (1), the Board of Trustees may request, in writing, 
        an informal hearing on the proposed revocation before the 
        eligible chartering authority.
            (3) Date and time of hearing.--
                    (A) Notice.--Upon receiving a timely written 
                request for a hearing under paragraph (2), an eligible 
                chartering authority shall set a date and time for the 
                hearing and shall provide reasonable notice of the date 
                and time, as well as the procedures to be followed at 
                the hearing, to the Board of Trustees.
                    (B) Deadline.--An informal hearing under this 
                subsection shall take place not later than 30 days 
                after an eligible chartering authority receives a 
                timely written request for the hearing under paragraph 
                (2).
            (4) Final decision.--
                    (A) Deadline.--An eligible chartering authority 
                shall render a final decision, in writing, on the 
                revocation of a charter--
                            (i) not later than 30 days after the date 
                        on which the eligible chartering authority 
                        provided the written notice of the right to a 
                        hearing, in the case of a proposed revocation 
                        with respect to which such a hearing is not 
                        held; and
                            (ii) not later than 30 days after the date 
                        on which the hearing is concluded, in the case 
                        of a proposed revocation with respect to which 
                        a hearing is held.
                    (B) Reasons for revocation.--An eligible chartering 
                authority that revokes a charter shall state in its 
                decision the reasons for the revocation.
            (5) Alternatives upon revocation.--If an eligible 
        chartering authority revokes a charter granted to a public 
        charter school, the Board of Education may manage the school 
        directly until alternative arrangements can be made for 
        students at the school.
            (6) Judicial review.--
                    (A) Availability of review.--A decision by an 
                eligible chartering authority to revoke a charter shall 
                be subject to judicial review by an appropriate court 
                of the District of Columbia.
                    (B) Standard of review.--A decision by an eligible 
                chartering authority to revoke a charter shall be 
                upheld unless the decision is arbitrary and capricious 
                or clearly erroneous.

SEC. 2214. PUBLIC CHARTER SCHOOL BOARD.

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

SEC. 2215. FEDERAL ENTITIES.

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

                         Subtitle C--Even Start

SEC. 2301. AMENDMENTS FOR EVEN START PROGRAMS.

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

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

    ``(a) District of Columbia Program Authorized.--
            ``(1) In general.--In addition to any grant for the 
        District of Columbia authorized under section 1202, the 
        Secretary shall provide grants, on a competitive basis, to 
        eligible entities to enable such entities to carry out Even 
        Start programs in the District of Columbia that build on the 
        findings of the National Evaluation of the Even Start Family 
        Literacy Program, such as providing intensive services in early 
        childhood education, parent training, and adult literacy or 
        adult education.
            ``(2) Number of grants.--The Secretary shall award--
                    ``(A) not more than 8 grants under this section for 
                fiscal year 1996;
                    ``(B) not more than 14 grants under this section 
                for fiscal year 1997;
                    ``(C) not more than 20 grants under this section 
                for each of the fiscal years 1998 and 1999; and
                    ``(D) not more than 20 grants under this section, 
                or such number as the Secretary determines appropriate 
                taking into account the results of evaluations 
                described in subsection (i), for fiscal year 2000.
    ``(b) Definition.--For the purpose of this section, the term 
`eligible entity' means a partnership composed of at least--
            ``(1) a District of Columbia public school;
            ``(2) the local educational agency in existence on 
        September 1, 1995 for the District of Columbia, any other 
        public organization, or an institution of higher education (as 
        defined in section 1201(a) of the Higher Education Act of 1965 
        (20 U.S.C. 1141(a))); and
            ``(3) a private nonprofit community-based organization.
    ``(c) Uses of Funds; Federal Share.--
            ``(1) Compliance.--Each eligible entity that receives funds 
        under this section shall comply with section 1204(a) and 
        1204(b)(3), relating to the use of such funds.
            ``(2) Federal share.--Each program funded under this 
        section is subject to the Federal share requirement of section 
        1204(b)(1), except that the Secretary may waive that 
        requirement, in whole or in part, for any eligible entity that 
        demonstrates to the Secretary's satisfaction that such entity 
        otherwise would not be able to participate in the program under 
        this section.
            ``(3) Minimum.--Except as provided in paragraph (4), each 
        eligible entity selected to receive a grant under this section 
        shall receive not more than $250,000 in any fiscal year, except 
        that the Secretary may increase such amount if the Secretary 
        determines that--
                    ``(A) such entity needs additional funds to be 
                effective; and
                    ``(B) the increase will not reduce the amount of 
                funds available to other eligible entities that receive 
                funds under this section.
            ``(4) Remaining funds.--If funds remain after payments are 
        made under paragraph (3) for any fiscal year, the Secretary 
        shall make such remaining funds available to each eligible 
        entity receiving a grant under this section for such year in an 
        amount that bears the same relation to such funds as the amount 
        each such entity received under this section bears to the 
        amount all such entities received under this section.
    ``(d) Program Elements.--Each program assisted under this section 
shall comply with the program elements described in section 1205, 
including intensive high quality instruction programs of early 
childhood education, parent training, and adult literacy or adult 
education.
    ``(e) Eligible Participants.--
            ``(1) In general.--Individuals eligible to participate in a 
        program under this section are--
                    ``(A) the parent or parents of a child described in 
                subparagraph (B), or any other adult who is 
                substantially involved in the day-to-day care of the 
                child, if such parent or adult--
                            ``(i) is eligible to participate in an 
                        adult education program under the Adult 
                        Education Act; or
                            ``(ii) is attending, or is eligible by age 
                        to attend, a District of Columbia public 
                        school; and
                    ``(B) any child, from birth through age 7, of an 
                individual described in subparagraph (A).
            ``(2) Eligibility requirements.--The eligibility factors 
        described in section 1206(b) shall apply to programs under this 
        section, except that for purposes of this section--
                    ``(A) the reference in paragraph (1) to subsection 
                (a) shall be read to refer to paragraph (1); and
                    ``(B) references in such section to this part shall 
                be read to refer to this section.
    ``(f) Applications.--Each eligible entity that wishes to receive a 
grant under this section shall submit an application to the Secretary 
at such time, in such manner, and containing such information as the 
Secretary may require.
    ``(g) Selection of Grantees.--In awarding grants under this 
section, the Secretary shall--
            ``(1) use the selection criteria described in subparagraphs 
        (A) through (F), and (H), of section 1208(a)(1); and
            ``(2) give priority to applications for programs that--
                    ``(A) target services to schools in which a 
                schoolwide program is being conducted under section 
                1114; or
                    ``(B) are located in areas designated as 
                empowerment zones or enterprise communities.
    ``(h) Duration of Programs.--The priority for subgrants described 
in section 1208(a)(2), and the progress requirement described in 
section 1208(b)(4), shall apply to grants made under this section, 
except that--
            ``(1) references in those sections to the State educational 
        agency and to subgrants shall be read to refer to the Secretary 
        and to grants under this section, respectively; and
            ``(2) notwithstanding section 1208(b), the Secretary shall 
        not provide continuation funding to a grant recipient under 
        this section if the Secretary determines, after affording the 
        recipient notice and an opportunity for a hearing, that the 
        recipient has not made substantial progress in accomplishing 
        the objectives of this section.
    ``(i) Technical Assistance and Evaluation.--
            ``(1) Technical assistance.--(A) The Secretary shall use 
        not more than 5 percent of the amounts authorized under section 
        1002(b)(2) for any fiscal year--
                    ``(i) to provide technical assistance to eligible 
                entities, including providing funds to one or more 
                District of Columbia nonprofit organizations to enable 
                such organizations to provide technical assistance to 
                eligible entities in the areas of community development 
                and coalition building; and
                    ``(ii) for the evaluation conducted pursuant to 
                paragraph (2).
            ``(B) The Secretary shall allocate 5 percent of the amounts 
        authorized under section 1002(b)(2) for any fiscal year to 
        enter into a contract with the National Center for Family 
        Literacy for the provision of technical assistance to eligible 
        entities.
            ``(2) Evaluation.--(A) The Secretary shall use funds 
        available under paragraph (1)(A)--
                    ``(i) to provide for independent evaluations of 
                programs under this section in order to determine the 
                effectiveness of such programs in providing high 
                quality family literacy services, including--
                            ``(I) intensive and high quality early 
                        childhood education;
                            ``(II) intensive and high quality services 
                        in adult literacy or adult education;
                            ``(III) intensive and high quality services 
                        in parent training;
                            ``(IV) coordination with related programs; 
                        and
                            ``(V) training of related personnel in 
                        appropriate skill areas; and
                    ``(ii) to determine if the grant amount provided to 
                eligible recipients to carry out such projects is 
                appropriate to accomplish the objectives of this 
                section.
            ``(B)(i) Such evaluation shall be conducted by individuals 
        not directly involved in the administration of a program 
        operated with funds provided under this section. Such 
        independent evaluators and the program administrators shall 
        jointly develop evaluation criteria which provide for 
        appropriate analysis of the factors listed in subparagraph (A).
            ``(ii) In order to determine a program's effectiveness, 
        each evaluation shall contain objective measures of such 
        effectiveness, and whenever feasible, shall contain the 
        specific views of program participants about such programs.
            ``(C) The Secretary shall prepare and submit to the 
        appropriate congressional committees a report regarding the 
        results of such evaluations not later than March 1, 1999. The 
        Secretary shall provide an interim report regarding the results 
        of such evaluations by March 1, 1998.''.

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

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

SEC. 2411. GRANT AUTHORIZED AND RECOMMENDATION REQUIRED.

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

SEC. 2412. CONSULTATION.

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

SEC. 2413. ADMINISTRATIVE PROVISIONS.

    The World Class Schools Task Force shall ensure public access to 
its proceedings (other than proceedings, or portions of proceedings, 
relating to internal personnel and management matters) that are 
relevant to its duties under this part and shall make available to the 
public, at reasonable cost, transcripts of such proceedings.

SEC. 2414. CONSULTANTS.

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

SEC. 2415. AUTHORIZATION OF APPROPRIATIONS.

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

                        PART 2--PROMOTION GATES

SEC. 2421. PROMOTION GATES.

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

 Subtitle E--Per Capita District of Columbia Public School and Public 
                         Charter School Funding

SEC. 2501. ANNUAL BUDGETS FOR SCHOOLS.

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

SEC. 2502. CALCULATION OF NUMBER OF STUDENTS.

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

SEC. 2503. PAYMENTS.

    (a) In General.--
            (1) Escrow for public charter schools.--Except as provided 
        in subsection (b), for any fiscal year, not later than 10 days 
        after the date of enactment of an Act making appropriations for 
        the District of Columbia for such fiscal year, the Mayor shall 
        place in escrow an amount equal to the aggregate of the amounts 
        determined under section 2501(b)(1)(B) for use only by District 
        of Columbia public charter schools.
            (2) Transfer of escrow funds.--
                    (A) Initial payment.--Not later than October 15, 
                1996, and not later than October 15 of each year 
                thereafter, the Mayor shall transfer, by electronic 
                funds transfer, an amount equal to 75 percent of the 
                amount of the annual payment for each public charter 
                school determined by using the formula established 
                pursuant to section 2501(b) to a bank designated by 
                such school.
                    (B) Final payment.--
                            (i) Except as provided in clause (ii), not 
                        later than May 1, 1997, and not later than May 
                        1 of each year thereafter, the Mayor shall 
                        transfer the remainder of the annual payment 
                        for a public charter school in the same manner 
                        as the initial payment was made under 
                        subparagraph (A).
                            (ii) Not later than March 15, 1997, and not 
                        later than March 15 of each year thereafter, if 
                        the enrollment number of a public charter 
                        school has changed from the number reported to 
                        the Mayor and the Board of Education, as 
                        required under section 2502(a), the Mayor shall 
                        increase the payment in an amount equal to 50 
                        percent of the amount provided for each student 
                        who has enrolled in such school in excess of 
                        such enrollment number, or shall reduce the 
                        payment in an amount equal to 50 percent of the 
                        amount provided for each student who has 
                        withdrawn or dropped out of such school below 
                        such enrollment number.
                    (C) Pro rata reduction or increase in payments.--
                            (i) Pro rata reduction.--If the funds made 
                        available to the District of Columbia 
                        Government for the District of Columbia public 
                        school system and each public charter school 
                        for any fiscal year are insufficient to pay the 
                        full amount that such system and each public 
                        charter school is eligible to receive under 
                        this subtitle for such year, the Mayor shall 
                        ratably reduce such amounts for such year on 
                        the basis of the formula described in section 
                        2501(b).
                            (ii) Increase.--If additional funds become 
                        available for making payments under this 
                        subtitle for such fiscal year, amounts that 
                        were reduced under subparagraph (A) shall be 
                        increased on the same basis as such amounts 
                        were reduced.
                    (D) Unexpended funds.--Any funds that remain in the 
                escrow account for public charter schools on September 
                30 of a fiscal year shall revert to the general fund of 
                the District of Columbia.
    (b) Exception for New Schools.--
            (1) Authorization.--There are authorized to be appropriated 
        $200,000 for each fiscal year to carry out this subsection.
            (2) Disbursement to mayor.--The Secretary of the Treasury 
        shall make available and disburse to the Mayor, not later than 
        August 1 of each of the fiscal years 1996 through 2000, such 
        funds as have been appropriated under paragraph (1).
            (3) Escrow.--The Mayor shall place in escrow, for use by 
        public charter schools, any sum disbursed under paragraph (2) 
        and not paid under paragraph (4).
            (4) Payments to schools.--The Mayor shall pay to public 
        charter schools described in paragraph (5), in accordance with 
        this subsection, any sum disbursed under paragraph (2).
            (5) Schools described.--The schools referred to in 
        paragraph (4) are public charter schools that--
                    (A) did not operate as public charter schools 
                during any portion of the fiscal year preceding the 
                fiscal year for which funds are authorized to be 
                appropriated under paragraph (1); and
                    (B) operated as public charter schools during the 
                fiscal year for which funds are authorized to be 
                appropriated under paragraph (1).
            (6) Formula.--
                    (A) 1996.--The amount of the payment to a public 
                charter school described in paragraph (5) that begins 
                operation in fiscal year 1996 shall be calculated by 
                multiplying $6,300 by \1/12\ of the total anticipated 
                enrollment as set forth in the petition to establish 
                the public charter school; and
                    (B) 1997 through 2000.--The amount of the payment 
                to a public charter school described in paragraph (5) 
                that begins operation in any of fiscal years 1997 
                through 2000 shall be calculated by multiplying the 
                uniform dollar amount used in the formula established 
                under section 2501(b) by \1/12\ of the total 
                anticipated enrollment as set forth in the petition to 
                establish the public charter school.
            (7) Payment to schools.--
                    (A) Transfer.--On September 1 of each of the years 
                1996 through 2000, the Mayor shall transfer, by 
                electronic funds transfer, the amount determined under 
                paragraph (6) for each public charter school from the 
                escrow account established under subsection (a) to a 
                bank designated by each such school.
                    (B) Pro rata and remaining funds.--Subparagraphs 
                (C) and (D) of subsection (a)(2) shall apply to 
                payments made under this subsection, except that for 
                purposes of this subparagraph references to District of 
                Columbia public schools in such subparagraphs (C) and 
                (D) shall be read to refer to public charter schools.

          Subtitle F--School Facilities Repair and Improvement

SEC. 2550. DEFINITIONS.

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

                       PART 1--SCHOOL FACILITIES

SEC. 2551. TECHNICAL ASSISTANCE.

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

SEC. 2552. FACILITIES REVITALIZATION PROGRAM.

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

SEC. 2553. AUTHORIZATION OF APPROPRIATIONS FOR ENGINEERING PLANS.

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

                            PART 2--WAIVERS

SEC. 2561. WAIVERS.

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

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

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

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

                     Subtitle G--Residential School

SEC. 2601. RESIDENTIAL SCHOOL AUTHORIZED.

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

SEC. 2602. USE OF FUNDS.

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

SEC. 2603. FUTURE FUNDING.

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

SEC. 2604. GIFTS.

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

SEC. 2605. AUTHORIZATION OF APPROPRIATIONS.

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

            Subtitle H--Progress Reports and Accountability

SEC. 2651. SUPERINTENDENT'S REPORT ON REFORMS.

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

SEC. 2652. DISTRICT OF COLUMBIA COUNCIL REPORT.

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

                 Subtitle I--Partnerships With Business

SEC. 2701. PURPOSE.

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

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

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

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

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

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

    (a) District Education and Learning Technologies Advancement 
Council.--
            (1) Establishment.--The private, nonprofit corporation 
        shall establish a council to be known as the ``District 
        Education and Learning Technologies Advancement Council'' (in 
        this subtitle referred to as the ``council'').
            (2) Membership.--
                    (A) In general.--The private, nonprofit corporation 
                shall appoint members to the council. An individual 
                shall be appointed as a member to the council on the 
                basis of the commitment of the individual, or the 
                entity which the individual is representing, to 
                providing time, energy, and resources to the council.
                    (B) Compensation.--Members of the council shall 
                serve without compensation.
            (3) Duties.--The council--
                    (A) shall advise the private, nonprofit corporation 
                with respect to the duties of the corporation under 
                subsections (b) through (e) of this section; and
                    (B) shall assist the corporation in leveraging 
                private sector resources for the purpose of carrying 
                out such duties.
    (b) Access to State-of-the-Art Educational Technology.--
            (1) In general.--The private, nonprofit corporation, in 
        conjunction with the Superintendent, students, parents, and 
        teachers, shall establish and implement strategies to ensure 
        access to state-of-the-art educational technology within the 
        District of Columbia public schools and public charter schools.
            (2) Electronic data transfer system.--The private, 
        nonprofit corporation shall assist the Superintendent in 
        acquiring the necessary equipment, including computer hardware 
        and software, to establish an electronic data transfer system. 
        The private, nonprofit corporation shall also assist in 
        arranging for training of District of Columbia public school 
        employees in using such equipment.
            (3) Technology assessment.--
                    (A) In general.--In establishing and implementing 
                the strategies under paragraph (1), the private, 
                nonprofit corporation, not later than September 1, 
                1996, shall provide for an assessment of the 
                availability, on the date of enactment of this Act, of 
                state-of-the-art educational technology within the 
                District of Columbia public schools and public charter 
                schools.
                    (B) Conduct of assessment.--In providing for the 
                assessment under subparagraph (A), the private, 
                nonprofit corporation--
                            (i) shall provide for onsite inspections of 
                        the state-of-the-art educational technology 
                        within a minimum sampling of District of 
                        Columbia public schools and public charter 
                        schools; and
                            (ii) shall ensure proper input from 
                        students, parents, teachers, and other school 
                        officials through the use of focus groups and 
                        other appropriate mechanisms.
                    (C) Results of assessment.--The private, nonprofit 
                corporation shall ensure that the assessment carried 
                out under this paragraph provides, at a minimum, 
                necessary information on state-of-the-art educational 
                technology within the District of Columbia public 
                schools and public charter schools, including--
                            (i) the extent to which typical District of 
                        Columbia public schools have access to such 
                        state-of-the-art educational technology and 
                        training for such technology;
                            (ii) how such schools are using such 
                        technology;
                            (iii) the need for additional technology 
                        and the need for infrastructure for the 
                        implementation of such additional technology;
                            (iv) the need for computer hardware, 
                        software, training, and funding for such 
                        additional technology or infrastructure; and
                            (v) the potential for computer linkages 
                        among District of Columbia public schools and 
                        public charter schools.
            (4) Short-term technology plan.--
                    (A) In general.--Based upon the results of the 
                technology assessment under paragraph (3), the private, 
                nonprofit corporation shall develop a 3-year plan that 
                includes goals, priorities, and strategies for 
                obtaining the resources necessary to implement 
                strategies to ensure access to state-of-the-art 
                educational technology within the District of Columbia 
                public schools and public charter schools.
                    (B) Implementation.--The private, nonprofit 
                corporation, in conjunction with schools, students, 
                parents, and teachers, shall implement the plan 
                developed under subparagraph (A).
            (5) Long-term technology plan.--Prior to the completion of 
        the implementation of the short-term technology plan under 
        paragraph (4), the private, nonprofit corporation shall develop 
        a plan under which the corporation will continue to coordinate 
        the donation of private sector resources for maintaining the 
        continuous improvement and upgrading of state-of-the-art 
        educational technology within the District of Columbia public 
        schools and public charter schools.
    (c) District Employment and Learning Center.--
            (1) Establishment.--The private, nonprofit corporation 
        shall establish a center to be known as the ``District 
        Employment and Learning Center'' (in this subtitle referred to 
        as the ``center''), which shall serve as a regional institute 
        providing job training and employment assistance.
            (2) Duties.--
                    (A) Job training and employment assistance 
                program.--The center shall establish a program to 
                provide job training and employment assistance in the 
                District of Columbia and shall coordinate with career 
                preparation programs in existence on the date of 
                enactment of this Act, such as vocational education, 
                school-to-work, and career academies in the District of 
                Columbia public schools.
                    (B) Conduct of program.--In carrying out the 
                program established under subparagraph (A), the 
                center--
                            (i) shall provide job training and 
                        employment assistance to youths who have 
                        attained the age of 18 but have not attained 
                        the age of 26, who are residents of the 
                        District of Columbia, and who are in need of 
                        such job training and employment assistance for 
                        an appropriate period not to exceed 2 years;
                            (ii) shall work to establish partnerships 
                        and enter into agreements with appropriate 
                        agencies of the District of Columbia Government 
                        to serve individuals participating in 
                        appropriate Federal programs, including 
                        programs under the Job Training Partnership Act 
                        (29 U.S.C. 1501 et seq.), the Job Opportunities 
                        and Basic Skills Training Program under part F 
                        of title IV of the Social Security Act (42 
                        U.S.C. 681 et seq.), the Carl D. Perkins 
                        Vocational and Applied Technology Education Act 
                        (20 U.S.C. 2301 et seq.), and the School-to-
                        Work Opportunities Act of 1994 (20 U.S.C. 6101 
                        et seq.);
                            (iii) shall conduct such job training, as 
                        appropriate, through a consortium of colleges, 
                        universities, community colleges, businesses, 
                        and other appropriate providers, in the 
                        District of Columbia metropolitan area;
                            (iv) shall design modular training programs 
                        that allow students to enter and leave the 
                        training curricula depending on their 
                        opportunities for job assignments with 
                        employers; and
                            (v) shall utilize resources from businesses 
                        to enhance work-based learning opportunities 
                        and facilitate access by students to work-based 
                        learning and work experience through temporary 
                        work assignments with employers in the District 
                        of Columbia metropolitan area.
                    (C) Compensation.--The center may provide 
                compensation to youths participating in the program 
                under this paragraph for part-time work assigned in 
                conjunction with training. Such compensation may 
                include need-based payments and reimbursement of 
                expenses.
    (d) Workforce Preparation Initiatives.--
            (1) In general.--The private, nonprofit corporation shall 
        establish initiatives with the District of Columbia public 
        schools, and public charter schools, appropriate governmental 
        agencies, and businesses and other private entities, to 
        facilitate the integration of rigorous academic studies with 
        workforce preparation programs in District of Columbia public 
        schools and public charter schools.
            (2) Conduct of initiatives.--In carrying out the 
        initiatives under paragraph (1), the private, nonprofit 
        corporation shall, at a minimum, actively develop, expand, and 
        promote the following programs:
                    (A) Career academy programs in secondary schools, 
                as such programs are established in certain District of 
                Columbia public schools, which provide a school-within-
                a-school concept, focusing on career preparation and 
                the integration of the academy programs with vocational 
                and technical curriculum.
                    (B) Programs carried out in the District of 
                Columbia that are funded under the School-to-Work 
                Opportunities Act of 1994 (20 U.S.C. 6101 et seq.).
    (e) Professional Development Program for Teachers and 
Administrators.--
            (1) Establishment of program.--The private, nonprofit 
        corporation shall establish a consortium consisting of the 
        corporation, teachers, school administrators, and the 
        consortium of universities located in the District of Columbia 
        (in existence on the date of the enactment of this Act), for 
        the purpose of establishing a program for the professional 
        development of teachers and school administrators employed by 
        the District of Columbia public schools and public charter 
        schools.
            (2) Conduct of program.--In carrying out the program 
        established under paragraph (1), the consortium established 
        under such paragraph, in consultation with the task force 
        established under subtitle D and the Superintendent, at a 
        minimum, shall provide for the following:
                    (A) Professional development for teachers 
                consistent with the model professional development 
                programs for teachers under section 2411(b)(4), or 
                consistent with the core curriculum developed by the 
                Superintendent under section 2411(b)(2), as the case 
                may be, except that for fiscal year 1996, such 
                professional development shall focus on curriculum for 
                elementary school grades in reading and mathematics 
                that have been demonstrated to be effective for 
                students from low-income backgrounds.
                    (B) Professional development for principals, with a 
                special emphasis on middle school principals, focusing 
                on effective practices that reduce the number of 
                students who drop out of school.
                    (C) Private sector training of teachers in the use, 
                application, and operation of state-of-the-art 
                technology in education.
                    (D) Training for school principals and other school 
                administrators in effective private sector management 
                practices for the purpose of site-based management in 
                the District of Columbia public schools, and training 
                in the management of public charter schools established 
                in accordance with this title.

SEC. 2705. MATCHING FUNDS.

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

SEC. 2706. REPORT.

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

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

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

SEC. 2708. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

            Subtitle J--Management and Fiscal Accountability

SEC. 2751. MANAGEMENT SUPPORT SYSTEMS.

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

SEC. 2752. ANNUAL REPORTING REQUIREMENTS.

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

SEC. 2753. ANNUAL BUDGETS AND BUDGET REVISIONS.

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

SEC. 2754. ACCESS TO FISCAL AND STAFFING DATA.

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

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

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

SEC. 2756. TECHNICAL AMENDMENTS.

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

 Subtitle K--Personal Accountability and Preservation of School-Based 
                               Resources

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

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

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

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

SEC. 2803. PUBLIC SCHOOL EMPLOYEE EVALUATIONS.

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

SEC. 2804. PERSONAL AUTHORITY FOR PUBLIC SCHOOL EMPLOYEES.

    (a) In General.--Notwithstanding any other provision of law, rule, 
or regulation, an employee of a District of Columbia public school 
shall be--
            (1) classified as an educational service employee;
            (2) placed under the personnel authority of the Board of 
        Education; and
            (3) subject to all Board of Education rules.
    (b) School-Based Personnel.--School-based personnel shall 
constitute a separate competitive area from nonschool-based personnel 
who shall not compete with school-based personnel for retention 
purposes.

    Subtitle L--Establishment and Organization of the Commission on 
      Consensus Reform in the District of Columbia Public Schools

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

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

SEC. 2852. PRIMARY PURPOSE AND FINDINGS.

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

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

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

SEC. 2854. IMPROVING ORDER AND DISCIPLINE.

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

SEC. 2855. EDUCATIONAL PERFORMANCE AUDITS.

    (a) In General.--The Consensus Commission may examine and request 
the Inspector General of the District of Columbia or the Authority to 
audit the records of the Board of Education to ensure, monitor, and 
evaluate the performance of the Board of Education with respect to 
compliance with the long-term reform plan and such plan's overall 
educational achievement. The Consensus Commission shall conduct an 
annual review of the educational performance of the Board of Education 
with respect to meeting the goals of such plan for such year. The Board 
of Education shall cooperate and assist in the review or audit as 
requested by the Consensus Commission.
    (b) Audit.--The Consensus Commission may examine and request the 
Inspector General of the District of Columbia or the Authority to audit 
the records of any public charter school to assure, monitor, and 
evaluate the performance of the public charter school with respect to 
the content standards and districtwide assessments described in section 
2411(b). The Consensus Commission shall receive a copy of each public 
charter school's annual report.

SEC. 2856. INVESTIGATIVE POWERS.

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

SEC. 2857. RECOMMENDATIONS OF THE CONSENSUS COMMISSION.

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

SEC. 2858. EXPIRATION DATE.

    Except as otherwise provided in this subtitle, this subtitle shall 
be effective during the period beginning on the date of enactment of 
this Act and ending 7 years after such date.

      Subtitle M--Parent Attendance at Parent-Teacher Conferences

SEC. 2901. POLICY.

    Notwithstanding any other provision of law, the Mayor is authorized 
to develop and implement a policy encouraging all residents of the 
District of Columbia with children attending a District of Columbia 
public school to attend and participate in at least one parent-teacher 
conference every 90 days during the academic year.
    (c) Such amounts as may be necessary for programs, projects or 
activities provided for in the Department of the Interior and Related 
Agencies Appropriations Act, 1996 at a rate of operations and to the 
extent and in the manner provided as follows, to be effective as if it 
had been enacted into law as the regular appropriations Act:

                                 AN ACT

    Making appropriations for the Department of the Interior and 
related agencies for the fiscal year ending September 30, 1996, and for 
other purposes.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

    For expenses necessary for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, 
in the management of lands and their resources under the jurisdiction 
of the Bureau of Land Management, including the general administration 
of the Bureau, and assessment of mineral potential of public lands 
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $567,753,000, to 
remain available until expended, of which $2,000,000 shall be available 
for assessment of the mineral potential of public lands in Alaska 
pursuant to section 1010 of Public Law 96-487 (16 U.S.C. 3150), and of 
which $4,000,000 shall be derived from the special receipt account 
established by section 4 of the Land and Water Conservation Fund Act of 
1965, as amended (16 U.S.C. 460l-6a(i)): Provided, That appropriations 
herein made shall not be available for the destruction of healthy, 
unadopted, wild horses and burros in the care of the Bureau or its 
contractors; and in addition, $27,650,000 for Mining Law Administration 
program operations, to remain available until expended, to be reduced 
by amounts collected by the Bureau of Land Management and credited to 
this appropriation from annual mining claim fees so as to result in a 
final appropriation estimated at not more than $567,753,000: Provided 
further, That in addition to funds otherwise available, and to remain 
available until expended, not to exceed $5,000,000 from annual mining 
claim fees shall be credited to this account for the costs of 
administering the mining claim fee program, and $2,000,000 from 
communication site rental fees established by the Bureau.

                        wildland fire management

    For necessary expenses for fire use and management, fire 
preparedness, emergency presuppression, suppression operations, 
emergency rehabilitation, and renovation or construction of fire 
facilities in the Department of the Interior, $235,924,000, to remain 
available until expended, of which not to exceed $5,025,000, shall be 
available for the renovation or construction of fire facilities: 
Provided, That notwithstanding any other provision of law, persons 
hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and 
lodging without cost from funds available from this appropriation: 
Provided further, That such funds are also available for repayment of 
advances to other appropriation accounts from which funds were 
previously transferred for such purposes: Provided further, That 
unobligated balances of amounts previously appropriated to the Fire 
Protection and Emergency Department of the Interior Firefighting Fund 
may be transferred or merged with this appropriation.

                    central hazardous materials fund

    For expenses necessary for use by the Department of the Interior 
and any of its component offices and bureaus for the remedial action, 
including associated activities, of hazardous waste substances, 
pollutants, or contaminants pursuant to the Comprehensive Environmental 
Response, Compensation and Liability Act, as amended (42 U.S.C. 9601 et 
seq.), $10,000,000, to remain available until expended: Provided, That, 
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party 
in advance of or as reimbursement for remedial action or response 
activities conducted by the Department pursuant to sections 107 or 
113(f) of the Comprehensive Environmental Response, Compensation and 
Liability Act, as amended (42 U.S.C. 9607 or 9613(f)), shall be 
credited to this account and shall be available without further 
appropriation and shall remain available until expended: Provided 
further, That such sums recovered from or paid by any party are not 
limited to monetary payments and may include stocks, bonds or other 
personal or real property, which may be retained, liquidated, or 
otherwise disposed of by the Secretary of the Interior and which shall 
be credited to this account.

                        construction and access

    For acquisition of lands and interests therein, and construction of 
buildings, recreation facilities, roads, trails, and appurtenant 
facilities, $3,115,000, to remain available until expended.

                       payments in lieu of taxes

    For expenses necessary to implement the Act of October 20, 1976, as 
amended (31 U.S.C. 6901-07), $101,500,000, of which not to exceed 
$400,000 shall be available for administrative expenses.

                            land acquisition

    For expenses necessary to carry out the provisions of sections 205, 
206, and 318(d) of Public Law 94-579 including administrative expenses 
and acquisition of lands or waters, or interests therein, $12,800,000 
to be derived from the Land and Water Conservation Fund, to remain 
available until expended.

                   oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein including 
existing connecting roads on or adjacent to such grant lands; 
$97,452,000, to remain available until expended: Provided, That 25 per 
centum of the aggregate of all receipts during the current fiscal year 
from the revested Oregon and California Railroad grant lands is hereby 
made a charge against the Oregon and California land-grant fund and 
shall be transferred to the General Fund in the Treasury in accordance 
with the provisions of the second paragraph of subsection (b) of title 
II of the Act of August 28, 1937 (50 Stat. 876).

                           range improvements

    For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 per 
centum of all moneys received during the prior fiscal year under 
sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and 
the amount designated for range improvements from grazing fees and 
mineral leasing receipts from Bankhead-Jones lands transferred to the 
Department of the Interior pursuant to law, but not less than 
$9,113,000, to remain available until expended: Provided, That not to 
exceed $600,000 shall be available for administrative expenses.

               service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be 
collected under sections 209(b), 304(a), 304(b), 305(a), and 504(g) of 
the Act approved October 21, 1976 (43 U.S.C. 1701), and sections 101 
and 203 of Public Law 93-153, to be immediately available until 
expended: Provided, That notwithstanding any provision to the contrary 
of section 305(a) of the Act of October 21, 1976 (43 U.S.C. 1735(a)), 
any moneys that have been or will be received pursuant to that section, 
whether as a result of forfeiture, compromise, or settlement, if not 
appropriate for refund pursuant to section 305(c) of that Act (43 
U.S.C. 1735(c)), shall be available and may be expended under the 
authority of this or subsequent appropriations Acts by the Secretary to 
improve, protect, or rehabilitate any public lands administered through 
the Bureau of Land Management which have been damaged by the action of 
a resource developer, purchaser, permittee, or any unauthorized person, 
without regard to whether all moneys collected from each such 
forfeiture, compromise, or settlement are used on the exact lands 
damage to which led to the forfeiture, compromise, or settlement: 
Provided further, That such moneys are in excess of amounts needed to 
repair damage to the exact land for which collected.

                       miscellaneous trust funds

    In addition to amounts authorized to be expended under existing 
law, there is hereby appropriated such amounts as may be contributed 
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and 
such amounts as may be advanced for administrative costs, surveys, 
appraisals, and costs of making conveyances of omitted lands under 
section 211(b) of that Act, to remain available until expended.

                       administrative provisions

    Appropriations for the Bureau of Land Management shall be available 
for purchase, erection, and dismantlement of temporary structures, and 
alteration and maintenance of necessary buildings and appurtenant 
facilities to which the United States has title; up to $100,000 for 
payments, at the discretion of the Secretary, for information or 
evidence concerning violations of laws administered by the Bureau of 
Land Management; miscellaneous and emergency expenses of enforcement 
activities authorized or approved by the Secretary and to be accounted 
for solely on his certificate, not to exceed $10,000: Provided, That 
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure 
printing services from cooperators in connection with jointly-produced 
publications for which the cooperators share the cost of printing 
either in cash or in services, and the Bureau determines the cooperator 
is capable of meeting accepted quality standards.

                United States Fish and Wildlife Service

                          resource management

    For expenses necessary for scientific and economic studies, 
conservation, management, investigations, protection, and utilization 
of fishery and wildlife resources, except whales, seals, and sea lions, 
and for the performance of other authorized functions related to such 
resources; for the general administration of the United States Fish and 
Wildlife Service; and for maintenance of the herd of long-horned cattle 
on the Wichita Mountains Wildlife Refuge; and not less than $1,000,000 
for high priority projects within the scope of the approved budget 
which shall be carried out by the Youth Conservation Corps as 
authorized by the Act of August 13, 1970, as amended by Public Law 93-
408, $499,100,000, to remain available for obligation until September 
30, 1997, of which $2,000,000 shall be available for activities under 
section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533), of 
which $11,557,000 shall be available until expended for operation and 
maintenance of fishery mitigation facilities constructed by the Corps 
of Engineers under the Lower Snake River Compensation Plan, authorized 
by the Water Resources Development Act of 1976 (90 Stat. 2921), to 
compensate for loss of fishery resources from water development 
projects on the Lower Snake River: Provided, That unobligated and 
unexpended balances in the Resource Management account at the end of 
fiscal year 1995, shall be merged with and made a part of the fiscal 
year 1996 Resource Management appropriation, and shall remain available 
for obligation until September 30, 1997: Provided further, That no 
monies appropriated under this Act or any other law shall be used by 
the Secretary of the Interior to issue final determinations under 
subsections (a), (b), (c), (e), (g) or (i) of section 4 of the 
Endangered Species Act of 1973 (16 U.S.C. 1533), until such time as 
legislation reauthorizing the Act is enacted or until the end of fiscal 
year 1996, whichever is earlier, except that monies appropriated under 
this Act may be used to delist or reclassify species pursuant to 
subsections 4(a)(2)(B), 4(c)(2)(B)(i), and 4(c)(2)(B)(ii) of the 
Endangered Species Act, and may be used to issue emergency listings 
under section 4(b)(7) of the Endangered Species Act.

                              construction

    For construction and acquisition of buildings and other facilities 
required in the conservation, management, investigation, protection, 
and utilization of fishery and wildlife resources, and the acquisition 
of lands and interests therein; $37,655,000, to remain available until 
expended.

                natural resource damage assessment fund

    To conduct natural resource damage assessment activities by the 
Department of the Interior necessary to carry out the provisions of the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
as amended (42 U.S.C. 9601, et seq.), Federal Water Pollution Control 
Act, as amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act of 
1990 (Public Law 101-380), and the Act of July 27, 1990 (Public Law 
101-337); $4,000,000, to remain available until expended: Provided, 
That sums provided by any party in fiscal year 1996 and thereafter are 
not limited to monetary payments and may include stocks, bonds or other 
personal or real property, which may be retained, liquidated or 
otherwise disposed of by the Secretary and such sums or properties 
shall be utilized for the restoration of injured resources, and to 
conduct new damage assessment activities.

                            land acquisition

    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), 
including administrative expenses, and for acquisition of land or 
waters, or interest therein, in accordance with statutory authority 
applicable to the United States Fish and Wildlife Service, $36,900,000, 
to be derived from the Land and Water Conservation Fund, to remain 
available until expended.

            cooperative endangered species conservation fund

    For expenses necessary to carry out the provisions of the 
Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as amended by 
Public Law 100-478, $8,085,000 for grants to States, to be derived from 
the Cooperative Endangered Species Conservation Fund, and to remain 
available until expended.

                     national wildlife refuge fund

    For expenses necessary to implement the Act of October 17, 1978 (16 
U.S.C. 715s), $10,779,000.

                         rewards and operations

    For expenses necessary to carry out the provisions of the African 
Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 
4241-4245, and 1538), $600,000, to remain available until expended.

               north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, Public Law 101-233, $6,750,000, to 
remain available until expended.

        lahontan valley and pyramid lake fish and wildlife fund

    For carrying out section 206(f) of Public Law 101-618, such sums as 
have previously been credited or may be credited hereafter to the 
Lahontan Valley and Pyramid Lake Fish and Wildlife Fund, to be 
available until expended without further appropriation.

                 rhinoceros and tiger conservation fund

    For deposit to the Rhinoceros and Tiger Conservation Fund, 
$200,000, to remain available until expended, to be available to carry 
out the provisions of the Rhinoceros and Tiger Conservation Act of 1994 
(Public Law 103-391).

              wildlife conservation and appreciation fund

    For deposit to the Wildlife Conservation and Appreciation Fund, 
$800,000, to remain available until expended.

                       administrative provisions

    Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed 113 
passenger motor vehicles; not to exceed $400,000 for payment, at the 
discretion of the Secretary, for information, rewards, or evidence 
concerning violations of laws administered by the United States Fish 
and Wildlife Service, and miscellaneous and emergency expenses of 
enforcement activities, authorized or approved by the Secretary and to 
be accounted for solely on his certificate; repair of damage to public 
roads within and adjacent to reservation areas caused by operations of 
the United States Fish and Wildlife Service; options for the purchase 
of land at not to exceed $1 for each option; facilities incident to 
such public recreational uses on conservation areas as are consistent 
with their primary purpose; and the maintenance and improvement of 
aquaria, buildings, and other facilities under the jurisdiction of the 
United States Fish and Wildlife Service and to which the United States 
has title, and which are utilized pursuant to law in connection with 
management and investigation of fish and wildlife resources: Provided, 
That notwithstanding 44 U.S.C. 501, the Service may, under cooperative 
cost sharing and partnership arrangements authorized by law, procure 
printing services from cooperators in connection with jointly-produced 
publications for which the cooperators share at least one-half the cost 
of printing either in cash or services and the Service determines the 
cooperator is capable of meeting accepted quality standards: Provided 
further, That the United States Fish and Wildlife Service may accept 
donated aircraft as replacements for existing aircraft: Provided 
further, That notwithstanding any other provision of law, the Secretary 
of the Interior may not spend any of the funds appropriated in this Act 
for the purchase of lands or interests in lands to be used in the 
establishment of any new unit of the National Wildlife Refuge System 
unless the purchase is approved in advance by the House and Senate 
Committees on Appropriations in compliance with the reprogramming 
procedures contained in House Report 103-551: Provided further, That 
none of the funds made available in this Act may be used by the U. S. 
Fish and Wildlife Service to impede or delay the issuance of a wetlands 
permit by the U. S. Army Corps of Engineers to the City of Lake 
Jackson, Texas, for the development of a public golf course west of 
Buffalo Camp Bayou between the Brazos River and Highway 332: Provided 
further, That the Director of the Fish and Wildlife Service may charge 
reasonable fees for expenses to the Federal Government for providing 
training by the National Education and Training Center: Provided 
further, That all training fees collected shall be available to the 
Director, until expended, without further appropriation, to be used for 
the costs of training and education provided by the National Education 
and Training Center: Provided further, That with respect to lands 
leased for farming pursuant to Public Law 88-567, if for any reason the 
Secretary disapproves for use in 1996 or does not finally approve for 
use in 1996 any pesticide or chemical which was approved for use in 
1995 or had been requested for use in 1996 by the submission of a 
pesticide use proposal as of September 19, 1995, none of the funds in 
this Act may be used to develop, implement, or enforce regulations or 
policies (including pesticide use proposals) related to the use of 
chemicals and pest management that are more restrictive than the 
requirements of applicable State and Federal laws related to the use of 
chemicals and pest management practices on non-Federal lands.

                         National Park Service

                 operation of the national park system

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service (including special road maintenance service to trucking 
permittees on a reimbursable basis), and for the general administration 
of the National Park Service, including not to exceed $1,593,000 for 
the Volunteers-in-Parks program, and not less than $1,000,000 for high 
priority projects within the scope of the approved budget which shall 
be carried out by the Youth Conservation Corps as authorized by the Act 
of August 13, 1970, as amended by Public Law 93-408, $1,084,755,000, 
without regard to the Act of August 24, 1912, as amended (16 U.S.C. 
451), of which not to exceed $72,000,000, to remain available until 
expended is to be derived from the special fee account established 
pursuant to title V, section 5201, of Public Law 100-203.

                  national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, environmental compliance and review, 
international park affairs, statutory or contractual aid for other 
activities, and grant administration, not otherwise provided for, 
$37,649,000: Provided, That $236,000 of the funds provided herein are 
for the William O. Douglas Outdoor Education Center, subject to 
authorization.

                       historic preservation fund

    For expenses necessary in carrying out the provisions of the 
Historic Preservation Act of 1966 (80 Stat. 915), as amended (16 U.S.C. 
470), $36,212,000, to be derived from the Historic Preservation Fund, 
established by section 108 of that Act, as amended, to remain available 
for obligation until September 30, 1997.

                              construction

    For construction, improvements, repair or replacement of physical 
facilities, $143,225,000, to remain available until expended: Provided, 
That not to exceed $4,500,000 of the funds provided herein shall be 
paid to the Army Corps of Engineers for modifications authorized by 
section 104 of the Everglades National Park Protection and Expansion 
Act of 1989: Provided further, That funds provided under this head, 
derived from the Historic Preservation Fund, established by the 
Historic Preservation Act of 1966 (80 Stat. 915), as amended (16 U.S.C. 
470), may be available until expended to render sites safe for visitors 
and for building stabilization.

                    land and water conservation fund

                              (rescission)

    The contract authority provided for fiscal year 1996 by 16 U.S.C. 
460l-10a is rescinded.

                 land acquisition and state assistance

    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), 
including administrative expenses, and for acquisition of lands or 
waters, or interest therein, in accordance with statutory authority 
applicable to the National Park Service, $49,100,000, to be derived 
from the Land and Water Conservation Fund, to remain available until 
expended, and of which $1,500,000 is to administer the State assistance 
program: Provided,  That any funds made available for the purpose of 
acquisition of the Elwha and Glines dams shall be used solely for 
acquisition, and shall not be expended until the full purchase amount 
has been appropriated by the Congress.

                       administrative provisions

    Appropriations for the National Park Service shall be available for 
the purchase of not to exceed 518 passenger motor vehicles, of which 
323 shall be for replacement only, including not to exceed 411 for 
police-type use, 12 buses, and 5 ambulances: Provided, That none of the 
funds appropriated to the National Park Service may be used to process 
any grant or contract documents which do not include the text of 18 
U.S.C. 1913: Provided further, That none of the funds appropriated to 
the National Park Service may be used to implement an agreement for the 
redevelopment of the southern end of Ellis Island until such agreement 
has been submitted to the Congress and shall not be implemented prior 
to the expiration of 30 calendar days (not including any day in which 
either House of Congress is not in session because of adjournment of 
more than three calendar days to a day certain) from the receipt by the 
Speaker of the House of Representatives and the President of the Senate 
of a full and comprehensive report on the development of the southern 
end of Ellis Island, including the facts and circumstances relied upon 
in support of the proposed project.
    None of the funds in this Act may be spent by the National Park 
Service for activities taken in direct response to the United Nations 
Biodiversity Convention.
    The National Park Service may enter into cooperative agreements 
that involve the transfer of National Park Service appropriated funds 
to State, local and tribal governments, other public entities, 
educational institutions, and private nonprofit organizations for the 
public purpose of carrying out National Park Service programs.
    The National Park Service shall, within existing funds, conduct a 
Feasibility Study for a northern access route into Denali National Park 
and Preserve in Alaska, to be completed within one year of the 
enactment of this Act and submitted to the House and Senate Committees 
on Appropriations and to the Senate Committee on Energy and Natural 
Resources and the House Committee on Resources. The Feasibility Study 
shall ensure that resource impacts from any plan to create such access 
route are evaluated with accurate information and according to a 
process that takes into consideration park values, visitor needs, a 
full range of alternatives, the viewpoints of all interested parties, 
including the tourism industry and the State of Alaska, and potential 
needs for compliance with the National Environmental Policy Act. The 
Study shall also address the time required for development of 
alternatives and identify all associated costs.
    This Feasibility Study shall be conducted solely by the National 
Park Service planning personnel permanently assigned to National Park 
Service offices located in the State of Alaska in consultation with the 
State of Alaska Department of Transportation.

                    United States Geological Survey

                 surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, and the mineral and water resources of the United 
States, its Territories and possessions, and other areas as authorized 
by law (43 U.S.C. 31, 1332 and 1340); classify lands as to their 
mineral and water resources; give engineering supervision to power 
permittees and Federal Energy Regulatory Commission licensees; 
administer the minerals exploration program (30 U.S.C. 641); and 
publish and disseminate data relative to the foregoing activities; and 
to conduct inquiries into the economic conditions affecting mining and 
materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 
98g(1)) and related purposes as authorized by law and to publish and 
disseminate data; $730,330,000, of which $62,130,000 shall be available 
for cooperation with States or municipalities for water resources 
investigations, and of which $137,000,000 for resource research and the 
operations of Cooperative Research Units shall remain available until 
September 30, 1997, and of which $16,000,000 shall remain available 
until expended for conducting inquiries into the economic conditions 
affecting mining and materials processing industries: Provided, That no 
part of this appropriation shall be used to pay more than one-half the 
cost of any topographic mapping or water resources investigations 
carried on in cooperation with any State or municipality: Provided 
further, That funds available herein for resource research may be used 
for the purchase of not to exceed 61 passenger motor vehicles, of which 
55 are for replacement only: Provided further, That none of the funds 
available under this head for resource research shall be used to 
conduct new surveys on private property, including new aerial surveys 
for the designation of habitat under the Endangered Species Act, except 
when it is made known to the Federal official having authority to 
obligate or expend such funds that the survey or research has been 
requested and authorized in writing by the property owner or the 
owner's authorized representative: Provided further, That none of the 
funds provided herein for resource research may be used to administer a 
volunteer program when it is made known to the Federal official having 
authority to obligate or expend such funds that the volunteers are not 
properly trained or that information gathered by the volunteers is not 
carefully verified: Provided further, That no later than April 1, 1996, 
the Director of the United States Geological Survey shall issue agency 
guidelines for resource research that ensure that scientific and 
technical peer review is utilized as fully as possible in selection of 
projects for funding and ensure the validity and reliability of 
research and data collection on Federal lands: Provided further, That 
no funds available for resource research may be used for any activity 
that was not authorized prior to the establishment of the National 
Biological Survey: Provided further, That once every five years the 
National Academy of Sciences shall review and report on the resource 
research activities of the Survey: Provided further, That if specific 
authorizing legislation is enacted during or before the start of fiscal 
year 1996, the resource research component of the Survey should comply 
with the provisions of that legislation: Provided further, That 
unobligated and unexpended balances in the National Biological Survey, 
Research, inventories and surveys account at the end of fiscal year 
1995, shall be merged with and made a part of the United States 
Geological Survey, Surveys, investigations, and research account and 
shall remain available for obligation until September 30, 1996: 
Provided further, That the authority granted to the United States 
Bureau of Mines to conduct mineral surveys and to determine mineral 
values by section 603 of Public Law 94-579 is hereby transferred to, 
and vested in, the Director of the United States Geological Survey.

                       administrative provisions

    The amount appropriated for the United States Geological Survey 
shall be available for purchase of not to exceed 22 passenger motor 
vehicles, for replacement only; reimbursement to the General Services 
Administration for security guard services; contracting for the 
furnishing of topographic maps and for the making of geophysical or 
other specialized surveys when it is administratively determined that 
such procedures are in the public interest; construction and 
maintenance of necessary buildings and appurtenant facilities; 
acquisition of lands for gauging stations and observation wells; 
expenses of the United States National Committee on Geology; and 
payment of compensation and expenses of persons on the rolls of the 
United States Geological Survey appointed, as authorized by law, to 
represent the United States in the negotiation and administration of 
interstate compacts: Provided, That activities funded by appropriations 
herein made may be accomplished through the use of contracts, grants, 
or cooperative agreements as defined in 31 U.S.C. 6302, et seq.

                      Minerals Management Service

                royalty and offshore minerals management

    For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of 
royalties, as authorized by law; for enforcing laws and regulations 
applicable to oil, gas, and other minerals leases, permits, licenses 
and operating contracts; and for matching grants or cooperative 
agreements; including the purchase of not to exceed eight passenger 
motor vehicles for replacement only; $182,771,000, of which not less 
than $70,105,000 shall be available for royalty management activities; 
and an amount not to exceed $15,400,000 for the Technical Information 
Management System and Related Activities of the Outer Continental Shelf 
(OCS) Lands Activity, to be credited to this appropriation and to 
remain available until expended, from additions to receipts resulting 
from increases to rates in effect on August 5, 1993, from rate 
increases to fee collections for OCS administrative activities 
performed by the Minerals Management Service over and above the rates 
in effect on September 30, 1993, and from additional fees for OCS 
administrative activities established after September 30, 1993: 
Provided, That beginning in fiscal year 1996 and thereafter, fees for 
royalty rate relief applications shall be established (and revised as 
needed) in Notices to Lessees, and shall be credited to this account in 
the program areas performing the function, and remain available until 
expended for the costs of administering the royalty rate relief 
authorized by 43 U.S.C. 1337(a)(3): Provided further, That $1,500,000 
for computer acquisitions shall remain available until September 30, 
1997: Provided further, That funds appropriated under this Act shall be 
available for the payment of interest in accordance with 30 U.S.C. 1721 
(b) and (d): Provided further, That not to exceed $3,000 shall be 
available for reasonable expenses related to promoting volunteer beach 
and marine cleanup activities: Provided further, That notwithstanding 
any other provision of law, $15,000 under this head shall be available 
for refunds of overpayments in connection with certain Indian leases in 
which the Director of the Minerals Management Service concurred with 
the claimed refund due, to pay amounts owed to Indian allottees or 
Tribes, or to correct prior unrecoverable erroneous payments: Provided 
further, That beginning in fiscal year 1996 and thereafter, the 
Secretary shall take appropriate action to collect unpaid and underpaid 
royalties and late payment interest owed by Federal and Indian mineral 
lessees and other royalty payors on amounts received in settlement or 
other resolution of disputes under, and for partial or complete 
termination of, sales agreements for minerals from Federal and Indian 
leases.

                           oil spill research

    For necessary expenses to carry out the purposes of title I, 
section 1016, title IV, sections 4202 and 4303, title VII, and title 
VIII, section 8201 of the Oil Pollution Act of 1990, $6,440,000, which 
shall be derived from the Oil Spill Liability Trust Fund, to remain 
available until expended.

                            Bureau of Mines

                           mines and minerals

    For expenses necessary for, and incidental to, the closure of the 
United States Bureau of Mines, $64,000,000, to remain available until 
expended, of which not to exceed $5,000,000 may be used for the 
completion and/or transfer of certain ongoing projects within the 
United States Bureau of Mines, such projects to be identified by the 
Secretary of the Interior within 90 days of enactment of this Act: 
Provided, That there hereby are transferred to, and vested in, the 
Secretary of Energy: (1) the functions pertaining to the promotion of 
health and safety in mines and the mineral industry through research 
vested by law in the Secretary of the Interior or the United States 
Bureau of Mines and performed in fiscal year 1995 by the United States 
Bureau of Mines at its Pittsburgh Research Center in Pennsylvania, and 
at its Spokane Research Center in Washington; (2) the functions 
pertaining to the conduct of inquiries, technological investigations 
and research concerning the extraction, processing, use and disposal of 
mineral substances vested by law in the Secretary of the Interior or 
the United States Bureau of Mines and performed in fiscal year 1995 by 
the United States Bureau of Mines under the minerals and materials 
science programs at its Pittsburgh Research Center in Pennsylvania, and 
at its Albany Research Center in Oregon; and (3) the functions 
pertaining to mineral reclamation industries and the development of 
methods for the disposal, control, prevention, and reclamation of 
mineral waste products vested by law in the Secretary of the Interior 
or the United States Bureau of Mines and performed in fiscal year 1995 
by the United States Bureau of Mines at its Pittsburgh Research Center 
in Pennsylvania: Provided further, That, if any of the same functions 
were performed in fiscal year 1995 at locations other than those listed 
above, such functions shall not be transferred to the Secretary of 
Energy from those other locations: Provided further, That the Director 
of the Office of Management and Budget, in consultation with the 
Secretary of Energy and the Secretary of the Interior, is authorized to 
make such determinations as may be necessary with regard to the 
transfer of functions which relate to or are used by the Department of 
the Interior, or component thereof affected by this transfer of 
functions, and to make such dispositions of personnel, facilities, 
assets, liabilities, contracts, property, records, and unexpended 
balances of appropriations, authorizations, allocations, and other 
funds held, used, arising from, available to or to be made available in 
connection with, the functions transferred herein as are deemed 
necessary to accomplish the purposes of this transfer: Provided 
further, That all reductions in personnel complements resulting from 
the provisions of this Act shall, as to the functions transferred to 
the Secretary of Energy, be done by the Secretary of the Interior as 
though these transfers had not taken place but had been required of the 
Department of the Interior by all other provisions of this Act before 
the transfers of function became effective: Provided further, That the 
transfers of function to the Secretary of Energy shall become effective 
on the date specified by the Director of the Office of Management and 
Budget, but in no event later than 90 days after enactment into law of 
this Act: Provided further, That the reference to ``function'' 
includes, but is not limited to, any duty, obligation, power, 
authority, responsibility, right, privilege, and activity, or the 
plural thereof, as the case may be.

                       administrative provisions

    The Secretary is authorized to accept lands, buildings, equipment, 
other contributions, and fees from public and private sources, and to 
prosecute projects using such contributions and fees in cooperation 
with other Federal, State or private agencies: Provided, That the 
Bureau of Mines is authorized, during the current fiscal year, to sell 
directly or through any Government agency, including corporations, any 
metal or mineral products that may be manufactured in pilot plants 
operated by the Bureau of Mines, and the proceeds of such sales shall 
be covered into the Treasury as miscellaneous receipts: Provided 
further, That notwithstanding any other provision of law, the Secretary 
is authorized to convey, without reimbursement, title and all interest 
of the United States in property and facilities of the United States 
Bureau of Mines in Juneau, Alaska, to the City and Borough of Juneau, 
Alaska; in Tuscaloosa, Alabama, to the University of Alabama; in Rolla, 
Missouri, to the University of Missouri-Rolla; and in other localities 
to such university or government entities as the Secretary deems 
appropriate.

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, as 
amended, including the purchase of not to exceed 15 passenger motor 
vehicles for replacement only; $95,470,000, and notwithstanding 31 
U.S.C. 3302, an additional amount shall be credited to this account, to 
remain available until expended, from performance bond forfeitures in 
fiscal year 1996: Provided, That notwithstanding any other provision of 
law, the Secretary of the Interior, pursuant to regulations, may 
utilize directly or through grants to States, moneys collected in 
fiscal year 1996 pursuant to the assessment of civil penalties under 
section 518 of the Surface Mining Control and Reclamation Act of 1977 
(30 U.S.C. 1268), to reclaim lands adversely affected by coal mining 
practices after August 3, 1977, to remain available until expended: 
Provided further, That notwithstanding any other provision of law, 
appropriations for the Office of Surface Mining Reclamation and 
Enforcement may provide for the travel and per diem expenses of State 
and tribal personnel attending Office of Surface Mining Reclamation and 
Enforcement sponsored training.

                    abandoned mine reclamation fund

    For necessary expenses to carry out the provisions of title IV of 
the Surface Mining Control and Reclamation Act of 1977, Public Law 95-
87, as amended, including the purchase of not more than 22 passenger 
motor vehicles for replacement only, $173,887,000, to be derived from 
receipts of the Abandoned Mine Reclamation Fund and to remain available 
until expended: Provided, That grants to minimum program States will be 
$1,500,000 per State in fiscal year 1996: Provided further, That of the 
funds herein provided up to $18,000,000 may be used for the emergency 
program authorized by section 410 of Public Law 95-87, as amended, of 
which no more than 25 per centum shall be used for emergency 
reclamation projects in any one State and funds for Federally-
administered emergency reclamation projects under this proviso shall 
not exceed $11,000,000: Provided further, That prior year unobligated 
funds appropriated for the emergency reclamation program shall not be 
subject to the 25 per centum limitation per State and may be used 
without fiscal year limitation for emergency projects: Provided 
further, That pursuant to Public Law 97-365, the Department of the 
Interior is authorized to utilize up to 20 per centum from the recovery 
of the delinquent debt owed to the United States Government to pay for 
contracts to collect these debts: Provided further, That funds made 
available to States under title IV of Public Law 95-87 may be used, at 
their discretion, for any required non-Federal share of the cost of 
projects funded by the Federal Government for the purpose of 
environmental restoration related to treatment or abatement of acid 
mine drainage from abandoned mines: Provided further, That such 
projects must be consistent with the purposes and priorities of the 
Surface Mining Control and Reclamation Act.

                        Bureau of Indian Affairs

                      operation of indian programs

    For operation of Indian programs by direct expenditure, contracts, 
cooperative agreements, compacts, and grants including expenses 
necessary to provide education and welfare services for Indians, either 
directly or in cooperation with States and other organizations, 
including payment of care, tuition, assistance, and other expenses of 
Indians in boarding homes, or institutions, or schools; grants and 
other assistance to needy Indians; maintenance of law and order; 
management, development, improvement, and protection of resources and 
appurtenant facilities under the jurisdiction of the Bureau of Indian 
Affairs, including payment of irrigation assessments and charges; 
acquisition of water rights; advances for Indian industrial and 
business enterprises; operation of Indian arts and crafts shops and 
museums; development of Indian arts and crafts, as authorized by law; 
for the general administration of the Bureau of Indian Affairs, 
including such expenses in field offices; maintaining of Indian 
reservation roads as defined in section 101 of title 23, United States 
Code; and construction, repair, and improvement of Indian housing, 
$1,384,434,000, of which not to exceed $100,255,000 shall be for 
welfare assistance grants and not to exceed $104,626,000 shall be for 
payments to tribes and tribal organizations for contract support costs 
associated with ongoing contracts or grants or compacts entered into 
with the Bureau of Indian Affairs prior to fiscal year 1996, as 
authorized by the Indian Self-Determination Act of 1975, as amended, 
and up to $5,000,000 shall be for the Indian Self-Determination Fund, 
which shall be available for the transitional cost of initial or 
expanded tribal contracts, grants, compacts, or cooperative agreements 
with the Bureau of Indian Affairs under the provisions of the Indian 
Self-Determination Act; and of which not to exceed $330,711,000 for 
school operations costs of Bureau-funded schools and other education 
programs shall become available for obligation on July 1, 1996, and 
shall remain available for obligation until September 30, 1997; and of 
which not to exceed $68,209,000 for higher education scholarships, 
adult vocational training, and assistance to public schools under the 
Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et 
seq.), shall remain available for obligation until September 30, 1997; 
and of which not to exceed $71,854,000 shall remain available until 
expended for housing improvement, road maintenance, attorney fees, 
litigation support, self-governance grants, the Indian Self-
Determination Fund, and the Navajo-Hopi Settlement Program: Provided, 
That tribes and tribal contractors may use their tribal priority 
allocations for unmet indirect costs of ongoing contracts, grants or 
compact agreements: Provided further, That funds made available to 
tribes and tribal organizations through contracts or grants obligated 
during fiscal year 1996, as authorized by the Indian Self-Determination 
Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.), or grants 
authorized by the Indian Education Amendments of 1988 (25 U.S.C. 2001 
and 2008A) shall remain available until expended by the contractor or 
grantee: Provided further, That to provide funding uniformity within a 
Self-Governance Compact, any funds provided in this Act with 
availability for more than one year may be reprogrammed to one year 
availability but shall remain available within the Compact until 
expended: Provided further, That notwithstanding any other provision of 
law, Indian tribal governments may, by appropriate changes in 
eligibility criteria or by other means, change eligibility for general 
assistance or change the amount of general assistance payments for 
individuals within the service area of such tribe who are otherwise 
deemed eligible for general assistance payments so long as such changes 
are applied in a consistent manner to individuals similarly situated: 
Provided further, That any savings realized by such changes shall be 
available for use in meeting other priorities of the tribes: Provided 
further, That any net increase in costs to the Federal Government which 
result solely from tribally increased payment levels for general 
assistance shall be met exclusively from funds available to the tribe 
from within its tribal priority allocation: Provided further, That any 
forestry funds allocated to a tribe which remain unobligated as of 
September 30, 1996, may be transferred during fiscal year 1997 to an 
Indian forest land assistance account established for the benefit of 
such tribe within the tribe's trust fund account: Provided further, 
That any such unobligated balances not so transferred shall expire on 
September 30, 1997: Provided further, That notwithstanding any other 
provision of law, no funds available to the Bureau of Indian Affairs, 
other than the amounts provided herein for assistance to public schools 
under the Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 
452 et seq.), shall be available to support the operation of any 
elementary or secondary school in the State of Alaska in fiscal year 
1996: Provided further, That funds made available in this or any other 
Act for expenditure through September 30, 1997 for schools funded by 
the Bureau of Indian Affairs shall be available only to the schools 
which are in the Bureau of Indian Affairs school system as of September 
1, 1995: Provided further, That no funds available to the Bureau of 
Indian Affairs shall be used to support expanded grades for any school 
beyond the grade structure in place at each school in the Bureau of 
Indian Affairs school system as of October 1, 1995: Provided further, 
That notwithstanding the provisions of 25 U.S.C. 2011(h)(1)(B) and (c), 
upon the recommendation of a local school board for a Bureau of Indian 
Affairs operated school, the Secretary shall establish rates of basic 
compensation or annual salary rates for the positions of teachers and 
counselors (including dormitory and homeliving counselors) at the 
school at a level not less than that for comparable positions in public 
school districts in the same geographic area, to become effective on 
July 1, 1997: Provided further, That of the funds available only 
through September 30, 1995, not to exceed $8,000,000 in unobligated and 
unexpended balances in the Operation of Indian Programs account shall 
be merged with and made a part of the fiscal year 1996 Operation of 
Indian Programs appropriation, and shall remain available for 
obligation for employee severance, relocation, and related expenses, 
until September 30, 1996.

                              construction

    For construction, major repair, and improvement of irrigation and 
power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands and interests in lands; and preparation of lands for farming, 
$100,833,000, to remain available until expended: Provided, That such 
amounts as may be available for the construction of the Navajo Indian 
Irrigation Project and for other water resource development activities 
related to the Southern Arizona Water Rights Settlement Act may be 
transferred to the Bureau of Reclamation: Provided further, That not to 
exceed 6 per centum of contract authority available to the Bureau of 
Indian Affairs from the Federal Highway Trust Fund may be used to cover 
the road program management costs of the Bureau of Indian Affairs: 
Provided further, That any funds provided for the Safety of Dams 
program pursuant to 25 U.S.C. 13 shall be made available on a non-
reimbursable basis: Provided further, That for the fiscal year ending 
September 30, 1996, in implementing new construction or facilities 
improvement and repair project grants in excess of $100,000 that are 
provided to tribally controlled grant schools under Public Law 100-297, 
as amended, the Secretary of the Interior shall use the Administrative 
and Audit Requirements and Cost Principles for Assistance Programs 
contained in 43 CFR part 12 as the regulatory requirements: Provided 
further, That such grants shall not be subject to section 12.61 of 43 
CFR; the Secretary and the grantee shall negotiate and determine a 
schedule of payments for the work to be performed: Provided further, 
That in considering applications, the Secretary shall consider whether 
the Indian tribe or tribal organization would be deficient in assuring 
that the construction projects conform to applicable building standards 
and codes and Federal, tribal, or State health and safety standards as 
required by 25 U.S.C. 2005(a), with respect to organizational and 
financial management capabilities: Provided further, That if the 
Secretary declines an application, the Secretary shall follow the 
requirements contained in 25 U.S.C. 2505(f): Provided further, That any 
disputes between the Secretary and any grantee concerning a grant shall 
be subject to the disputes provision in 25 U.S.C. 2508(e).

 indian land and water claim settlements and miscellaneous payments to 
                                indians

    For miscellaneous payments to Indian tribes and individuals and for 
necessary administrative expenses, $80,645,000, to remain available 
until expended; of which $78,600,000 shall be available for 
implementation of enacted Indian land and water claim settlements 
pursuant to Public Laws 87-483, 97-293, 101-618, 102-374, 102-441, 102-
575, and 103-116, and for implementation of other enacted water rights 
settlements, including not to exceed $8,000,000, which shall be for the 
Federal share of the Catawba Indian Tribe of South Carolina Claims 
Settlement, as authorized by section 5(a) of Public Law 103-116; and of 
which $1,045,000 shall be available pursuant to Public Laws 98-500, 99-
264, and 100-580; and of which $1,000,000 shall be available (1) to 
liquidate obligations owed tribal and individual Indian payees of any 
checks canceled pursuant to section 1003 of the Competitive Equality 
Banking Act of 1987 (Public Law 100-86 (101 Stat. 659)), 31 U.S.C. 
3334(b), (2) to restore to Individual Indian Monies trust funds, Indian 
Irrigation Systems, and Indian Power Systems accounts amounts invested 
in credit unions or defaulted savings and loan associations and which 
were not Federally insured, and (3) to reimburse Indian trust fund 
account holders for losses to their respective accounts where the claim 
for said loss(es) has been reduced to a judgment or settlement 
agreement approved by the Department of Justice.

               technical assistance of indian enterprises

    For payment of management and technical assistance requests 
associated with loans and grants approved under the Indian Financing 
Act of 1974, as amended, $500,000.

                 indian guaranteed loan program account

    For the cost of guaranteed loans $4,500,000, as authorized by the 
Indian Financing Act of 1974, as amended: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That these funds are available to subsidize total 
loan principal, any part of which is to be guaranteed, not to exceed 
$35,914,000.
    In addition, for administrative expenses necessary to carry out the 
guaranteed loan program, $500,000.

                       administrative provisions

    Appropriations for the Bureau of Indian Affairs shall be available 
for expenses of exhibits, and purchase of not to exceed 275 passenger 
carrying motor vehicles, of which not to exceed 215 shall be for 
replacement only.

                 Territorial and International Affairs

                       assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $65,188,000, of which 
(1) $61,661,000 shall be available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, and brown tree snake control and research; 
grants to the judiciary in American Samoa for compensation and 
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the 
Government of American Samoa, in addition to current local revenues, 
for construction and support of governmental functions; grants to the 
Government of the Virgin Islands as authorized by law; grants to the 
Government of Guam, as authorized by law; and grants to the Government 
of the Northern Mariana Islands as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $3,527,000 shall be available for salaries 
and expenses of the Office of Insular Affairs: Provided, That all 
financial transactions of the territorial and local governments herein 
provided for, including such transactions of all agencies or 
instrumentalities established or utilized by such governments, may be 
audited by the General Accounting Office, at its discretion, in 
accordance with chapter 35 of title 31, United States Code: Provided 
further, That Northern Mariana Islands Covenant grant funding shall be 
provided according to those terms of the Agreement of the Special 
Representatives on Future United States Financial Assistance for the 
Northern Mariana Islands approved by Public Law 99-396, or any 
subsequent legislation related to Commonwealth of the Northern Mariana 
Islands Covenant grant funding: Provided further, That of the amounts 
provided for technical assistance, sufficient funding shall be made 
available for a grant to the Close Up Foundation: Provided further, 
That the funds for the program of operations and maintenance 
improvement are appropriated to institutionalize routine operations and 
maintenance of capital infrastructure in American Samoa, Guam, the 
Virgin Islands, the Commonwealth of the Northern Mariana Islands, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia through assessments of long-range 
operations and maintenance needs, improved capability of local 
operations and maintenance institutions and agencies (including 
management and vocational education training), and project-specific 
maintenance (with territorial participation and cost sharing to be 
determined by the Secretary based on the individual territory's 
commitment to timely maintenance of its capital assets): Provided 
further, That any appropriation for disaster assistance under this head 
in this Act or previous appropriations Acts may be used as non-Federal 
matching funds for the purpose of hazard mitigation grants provided 
pursuant to section 404 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170c).

                      compact of free association

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

                          Departmental Offices

                        Departmental Management

                         salaries and expenses

    For necessary expenses for management of the Department of the 
Interior, $57,340,000, of which not to exceed $7,500 may be for 
official reception and representation expenses.

                        Office of the Solicitor

                         salaries and expenses

    For necessary expenses of the Office of the Solicitor, $34,516,000.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$23,939,000.

                        Construction Management

                         salaries and expenses

    For necessary expenses of the Office of Construction Management, 
$500,000.

                   National Indian Gaming Commission

                         salaries and expenses

    For necessary expenses of the National Indian Gaming Commission, 
pursuant to Public Law 100-497, $1,000,000: Provided, That on March 1, 
1996, the Chairman shall submit to the Secretary a report detailing 
those Indian tribes or tribal organizations with gaming operations that 
are in full compliance, partial compliance, or non-compliance with the 
provisions of the Indian Gaming Regulatory Act (25 U.S.C. 2701, et 
seq.): Provided further, That the information contained in the report 
shall be updated on a continuing basis.

             Office of Special Trustee for American Indians

                         federal trust programs

    For operation of trust programs for Indians by direct expenditure, 
contracts, cooperative agreements, compacts, and grants, $16,338,000, 
of which $15,891,000 shall remain available until expended for trust 
funds management: Provided, That funds made available to tribes and 
tribal organizations through contracts or grants obligated during 
fiscal year 1996, as authorized by the Indian Self-Determination Act of 
1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.), shall remain available 
until expended by the contractor or grantee: Provided further, That 
notwithstanding any other provision of law, the statute of limitations 
shall not commence to run on any claim, including any claim in 
litigation pending on the date of this Act, concerning losses to or 
mismanagement of trust funds, until the affected tribe or individual 
Indian has been furnished with the accounting of such funds from which 
the beneficiary can determine whether there has been a loss: Provided 
further, That obligated and unobligated balances provided for trust 
funds management within ``Operation of Indian programs'', Bureau of 
Indian Affairs are hereby transferred to and merged with this 
appropriation.

                       Administrative Provisions

    There is hereby authorized for acquisition from available resources 
within the Working Capital Fund, 15 aircraft, 10 of which shall be for 
replacement and which may be obtained by donation, purchase or through 
available excess surplus property: Provided, That notwithstanding any 
other provision of law, existing aircraft being replaced may be sold, 
with proceeds derived or trade-in value used to offset the purchase 
price for the replacement aircraft: Provided further, That no programs 
funded with appropriated funds in ``Departmental Management'', ``Office 
of the Solicitor'', and ``Office of Inspector General'' may be 
augmented through the Working Capital Fund or the Consolidated Working 
Fund.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

    Sec. 101. Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other 
facilities or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made available 
to the Department of the Interior for emergencies shall have been 
exhausted: Provided further, That all funds used pursuant to this 
section are hereby designated by Congress to be ``emergency 
requirements'' pursuant to section 251(b)(2)(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 and must be replenished by a 
supplemental appropriation which must be requested as promptly as 
possible.
    Sec. 102. The Secretary may authorize the expenditure or transfer 
of any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or emergency prevention of forest or range fires on or 
threatening lands under the jurisdiction of the Department of the 
Interior; for the emergency rehabilitation of burned-over lands under 
its jurisdiction; for emergency actions related to potential or actual 
earthquakes, floods, volcanoes, storms, or other unavoidable causes; 
for contingency planning subsequent to actual oilspills; response and 
natural resource damage assessment activities related to actual 
oilspills; for the prevention, suppression, and control of actual or 
potential grasshopper and Mormon cricket outbreaks on lands under the 
jurisdiction of the Secretary, pursuant to the authority in section 
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation 
projects under section 410 of Public Law 95-87; and shall transfer, 
from any no year funds available to the Office of Surface Mining 
Reclamation and Enforcement, such funds as may be necessary to permit 
assumption of regulatory authority in the event a primacy State is not 
carrying out the regulatory provisions of the Surface Mining Act: 
Provided, That appropriations made in this title for fire suppression 
purposes shall be available for the payment of obligations incurred 
during the preceding fiscal year, and for reimbursement to other 
Federal agencies for destruction of vehicles, aircraft, or other 
equipment in connection with their use for fire suppression purposes, 
such reimbursement to be credited to appropriations currently available 
at the time of receipt thereof: Provided further, That for emergency 
rehabilitation and wildfire suppression activities, no funds shall be 
made available under this authority until funds appropriated to the 
``Emergency Department of the Interior Firefighting Fund'' shall have 
been exhausted: Provided further, That all funds used pursuant to this 
section are hereby designated by Congress to be ``emergency 
requirements'' pursuant to section 251(b)(2)(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 and must be replenished by a 
supplemental appropriation which must be requested as promptly as 
possible: Provided further, That such replenishment funds shall be used 
to reimburse, on a pro rata basis, accounts from which emergency funds 
were transferred.
    Sec. 103. Appropriations made in this title shall be available for 
operation of warehouses, garages, shops, and similar facilities, 
wherever consolidation of activities will contribute to efficiency or 
economy, and said appropriations shall be reimbursed for services 
rendered to any other activity in the same manner as authorized by 
sections 1535 and 1536 of title 31, United States Code: Provided, That 
reimbursements for costs and supplies, materials, equipment, and for 
services rendered may be credited to the appropriation current at the 
time such reimbursements are received.
    Sec. 104. Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by 5 U.S.C. 
3109, when authorized by the Secretary, in total amount not to exceed 
$500,000; hire, maintenance, and operation of aircraft; hire of 
passenger motor vehicles; purchase of reprints; payment for telephone 
service in private residences in the field, when authorized under 
regulations approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in societies or 
associations which issue publications to members only or at a price to 
members lower than to subscribers who are not members.
    Sec. 105. Appropriations available to the Department of the 
Interior for salaries and expenses shall be available for uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. 
Code 4-204).
    Sec. 106. Appropriations made in this title shall be available for 
obligation in connection with contracts issued for services or rentals 
for periods not in excess of twelve months beginning at any time during 
the fiscal year.
    Sec. 107. Appropriations made in this title from the Land and Water 
Conservation Fund for acquisition of lands and waters, or interests 
therein, shall be available for transfer, with the approval of the 
Secretary, between the following accounts: Bureau of Land Management, 
Land acquisition, United States Fish and Wildlife Service, Land 
acquisition, and National Park Service, Land acquisition and State 
assistance. Use of such funds are subject to the reprogramming 
guidelines of the House and Senate Committees on Appropriations.
    Sec.  108. Prior to the transfer of Presidio properties to the 
Presidio Trust, when authorized, the Secretary may not obligate in any 
calendar month more than \1/12\ of the fiscal year 1996 appropriation 
for operation of the Presidio: Provided, That this section shall expire 
on December 31, 1995.
    Sec. 109. Section 6003 of Public Law 101-380 is hereby repealed.
    Sec. 110. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended by the Secretary of 
the Interior for developing, promulgating, and thereafter implementing 
a rule concerning rights-of-way under section 2477 of the Revised 
Statutes.
    Sec. 111. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore leasing and 
related activities placed under restriction in the President's 
moratorium statement of June 26, 1990, in the areas of Northern, 
Central, and Southern California; the North Atlantic; Washington and 
Oregon; and the Eastern Gulf of Mexico south of 26 degrees north 
latitude and east of 86 degrees west longitude.
    Sec. 112. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of leasing, or the approval 
or permitting of any drilling or other exploration activity, on lands 
within the North Aleutian Basin planning area.
    Sec. 113. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of preleasing and leasing 
activities in the Eastern Gulf of Mexico for Outer Continental Shelf 
Lease Sale 151 in the Outer Continental Shelf Natural Gas and Oil 
Resource Management Comprehensive Program, 1992-1997.
    Sec. 114. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of preleasing and leasing 
activities in the Atlantic for Outer Continental Shelf Lease Sale 164 
in the Outer Continental Shelf Natural Gas and Oil Resource Management 
Comprehensive Program, 1992-1997.
    Sec. 115. (a) Of the funds appropriated by this Act or any 
subsequent Act providing for appropriations in fiscal years 1996 and 
1997, not more than 50 percent of any self-governance funds that would 
otherwise be allocated to each Indian tribe in the State of Washington 
shall actually be paid to or on account of such Indian tribe from and 
after the time at which such tribe shall--
            (1) take unilateral action that adversely impacts the 
        existing rights to and/or customary uses of, nontribal member 
        owners of fee simple land within the exterior boundary of the 
        tribe's reservation to water, electricity, or any other similar 
        utility or necessity for the nontribal members' residential use 
        of such land; or
            (2) restrict or threaten to restrict said owners use of or 
        access to publicly maintained rights-of-way necessary or 
        desirable in carrying the utilities or necessities described 
        above.
    (b) Such penalty shall not attach to the initiation of any legal 
actions with respect to such rights or the enforcement of any final 
judgments, appeals from which have been exhausted, with respect 
thereto.
    Sec. 116. Within 30 days after the enactment of this Act, the 
Department of the Interior shall issue a specific schedule for the 
completion of the Lake Cushman Land Exchange Act (Public Law 102-436) 
and shall complete the exchange not later than September 30, 1996.
    Sec. 117. Notwithstanding Public Law 90-544, as amended, the 
National Park Service is authorized to expend appropriated funds for 
maintenance and repair of the Company Creek Road in the Lake Chelan 
National Recreation Area: Provided, That appropriated funds shall not 
be expended for the purpose of improving the property of private 
individuals unless specifically authorized by law.
    Sec. 118. Section 4(b) of Public Law 94-241 (90 Stat. 263) as added 
by section 10 of Public Law 99-396 is amended by deleting ``until 
Congress otherwise provides by law.'' and inserting in lieu thereof: 
``except that, for fiscal years 1996 through 2002, payments to the 
Commonwealth of the Northern Mariana Islands pursuant to the multi-year 
funding agreements contemplated under the Covenant shall be $11,000,000 
annually, subject to an equal local match and all other requirements 
set forth in the Agreement of the Special Representatives on Future 
Federal Financial Assistance of the Northern Mariana Islands, executed 
on December 17, 1992 between the special representative of the 
President of the United States and special representatives of the 
Governor of the Northern Mariana Islands with any additional amounts 
otherwise made available under this section in any fiscal year and not 
required to meet the schedule of payments in this subsection to be 
provided as set forth in subsection (c) until Congress otherwise 
provides by law.
    ``(c) The additional amounts referred to in subsection (b) shall be 
made available to the Secretary for obligation as follows:
            ``(1) for fiscal years 1996 through 2001, $4,580,000 
        annually for capital infrastructure projects as Impact Aid for 
        Guam under section 104(c)(6) of Public Law 99-239;
            ``(2) for fiscal year 1996, $7,700,000 shall be provided 
        for capital infrastructure projects in American Samoa; 
        $4,420,000 for resettlement of Rongelap Atoll; and
            ``(3) for fiscal years 1997 and thereafter, all such 
        amounts shall be available solely for capital infrastructure 
        projects in Guam, the Virgin Islands, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, the Republic of 
        Palau, the Federated States of Micronesia and the Republic of 
        the Marshall Islands: Provided, That, in fiscal year 1997, 
        $3,000,000 of such amounts shall be made available to the 
        College of the Northern Marianas and beginning in fiscal year 
        1997, and in each year thereafter, not to exceed $3,000,000 may 
        be allocated, as provided in appropriations Acts, to the 
        Secretary of the Interior for use by Federal agencies or the 
        Commonwealth of the Northern Mariana Islands to address 
        immigration, labor, and law enforcement issues in the Northern 
        Mariana Islands. The specific projects to be funded in American 
        Samoa shall be set forth in a five-year plan for infrastructure 
        assistance developed by the Secretary of the Interior in 
        consultation with the American Samoa Government and updated 
        annually and submitted to the Congress concurrent with the 
        budget justifications for the Department of the Interior. In 
        developing budget recommendations for capital infrastructure 
        funding, the Secretary shall indicate the highest priority 
        projects, consider the extent to which particular projects are 
        part of an overall master plan, whether such project has been 
        reviewed by the Corps of Engineers and any recommendations made 
        as a result of such review, the extent to which a set-aside for 
        maintenance would enhance the life of the project, the degree 
        to which a local cost-share requirement would be consistent 
        with local economic and fiscal capabilities, and may propose an 
        incremental set-aside, not to exceed $2,000,000 per year, to 
        remain available without fiscal year limitation, as an 
        emergency fund in the event of natural or other disasters to 
        supplement other assistance in the repair, replacement, or 
        hardening of essential facilities: Provided further, That the 
        cumulative amount set aside for such emergency fund may not 
        exceed $10,000,000 at any time.
    ``(d) Within the amounts allocated for infrastructure pursuant to 
this section, and subject to the specific allocations made in 
subsection (c), additional contributions may be made, as set forth in 
appropriations Acts, to assist in the resettlement of Rongelap Atoll: 
Provided, That the total of all contributions from any Federal source 
after enactment of this Act may not exceed $32,000,000 and shall be 
contingent upon an agreement, satisfactory to the President, that such 
contributions are a full and final settlement of all obligations of the 
United States to assist in the resettlement of Rongelop Atoll and that 
such funds will be expended solely on resettlement activities and will 
be properly audited and accounted for. In order to provide such 
contributions in a timely manner, each Federal agency providing 
assistance or services, or conducting activities, in the Republic of 
the Marshall Islands, is authorized to make funds available through the 
Secretary of the Interior, to assist in the resettlement of Rongelap. 
Nothing in this subsection shall be construed to limit the provision of 
ex gratia assistance pursuant to section 105(c)(2) of the Compact of 
Free Association Act of 1985 (Public Law 99-239, 99 Stat. 1770, 1792) 
including for individuals choosing not to resettle at Rongelap, except 
that no such assistance for such individuals may be provided until the 
Secretary notifies the Congress that the full amount of all funds 
necessary for resettlement at Rongelap has been provided.''.

                       TITLE II--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                            forest research

    For necessary expenses of forest research as authorized by law, 
$177,757,000, to remain available until September 30, 1997.

                       state and private forestry

    For necessary expenses of cooperating with, and providing technical 
and financial assistance to States, Territories, possessions, and 
others and for forest pest management activities, cooperative forestry 
and education and land conservation activities, $136,695,000, to remain 
available until expended, as authorized by law: Provided, That of funds 
available under this heading for Pacific Northwest Assistance in this 
or prior appropriations Acts, $200,000 shall be provided to the World 
Forestry Center for purposes of continuing scientific research and 
other authorized efforts regarding the land exchange efforts in the 
Umpqua River Basin Region.

                         national forest system

    For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utilization 
of the National Forest System, for ecosystem planning, inventory, and 
monitoring, and for administrative expenses associated with the 
management of funds provided under the heads ``Forest Research'', 
``State and Private Forestry'', ``National Forest System'', 
``Construction'', ``Fire Protection and Emergency Suppression'', and 
``Land Acquisition'', $1,255,004,999, to remain available for 
obligation until September 30, 1997, and including 65 per centum of all 
monies received during the prior fiscal year as fees collected under 
the Land and Water Conservation Fund Act of 1965, as amended, in 
accordance with section 4 of the Act (16 U.S.C. 460l-6a(i)), of which 
not more than $81,249,999 shall be available for travel expenses: 
Provided, That unobligated and unexpended balances in the National 
Forest System account at the end of fiscal year 1995, shall be merged 
with and made a part of the fiscal year 1996 National Forest System 
appropriation, and shall remain available for obligation until 
September 30, 1997: Provided further, That up to $5,000,000 of the 
funds provided herein for road maintenance shall be available for the 
planned obliteration of roads which are no longer needed.

                        wildland fire management

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

                              construction

    For necessary expenses of the Forest Service, not otherwise 
provided for, $163,384,000, to remain available until expended, for 
construction and acquisition of buildings and other facilities, and for 
construction and repair of forest roads and trails by the Forest 
Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: 
Provided, That funds becoming available in fiscal year 1996 under the 
Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the 
General Fund of the Treasury of the United States: Provided further, 
That not to exceed $50,000,000, to remain available until expended, may 
be obligated for the construction of forest roads by timber purchasers: 
Provided further, That $2,500,000 of the funds appropriated herein 
shall be available for a grant to the ``Non-Profit Citizens for the 
Columbia Gorge Discovery Center'' for the construction of the Columbia 
Gorge Discovery Center: Provided further, That the Forest Service is 
authorized to grant the unobligated balance of funds appropriated in 
fiscal year 1995 for the construction of the Columbia Gorge Discovery 
Center and related trail construction funds to the ``Non-Profit 
Citizens for the Columbia Gorge Discovery Center'' to be used for the 
same purpose: Provided further, That the Forest Service is authorized 
to convey the land needed for the construction of the Columbia Gorge 
Discovery Center without cost to the ``Non-Profit Citizens for the 
Columbia Gorge Discovery Center'': Provided further, That 
notwithstanding any other provision of law, funds originally 
appropriated under this head in Public Law 101-512 for the Forest 
Service share of a new research facility at the University of Missouri, 
Columbia, shall be available for a grant to the University of Missouri, 
as the Federal share in the construction of the new facility: Provided 
further, That agreed upon lease of space in the new facility shall be 
provided to the Forest Service without charge for the life of the 
building.

                            land acquisition

    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), 
including administrative expenses, and for acquisition of land or 
waters, or interest therein, in accordance with statutory authority 
applicable to the Forest Service, $41,200,000, to be derived from the 
Land and Water Conservation Fund, to remain available until expended.

         acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National 
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland 
National Forests, California, as authorized by law, $1,069,000, to be 
derived from forest receipts.

            acquisition of lands to complete land exchanges

    For acquisition of lands, to be derived from funds deposited by 
State, county, or municipal governments, public school districts, or 
other public school authorities pursuant to the Act of December 4, 
1967, as amended (16 U.S.C. 484a), to remain available until expended.

                         range betterment fund

    For necessary expenses of range rehabilitation, protection, and 
improvement, 50 per centum of all moneys received during the prior 
fiscal year, as fees for grazing domestic livestock on lands in 
National Forests in the sixteen Western States, pursuant to section 
401(b)(1) of Public Law 94-579, as amended, to remain available until 
expended, of which not to exceed 6 per centum shall be available for 
administrative expenses associated with on-the-ground range 
rehabilitation, protection, and improvements.

    gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain 
available until expended, to be derived from the fund established 
pursuant to the above Act.

               administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (a) purchase of not to exceed 183 passenger 
motor vehicles of which 32 will be used primarily for law enforcement 
purposes and of which 151 shall be for replacement; acquisition of 22 
passenger motor vehicles from excess sources, and hire of such 
vehicles; operation and maintenance of aircraft, the purchase of not to 
exceed two for replacement only, and acquisition of 20 aircraft from 
excess sources; notwithstanding other provisions of law, existing 
aircraft being replaced may be sold, with proceeds derived or trade-in 
value used to offset the purchase price for the replacement aircraft; 
(b) services pursuant to the second sentence of section 706(a) of the 
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 for 
employment under 5 U.S.C. 3109; (c) purchase, erection, and alteration 
of buildings and other public improvements (7 U.S.C. 2250); (d) 
acquisition of land, waters, and interests therein, pursuant to the Act 
of August 3, 1956 (7 U.S.C. 428a); (e) for expenses pursuant to the 
Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, 
558a note); and (f) for debt collection contracts in accordance with 31 
U.S.C. 3718(c).
    None of the funds made available under this Act shall be obligated 
or expended to change the boundaries of any region, to abolish any 
region, to move or close any regional office for research, State and 
private forestry, or National Forest System administration of the 
Forest Service, Department of Agriculture, or to implement any 
reorganization, ``reinvention'' or other type of organizational 
restructuring of the Forest Service, other than the relocation of the 
Regional Office for Region 5 of the Forest Service from San Francisco 
to excess military property at Mare Island, Vallejo, California, 
without the consent of the House and Senate Committees on 
Appropriations and the Committee on Agriculture, Nutrition, and 
Forestry and the Committee on Energy and Natural Resources in the 
United States Senate and the Committee on Agriculture and the Committee 
on Resources in the United States House of Representatives.
    Any appropriations or funds available to the Forest Service may be 
advanced to the Fire and Emergency Suppression appropriation and may be 
used for forest firefighting and the emergency rehabilitation of 
burned-over lands under its jurisdiction: Provided, That no funds shall 
be made available under this authority until funds appropriated to the 
``Emergency Forest Service Firefighting Fund'' shall have been 
exhausted.
    Any funds available to the Forest Service may be used for 
retrofitting Mare Island facilities to accommodate the relocation: 
Provided, That funds for the move must come from funds otherwise 
available to Region 5: Provided further, That any funds to be provided 
for such purposes shall only be available upon approval of the House 
and Senate Committees on Appropriations.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development and 
the Foreign Agricultural Service in connection with forest and 
rangeland research, technical information, and assistance in foreign 
countries, and shall be available to support forestry and related 
natural resource activities outside the United States and its 
territories and possessions, including technical assistance, education 
and training, and cooperation with United States and international 
organizations.
    None of the funds made available to the Forest Service under this 
Act shall be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or 
7 U.S.C. 147b unless the proposed transfer is approved in advance by 
the House and Senate Committees on Appropriations in compliance with 
the reprogramming procedures contained in House Report 103-551.
    No funds appropriated to the Forest Service shall be transferred to 
the Working Capital Fund of the Department of Agriculture without the 
approval of the Chief of the Forest Service.
    Notwithstanding any other provision of law, any appropriations or 
funds available to the Forest Service may be used to disseminate 
program information to private and public individuals and organizations 
through the use of nonmonetary items of nominal value and to provide 
nonmonetary awards of nominal value and to incur necessary expenses for 
the nonmonetary recognition of private individuals and organizations 
that make contributions to Forest Service programs.
    Notwithstanding any other provision of law, money collected, in 
advance or otherwise, by the Forest Service under authority of section 
101 of Public Law 93-153 (30 U.S.C. 185(1)) as reimbursement of 
administrative and other costs incurred in processing pipeline right-
of-way or permit applications and for costs incurred in monitoring the 
construction, operation, maintenance, and termination of any pipeline 
and related facilities, may be used to reimburse the applicable 
appropriation to which such costs were originally charged.
    Funds available to the Forest Service shall be available to conduct 
a program of not less than $1,000,000 for high priority projects within 
the scope of the approved budget which shall be carried out by the 
Youth Conservation Corps as authorized by the Act of August 13, 1970, 
as amended by Public Law 93-408.
    None of the funds available in this Act shall be used for timber 
sale preparation using clearcutting in hardwood stands in excess of 25 
percent of the fiscal year 1989 harvested volume in the Wayne National 
Forest, Ohio: Provided, That this limitation shall not apply to 
hardwood stands damaged by natural disaster: Provided further, That 
landscape architects shall be used to maintain a visually pleasing 
forest.
    Any money collected from the States for fire suppression assistance 
rendered by the Forest Service on non-Federal lands not in the vicinity 
of National Forest System lands shall be used to reimburse the 
applicable appropriation and shall remain available until expended as 
the Secretary may direct in conducting activities authorized by 16 
U.S.C. 2101 (note), 2101-2110, 1606, and 2111.
    Of the funds available to the Forest Service, $1,500 is available 
to the Chief of the Forest Service for official reception and 
representation expenses.
    Notwithstanding any other provision of law, the Forest Service is 
authorized to employ or otherwise contract with persons at regular 
rates of pay, as determined by the Service, to perform work occasioned 
by emergencies such as fires, storms, floods, earthquakes or any other 
unavoidable cause without regard to Sundays, Federal holidays, and the 
regular workweek.
    To the greatest extent possible, and in accordance with the Final 
Amendment to the Shawnee National Forest Plan, none of the funds 
available in this Act shall be used for preparation of timber sales 
using clearcutting or other forms of even aged management in hardwood 
stands in the Shawnee National Forest, Illinois.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities for sustainable rural development purposes.
    Notwithstanding any other provision of law, eighty percent of the 
funds appropriated to the Forest Service in the National Forest System 
and Construction accounts and planned to be allocated to activities 
under the ``Jobs in the Woods'' program for projects on National Forest 
land in the State of Washington may be granted directly to the 
Washington State Department of Fish and Wildlife for accomplishment of 
planned projects. Twenty percent of said funds shall be retained by the 
Forest Service for planning and administering projects. Project 
selection and prioritization shall be accomplished by the Forest 
Service with such consultation with the State of Washington as the 
Forest Service deems appropriate.
    For one year after enactment of this Act, the Secretary shall 
continue the current Tongass Land Management Plan (TLMP) and may 
accommodate commercial tourism (if an agreement is signed between the 
Forest Service and the Alaska Visitors' Association) except that during 
this period, the Secretary shall maintain at least the number of acres 
of suitable available and suitable scheduled timber lands, and 
Allowable Sale Quantity as identified in the Preferred Alternative 
(Alternative P) in the Tongass Land and Resources Management Plan and 
Final Environmental Impact Statement (dated October 1992) as selected 
in the Record of Decision Review Draft #3-2/93. Nothing in this 
paragraph shall be interpreted to mandate clear-cutting or require the 
sale of timber and nothing in this paragraph, including the ASQ 
identified in Alternative P, shall be construed to limit the 
Secretary's consideration of new information or to prejudice future 
revision, amendment or modification of TLMP based upon sound, 
verifiable scientific data.
    If the Forest Service determines in a Supplemental Evaluation to an 
Environmental Impact Statement that no additional analysis under the 
National Environmental Policy Act or section 810 of the Alaska National 
Interest Lands Conservation Act is necessary for any timber sale or 
offering which has been prepared for acceptance by, or award to, a 
purchaser after December 31, 1988, that has been subsequently 
determined by the Forest Service to be available for sale or offering 
to one or more other purchaser, the change of purchasers for whatever 
reason shall not be considered a significant new circumstance, and the 
Forest Service may offer or award such timber sale or offering to a 
different purchaser or offeree, notwithstanding any other provision of 
law. A determination by the Forest Service pursuant to this paragraph 
shall not be subject to judicial review.
    None of the funds appropriated under this Act for the Forest 
Service shall be made available for the purpose of applying paint to 
rocks, or rock colorization: Provided, That notwithstanding any other 
provision of law, the Forest Service shall not require of any 
individual or entity, as part of any permitting process under its 
authority, or as a requirement of compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the painting 
or colorization of rocks.

                          DEPARTMENT OF ENERGY

                 fossil energy research and development

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for promoting health and safety in mines and the mineral 
industry through research (30 U.S.C. 3, 861(b), and 951(a)), for 
conducting inquiries, technological investigations and research 
concerning the extraction, processing, use, and disposal of mineral 
substances without objectionable social and environmental costs (30 
U.S.C. 3, 1602, and 1603), and for the development of methods for the 
disposal, control, prevention, and reclamation of waste products in the 
mining, minerals, metal, and mineral reclamation industries (30 U.S.C. 
3 and 21a), $417,092,000, to remain available until expended: Provided, 
That no part of the sum herein made available shall be used for the 
field testing of nuclear explosives in the recovery of oil and gas.

                      alternative fuels production

                     (including transfer of funds)

    Monies received as investment income on the principal amount in the 
Great Plains Project Trust at the Norwest Bank of North Dakota, in such 
sums as are earned as of October 1, 1995, shall be deposited in this 
account and immediately transferred to the General Fund of the 
Treasury. Monies received as revenue sharing from the operation of the 
Great Plains Gasification Plant shall be immediately transferred to the 
General Fund of the Treasury.

                 naval petroleum and oil shale reserves

    For necessary expenses in carrying out naval petroleum and oil 
shale reserve activities, $148,786,000, to remain available until 
expended: Provided, That the requirements of 10 U.S.C. 7430(b)(2)(B) 
shall not apply to fiscal year 1996: Provided further, That section 501 
of Public Law 101-45 is hereby repealed.

                          energy conservation

    For necessary expenses in carrying out energy conservation 
activities, $553,240,000, to remain available until expended, 
including, notwithstanding any other provision of law, the excess 
amount for fiscal year 1996 determined under the provisions of section 
3003(d) of Public Law 99-509 (15 U.S.C. 4502), and of which $16,000,000 
shall be derived from available unobligated balances in the Biomass 
Energy Development account: Provided, That $140,696,000 shall be for 
use in energy conservation programs as defined in section 3008(3) of 
Public Law 99-509 (15 U.S.C. 4507) and shall not be available until 
excess amounts are determined under the provisions of section 3003(d) 
of Public Law 99-509 (15 U.S.C. 4502): Provided further, That 
notwithstanding section 3003(d)(2) of Public Law 99-509 such sums shall 
be allocated to the eligible programs as follows: $114,196,000 for the 
weatherization assistance program and $26,500,000 for the State energy 
conservation program.

                          economic regulation

    For necessary expenses in carrying out the activities of the 
Economic Regulatory Administration and the Office of Hearings and 
Appeals, $6,297,000, to remain available until expended.

                      strategic petroleum reserve

                     (including transfer of funds)

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant 
to the Energy Policy and Conservation Act of 1975, as amended (42 
U.S.C. 6201 et seq.), $287,000,000, to remain available until expended, 
of which $187,000,000 shall be derived by transfer of unobligated 
balances from the ``SPR petroleum account'' and $100,000,000 shall be 
derived by transfer from the ``SPR Decommissioning Fund'': Provided, 
That notwithstanding section 161 of the Energy Policy and Conservation 
Act, the Secretary shall draw down and sell up to seven million barrels 
of oil from the Strategic Petroleum Reserve: Provided further, That the 
proceeds from the sale shall be deposited into a special account in the 
Treasury, to be established and known as the ``SPR Decommissioning 
Fund'', and shall be available for the purpose of removal of oil from 
and decommissioning of the Weeks Island site and for other purposes 
related to the operations of the Strategic Petroleum Reserve.

                         spr petroleum account

    Notwithstanding 42 U.S.C. 6240(d) the United States share of crude 
oil in Naval Petroleum Reserve Numbered 1 (Elk Hills) may be sold or 
otherwise disposed of to other than the Strategic Petroleum Reserve: 
Provided, That outlays in fiscal year 1996 resulting from the use of 
funds in this account shall not exceed $5,000,000.

                   energy information administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $72,266,000, to remain available until 
expended: Provided, That notwithstanding section 4(d) of the Service 
Contract Act of 1965 (41 U.S.C. 353(d)) or any other provision of law, 
funds appropriated under this heading hereafter may be used to enter 
into a contract for end use consumption surveys for a term not to 
exceed eight years: Provided further, That notwithstanding any other 
provision of law, hereafter the Manufacturing Energy Consumption Survey 
shall be conducted on a triennial basis.

            administrative provisions, department of energy

    Appropriations under this Act for the current fiscal year shall be 
available for hire of passenger motor vehicles; hire, maintenance, and 
operation of aircraft; purchase, repair, and cleaning of uniforms; and 
reimbursement to the General Services Administration for security guard 
services.
    From appropriations under this Act, transfers of sums may be made 
to other agencies of the Government for the performance of work for 
which the appropriation is made.
    None of the funds made available to the Department of Energy under 
this Act shall be used to implement or finance authorized price support 
or loan guarantee programs unless specific provision is made for such 
programs in an appropriations Act.
    The Secretary is authorized to accept lands, buildings, equipment, 
and other contributions from public and private sources and to 
prosecute projects in cooperation with other agencies, Federal, State, 
private, or foreign: Provided, That revenues and other moneys received 
by or for the account of the Department of Energy or otherwise 
generated by sale of products in connection with projects of the 
Department appropriated under this Act may be retained by the Secretary 
of Energy, to be available until expended, and used only for plant 
construction, operation, costs, and payments to cost-sharing entities 
as provided in appropriate cost-sharing contracts or agreements: 
Provided further, That the remainder of revenues after the making of 
such payments shall be covered into the Treasury as miscellaneous 
receipts: Provided further, That any contract, agreement, or provision 
thereof entered into by the Secretary pursuant to this authority shall 
not be executed prior to the expiration of 30 calendar days (not 
including any day in which either House of Congress is not in session 
because of adjournment of more than three calendar days to a day 
certain) from the receipt by the Speaker of the House of 
Representatives and the President of the Senate of a full comprehensive 
report on such project, including the facts and circumstances relied 
upon in support of the proposed project.
    No funds provided in this Act may be expended by the Department of 
Energy to prepare, issue, or process procurement documents for programs 
or projects for which appropriations have not been made.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $1,747,842,000, together 
with payments received during the fiscal year pursuant to 42 U.S.C. 
300aaa-2 for services furnished by the Indian Health Service: Provided, 
That of the funds provided, $800,000 shall be used for inhalant abuse 
treatment programs to treat inhalant abuse and to provide for referrals 
to specialized treatment facilities in the United States: Provided 
further, That funds made available to tribes and tribal organizations 
through contracts, grant agreements, or any other agreements or 
compacts authorized by the Indian Self-Determination and Education 
Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450), shall be deemed 
to be obligated at the time of the grant or contract award and 
thereafter shall remain available to the tribe or tribal organization 
without fiscal year limitation: Provided further, That $12,000,000 
shall remain available until expended, for the Indian Catastrophic 
Health Emergency Fund: Provided further, That $350,564,000 for contract 
medical care shall remain available for obligation until September 30, 
1997: Provided further, That of the funds provided, not less than 
$11,306,000 shall be used to carry out the loan repayment program under 
section 108 of the Indian Health Care Improvement Act, as amended: 
Provided further, That funds provided in this Act may be used for one-
year contracts and grants which are to be performed in two fiscal 
years, so long as the total obligation is recorded in the year for 
which the funds are appropriated: Provided further, That the amounts 
collected by the Secretary of Health and Human Services under the 
authority of title IV of the Indian Health Care Improvement Act shall 
be available for two fiscal years after the fiscal year in which they 
were collected, for the purpose of achieving compliance with the 
applicable conditions and requirements of titles XVIII and XIX of the 
Social Security Act (exclusive of planning, design, or construction of 
new facilities): Provided further, That of the funds provided, 
$7,500,000 shall remain available until expended, for the Indian Self-
Determination Fund, which shall be available for the transitional costs 
of initial or expanded tribal contracts, grants or cooperative 
agreements with the Indian Health Service under the provisions of the 
Indian Self-Determination Act: Provided further, That funding contained 
herein, and in any earlier appropriations Acts for scholarship programs 
under the Indian Health Care Improvement Act (25 U.S.C. 1613) shall 
remain available for obligation until September 30, 1997: Provided 
further, That amounts received by tribes and tribal organizations under 
title IV of the Indian Health Care Improvement Act, as amended, shall 
be reported and accounted for and available to the receiving tribes and 
tribal organizations until expended.

                        indian health facilities

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

            administrative provisions, indian health service

    Appropriations in this Act to the Indian Health Service shall be 
available for services as authorized by 5 U.S.C. 3109 but at rates not 
to exceed the per diem rate equivalent to the maximum rate payable for 
senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; purchase of 
reprints; purchase, renovation and erection of modular buildings and 
renovation of existing facilities; payments for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; and for uniforms or allowances therefor as 
authorized by law (5 U.S.C. 5901-5902); and for expenses of attendance 
at meetings which are concerned with the functions or activities for 
which the appropriation is made or which will contribute to improved 
conduct, supervision, or management of those functions or activities: 
Provided, That in accordance with the provisions of the Indian Health 
Care Improvement Act, non-Indian patients may be extended health care 
at all tribally administered or Indian Health Service facilities, 
subject to charges, and the proceeds along with funds recovered under 
the Federal Medical Care Recovery Act (42 U.S.C. 2651-53) shall be 
credited to the account of the facility providing the service and shall 
be available without fiscal year limitation: Provided further, That 
notwithstanding any other law or regulation, funds transferred from the 
Department of Housing and Urban Development to the Indian Health 
Service shall be administered under Public Law 86-121 (the Indian 
Sanitation Facilities Act) and Public Law 93-638, as amended: Provided 
further, That funds appropriated to the Indian Health Service in this 
Act, except those used for administrative and program direction 
purposes, shall not be subject to limitations directed at curtailing 
Federal travel and transportation: Provided further, That the Indian 
Health Service shall neither bill nor charge those Indians who may have 
the economic means to pay unless and until such time as Congress has 
agreed upon a specific policy to do so and has directed the Indian 
Health Service to implement such a policy: Provided further, That, 
notwithstanding any other provision of law, funds previously or herein 
made available to a tribe or tribal organization through a contract, 
grant or agreement authorized by title I of the Indian Self-
Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25 
U.S.C. 450), may be deobligated and reobligated to a self-governance 
funding agreement under title III of the Indian Self-Determination and 
Education Assistance Act of 1975 and thereafter shall remain available 
to the tribe or tribal organization without fiscal year limitation: 
Provided further, That none of the funds made available to the Indian 
Health Service in this Act shall be used to implement the final rule 
published in the Federal Register on September 16, 1987, by the 
Department of Health and Human Services, relating to eligibility for 
the health care services of the Indian Health Service until the Indian 
Health Service has submitted a budget request reflecting the increased 
costs associated with the proposed final rule, and such request has 
been included in an appropriations Act and enacted into law: Provided 
further, That funds made available in this Act are to be apportioned to 
the Indian Health Service as appropriated in this Act, and accounted 
for in the appropriation structure set forth in this Act: Provided 
further, That the appropriation structure for the Indian Health Service 
may not be altered without advance approval of the House and Senate 
Committees on Appropriations.

                        DEPARTMENT OF EDUCATION

              Office of Elementary and Secondary Education

                            indian education

    For necessary expenses to carry out, to the extent not otherwise 
provided, title IX, part A, subpart 1 of the Elementary and Secondary 
Education Act of 1965, as amended, and section 215 of the Department of 
Education Organization Act, $52,500,000.

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $20,345,000, to remain 
available until expended: Provided, That funds provided in this or any 
other appropriations Act are to be used to relocate eligible 
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard 
housing, and all others certified as eligible and not included in the 
preceding categories: Provided further, That none of the funds 
contained in this or any other Act may be used by the Office of Navajo 
and Hopi Indian Relocation to evict any single Navajo or Navajo family 
who, as of November 30, 1985, was physically domiciled on the lands 
partitioned to the Hopi Tribe unless a new or replacement home is 
provided for such household: Provided further, That no relocatee will 
be provided with more than one new or replacement home: Provided 
further, That the Office shall relocate any certified eligible 
relocatees who have selected and received an approved homesite on the 
Navajo reservation or selected a replacement residence off the Navajo 
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by title XV of Public Law 
99-498 (20 U.S.C. 4401 et seq.), $5,500,000.

                        Smithsonian Institution

                         salaries and expenses

    For necessary expenses of the Smithsonian Institution, as 
authorized by law, including research in the fields of art, science, 
and history; development, preservation, and documentation of the 
National Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information and 
publications; conduct of education, training, and museum assistance 
programs; maintenance, alteration, operation, lease (for terms not to 
exceed thirty years), and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; up to 5 replacement passenger vehicles; purchase, rental, 
repair, and cleaning of uniforms for employees; $308,188,000, of which 
not to exceed $30,472,000 for the instrumentation program, collections 
acquisition, Museum Support Center equipment and move, exhibition 
reinstallation, the National Museum of the American Indian, the 
repatriation of skeletal remains program, research equipment, 
information management, and Latino programming shall remain available 
until expended and, including such funds as may be necessary to support 
American overseas research centers and a total of $125,000 for the 
Council of American Overseas Research Centers: Provided, That funds 
appropriated herein are available for advance payments to independent 
contractors performing research services or participating in official 
Smithsonian presentations.

        construction and improvements, national zoological park

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

                  repair and restoration of buildings

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

                              construction

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

                        National Gallery of Art

                         salaries and expenses

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

            repair, restoration and renovation of buildings

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

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

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

                              construction

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

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

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

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

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

                            matching grants

    To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as amended, 
$17,235,000, to remain available until September 30, 1997, to the 
National Endowment for the Arts, of which $7,500,000 shall be available 
for purposes of section 5(p)(1): Provided, That this appropriation 
shall be available for obligation only in such amounts as may be equal 
to the total amounts of gifts, bequests, and devises of money, and 
other property accepted by the Chairman or by grantees of the Endowment 
under the provisions of section 10(a)(2), subsections 11(a)(2)(A) and 
11(a)(3)(A) during the current and preceding fiscal years for which 
equal amounts have not previously been appropriated.

                 National Endowment for the Humanities

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $94,000,000, shall be 
available to the National Endowment for the Humanities for support of 
activities in the humanities, pursuant to section 7(c) of the Act, and 
for administering the functions of the Act, to remain available until 
September 30, 1997.

                            matching grants

    To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as amended, 
$16,000,000, to remain available until September 30, 1997, of which 
$10,000,000 shall be available to the National Endowment for the 
Humanities for the purposes of section 7(h): Provided, That this 
appropriation shall be available for obligation only in such amounts as 
may be equal to the total amounts of gifts, bequests, and devises of 
money, and other property accepted by the Chairman or by grantees of 
the Endowment under the provisions of subsections 11(a)(2)(B) and 
11(a)(3)(B) during the current and preceding fiscal years for which 
equal amounts have not previously been appropriated.

                      Institute of Museum Services

                       grants and administration

    For carrying out title II of the Arts, Humanities, and Cultural 
Affairs Act of 1976, as amended, $21,000,000, to remain available until 
September 30, 1997.

                       administrative provisions

    None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used to process any grant or contract 
documents which do not include the text of 18 U.S.C. 1913: Provided, 
That none of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used for official reception and 
representation expenses.

                        Commission of Fine Arts

                         salaries and expenses

    For expenses made necessary by the Act establishing a Commission of 
Fine Arts (40 U.S.C. 104), $834,000.

               national capital arts and cultural affairs

    For necessary expenses as authorized by Public Law 99-190 (99 Stat. 
1261; 20 U.S.C. 956(a)), as amended, $6,000,000.

               Advisory Council on Historic Preservation

                         salaries and expenses

    For expenses necessary for the Advisory Council on Historic 
Preservation, $2,500,000.

                  National Capital Planning Commission

                         salaries and expenses

    For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71-71i), including services as 
authorized by 5 U.S.C. 3109, $5,090,000: Provided, That all appointed 
members will be compensated at a rate not to exceed the rate for 
Executive Schedule Level IV.

             Franklin Delano Roosevelt Memorial Commission

                         salaries and expenses

    For necessary expenses of the Franklin Delano Roosevelt Memorial 
Commission, established by the Act of August 11, 1955 (69 Stat. 694), 
as amended by Public Law 92-332 (86 Stat. 401), $147,000, to remain 
available until September 30, 1997.

              Pennsylvania Avenue Development Corporation

                           public development

    Funds made available under this heading in prior years shall be 
available for operating and administrative expenses and for the orderly 
closure of the Corporation, as well as operating and administrative 
expenses for the functions transferred to the General Services 
Administration.

                              (rescission)

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

                United States Holocaust Memorial Council

                       holocaust memorial council

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

                     TITLE III--GENERAL PROVISIONS

    Sec. 301. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 302. No part of any appropriation under this Act shall be 
available to the Secretary of the Interior or the Secretary of 
Agriculture for the leasing of oil and natural gas by noncompetitive 
bidding on publicly owned lands within the boundaries of the Shawnee 
National Forest, Illinois: Provided, That nothing herein is intended to 
inhibit or otherwise affect the sale, lease, or right to access to 
minerals owned by private individuals.
    Sec. 303. No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or 
opposition to any legislative proposal on which congressional action is 
not complete.
    Sec. 304. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 305. None of the funds provided in this Act to any department 
or agency shall be obligated or expended to provide a personal cook, 
chauffeur, or other personal servants to any officer or employee of 
such department or agency except as otherwise provided by law.
    Sec. 306. No assessments may be levied against any program, budget 
activity, subactivity, or project funded by this Act unless notice of 
such assessments and the basis therefor are presented to the Committees 
on Appropriations and are approved by such Committees.
    Sec. 307. (a) Compliance With Buy American Act.--None of the funds 
made available in this Act may be expended by an entity unless the 
entity agrees that in expending the funds the entity will comply with 
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c; 
popularly known as the ``Buy American Act'').
    (b) Sense of Congress; Requirement Regarding Notice.--
            (1) Purchase of american-made equipment and products.--In 
        the case of any equipment or product that may be authorized to 
        be purchased with financial assistance provided using funds 
        made available in this Act, it is the sense of the Congress 
        that entities receiving the assistance should, in expending the 
        assistance, purchase only American-made equipment and products.
            (2) Notice to recipients of assistance.--In providing 
        financial assistance using funds made available in this Act, 
        the head of each Federal agency shall provide to each recipient 
        of the assistance a notice describing the statement made in 
        paragraph (1) by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to 
receive any contract or subcontract made with funds made available in 
this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 308. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant 
sequoia (sequoiadendron giganteum) which are located on National Forest 
System or Bureau of Land Management lands in a manner different than 
such sales were conducted in fiscal year 1995.
    Sec. 309. None of the funds made available by this Act may be 
obligated or expended by the National Park Service to enter into or 
implement a concession contract which permits or requires the removal 
of the underground lunchroom at the Carlsbad Caverns National Park.
    Sec. 310. Where the actual costs of construction projects under 
self-determination contracts, compacts, or grants, pursuant to Public 
Laws 93-638, 103-413, or 100-297, are less than the estimated costs 
thereof, use of the resulting excess funds shall be determined by the 
appropriate Secretary after consultation with the tribes.
    Sec. 311. Notwithstanding Public Law 103-413, quarterly payments of 
funds to tribes and tribal organizations under annual funding 
agreements pursuant to section 108 of Public Law 93-638, as amended, 
may be made on the first business day following the first day of a 
fiscal quarter.
    Sec. 312. None of funds appropriated or otherwise made available by 
this Act may be used for the AmeriCorps program, unless the relevant 
agencies of the Department of the Interior and/or Agriculture follow 
appropriate reprogramming guidelines: Provided, That if no funds are 
provided for the AmeriCorps program by the VA-HUD and Independent 
Agencies fiscal year 1996 appropriations bill, then none of the funds 
appropriated or otherwise made available by this Act may be used for 
the AmeriCorps programs.
    Sec. 313. (a) On or before April 1, 1996, the Pennsylvania Avenue 
Development Corporation shall--
            (1) transfer and assign in accordance with this section all 
        of its rights, title, and interest in and to all of the leases, 
        covenants, agreements, and easements it has executed or will 
        execute by March 31, 1996, in carrying out its powers and 
        duties under the Pennsylvania Avenue Development Corporation 
        Act (40 U.S.C. 871-885) and the Federal Triangle Development 
        Act (40 U.S.C. 1101-1109) to the General Services 
        Administration, National Capital Planning Commission, or the 
        National Park Service; and
            (2) except as provided by subsection (d), transfer all 
        rights, title, and interest in and to all property, both real 
        and personal, held in the name of the Pennsylvania Avenue 
        Development Corporation to the General Services Administration.
    (b) The responsibilities of the Pennsylvania Avenue Development 
Corporation transferred to the General Services Administration under 
subsection (a) include, but are not limited to, the following:
            (1) Collection of revenue owed the Federal Government as a 
        result of real estate sales or lease agreements entered into by 
        the Pennsylvania Avenue Development Corporation and private 
        parties, including, at a minimum, with respect to the following 
        projects:
                    (A) The Willard Hotel property on Square 225.
                    (B) The Gallery Row project on Square 457.
                    (C) The Lansburgh's project on Square 431.
                    (D) The Market Square North project on Square 407.
            (2) Collection of sale or lease revenue owed the Federal 
        Government (if any) in the event two undeveloped sites owned by 
        the Pennsylvania Avenue Development Corporation on Squares 457 
        and 406 are sold or leased prior to April 1, 1996.
            (3) Application of collected revenue to repay United States 
        Treasury debt incurred by the Pennsylvania Avenue Development 
        Corporation in the course of acquiring real estate.
            (4) Performing financial audits for projects in which the 
        Pennsylvania Avenue Development Corporation has actual or 
        potential revenue expectation, as identified in paragraphs (1) 
        and (2), in accordance with procedures described in applicable 
        sale or lease agreements.
            (5) Disposition of real estate properties which are or 
        become available for sale and lease or other uses.
            (6) Payment of benefits in accordance with the Uniform 
        Relocation Assistance and Real Property Acquisitions Policies 
        Act of 1970 to which persons in the project area squares are 
        entitled as a result of the Pennsylvania Avenue Development 
        Corporation's acquisition of real estate.
            (7) Carrying out the responsibilities of the Pennsylvania 
        Avenue Development Corporation under the Federal Triangle 
        Development Act (40 U.S.C. 1101-1109), including 
        responsibilities for managing assets and liabilities of the 
        Corporation under such Act.
    (c) In carrying out the responsibilities of the Pennsylvania Avenue 
Development Corporation transferred under this section, the 
Administrator of the General Services Administration shall have the 
following powers:
            (1) To acquire lands, improvements, and properties by 
        purchase, lease or exchange, and to sell, lease, or otherwise 
        dispose of real or personal property as necessary to complete 
        the development plan developed under section 5 of the 
        Pennsylvania Avenue Development Corporation Act of 1972 (40 
        U.S.C. 874) if a notice of intention to carry out such 
        acquisition or disposal is first transmitted to the Committee 
        on Transportation and Infrastructure and the Committee on 
        Appropriations of the House of Representatives and the 
        Committee on Environment and Public Works and the Committee on 
        Appropriations of the Senate and at least 60 days elapse after 
        the date of such transmission.
            (2) To modify from time to time the plan referred to in 
        paragraph (1) if such modification is first transmitted to the 
        Committee on Transportation and Infrastructure and the 
        Committee on Appropriations of the House of Representatives and 
        the Committee on Environment and Public Works and the Committee 
        on Appropriations of the Senate and at least 60 days elapse 
        after the date of such transmission.
            (3) To maintain any existing Pennsylvania Avenue 
        Development Corporation insurance programs.
            (4) To enter into and perform such leases, contracts, or 
        other transactions with any agency or instrumentality of the 
        United States, the several States, or the District of Columbia 
        or with any person, firm, association, or corporation as may be 
        necessary to carry out the responsibilities of the Pennsylvania 
        Avenue Development Corporation under the Federal Triangle 
        Development Act (40 U.S.C. 1101-1109).
            (5) To request the Council of the District of Columbia to 
        close any alleys necessary for the completion of development in 
        Square 457.
            (6) To use all of the funds transferred from the 
        Pennsylvania Avenue Development Corporation or income earned on 
        Pennsylvania Avenue Development Corporation property to 
        complete any pending development projects.
    (d)(1)(A) On or before April 1, 1996, the Pennsylvania Avenue 
Development Corporation shall transfer all its right, title, and 
interest in and to the property described in subparagraph (B) to the 
National Park Service, Department of the Interior.
    (B) The property referred to in subparagraph (A) is the property 
located within the Pennsylvania Avenue National Historic Site depicted 
on a map entitled ``Pennsylvania Avenue National Historic Park'', dated 
June 1, 1995, and numbered 840-82441, which shall be on file and 
available for public inspection in the offices of the National Park 
Service, Department of the Interior. The Pennsylvania Avenue National 
Historic Site includes the parks, plazas, sidewalks, special lighting, 
trees, sculpture, and memorials.
    (2) Jurisdiction of Pennsylvania Avenue and all other roadways from 
curb to curb shall remain with the District of Columbia but vendors 
shall not be permitted to occupy street space except during temporary 
special events.
    (3) The National Park Service shall be responsible for management, 
administration, maintenance, law enforcement, visitor services, 
resource protection, interpretation, and historic preservation at the 
Pennsylvania Avenue National Historic Site.
    (4) The National Park Service may enter into contracts, cooperative 
agreements, or other transactions with any agency or instrumentality of 
the United States, the several States, or the District of Columbia or 
with any person, firm, association, or corporation as may be deemed 
necessary or appropriate for the conduct of special events, festivals, 
concerts, or other art and cultural programs at the Pennsylvania Avenue 
National Historic Site or may establish a nonprofit foundation to 
solicit funds for such activities.
    (e) Notwithstanding any other provision of law, the responsibility 
for ensuring that development or redevelopment in the Pennsylvania 
Avenue area is carried out in accordance with the Pennsylvania Avenue 
Development Corporation Plan--1974, as amended, is transferred to the 
National Capital Planning Commission or its successor commencing April 
1, 1996.
    (f) Savings Provisions.--
            (1) Regulations.--Any regulations prescribed by the 
        Corporation in connection with the Pennsylvania Avenue 
        Development Corporation Act of 1972 (40 U.S.C. 871-885) and the 
        Federal Triangle Development Act (40 U.S.C. 1101-1109) shall 
        continue in effect until suspended by regulations prescribed by 
        the Administrator of the General Services Administration.
            (2) Existing rights, duties, and obligations not 
        affected.--Subsection (a) shall not be construed as affecting 
        the validity of any right, duty, or obligation of the United 
        States or any other person arising under or pursuant to any 
        contract, loan, or other instrument or agreement which was in 
        effect on the day before the date of the transfers under 
        subsection (a).
            (3) Continuation of suits.--No action or other proceeding 
        commenced by or against the Corporation in connection with 
        administration of the Pennsylvania Avenue Development 
        Corporation Act of 1972 (40 U.S.C. 871-885) and the Federal 
        Triangle Development Act (40 U.S.C. 1101-1109) shall abate by 
        reason of enactment and implementation of this Act, except that 
        the General Services Administration shall be substituted for 
        the Corporation as a party to any such action or proceeding.
    (g) Section 3(b) of the Pennsylvania Avenue Development Corporation 
Act of 1972 (40 U.S.C. 872(b)) is amended as follows:
    ``(b) The Corporation shall be dissolved on or before April 1, 
1996. Upon dissolution, assets, obligations, indebtedness, and all 
unobligated and unexpended balances of the Corporation shall be 
transferred in accordance with the Department of the Interior and 
Related Agencies Appropriations Act, 1996.''.
    Sec. 314. (a) Except as provided in subsection (b), no part of any 
appropriation contained in this Act or any other Act shall be obligated 
or expended for the operation or implementation of the Interior 
Columbia Basin Ecosystem Management Project (hereinafter ``Project'').
    (b) From the funds appropriated to the Forest Service and Bureau of 
Land Management: a sum of $4,000,000 is made available for the 
Executive Steering Committee of the Project to publish, and submit to 
the Congress, by May 31, 1996, an assessment of the National Forest 
System lands and lands administered by the Bureau of Land Management 
within the area encompassed by the Project. The assessment shall be 
accompanied by two draft Environmental Impact Statements that: are not 
decisional and not subject to judicial review; contain a range of 
alternatives, without the identification of a preferred alternative or 
management recommendation; and provide a methodology for conducting any 
cumulative effects analysis required by section 102(2) of the National 
Environmental Policy Act (42 U.S.C. 433(2)) in the preparation of 
amendments to resource management plans pursuant to subsection (c). The 
assessment shall incorporate all existing relevant scientific 
information including, but not limited to, information on landscape 
dynamics, forest and rangeland health conditions, fisheries, and 
watersheds and the implications of each as they relate to federal 
forest and rangeland health. The assessment and draft Environmental 
Impact Statements shall not be: the subject of consultation or 
conferencing pursuant to section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536); accompanied by any record of decision or other 
National Environmental Policy Act documentation; or applied or used to 
regulate non-federal lands. The Executive Steering Committee shall 
release the draft Environmental Impact Statements for a ninety day 
public comment period and include a summary of the public comments 
received in the submission to Congress.
    (c)(1) From the funds appropriated to the Forest Service and the 
Bureau of Land Management, based on the documents prepared pursuant to 
subsection (b) and any other guidance or policy issued prior to the 
date of enactment of this section, and in consultation with the 
affected Governor, and county commissioners, each Forest Supervisor and 
District Manager with responsibility for a national forest or a unit of 
land administered by the Bureau of Land Management (hereinafter 
``forest'') within the area encompassed by the Project shall review the 
resource management plan (hereinafter ``plan'') for such forest and 
develop, by an amendment to such plan, a modification of or alternative 
to any policy which is applicable to such plan upon the date of 
enactment of this section (whether or not such policy has been added to 
such plan by amendment), including any policy which is, or is intended 
to be, of limited duration, and which the Project addresses, to meet 
the specific conditions of such forest. Each amendment shall: contain 
the modified or alternative policy developed pursuant to this 
paragraph, be directed solely to and affect only such plan; address the 
specific conditions of the forest to which the plan applies and the 
relationship of the modified or alternative policy to such conditions; 
and, to the maximum extent practicable, establish site-specific 
standards in lieu of imposing general standards applicable to multiple 
sites.
    (2)(A) Each amendment prepared pursuant to paragraph (1) shall 
comply with any applicable requirements of section 102(2) of the 
National Environmental Policy Act, except that any cumulative effects 
analysis conducted in accordance with the methodology provided pursuant 
to subsection (b) shall be deemed to meet any requirement of such Act 
for such analysis.
    (B) Any policy adopted in an amendment prepared pursuant to 
paragraph (1) which is a modification of or alternative to a policy 
referred to in paragraph (1) upon which consultation or conferencing 
has occurred pursuant to section 7 of the Endangered Species Act of 
1973 shall not again be subject to the consultation or conferencing 
provisions of such section 7. Any other consultation or conferencing 
required by such section 7 shall be conducted separately on each 
amendment prepared pursuant to paragraph (1): Provided, That, except as 
provided in this subparagraph, no other consultation shall be 
undertaken on such amendments, on any project or activity which is 
consistent with an applicable amendment, on any policy referred to in 
paragraph (1), or on any portion of any plan related to such policy or 
the species to which such policy applies.
    (3) Each amendment prepared pursuant to paragraph (1) shall be 
adopted on or before March 31, 1997, and no policy referred to in 
paragraph (1), or any provision of a plan or other planning document 
incorporating such policy, shall be effective in any forest subject to 
the Project on or after such date, or after an amendment to the plan 
which applies to such forest is adopted pursuant to this subsection, 
whichever occurs first.
    (4) On the signing of a record of decision or equivalent document 
making an amendment for the Clearwater National Forest pursuant to 
paragraph (1), the requirement for revision referred to in this 
Stipulation of Dismissal dated September 13, 1993, applicable to such 
Forest is deemed to be satisfied, and the interim management direction 
provisions contained in the Stipulation of Dismissal shall be of no 
further effect with respect to such Forest.
    Sec. 315. Recreational Fee Demonstration Program.--(a) The 
Secretary of the Interior (acting through the Bureau of Land 
Management, the National Park Service and the United States Fish and 
Wildlife Service) and the Secretary of Agriculture (acting through the 
Forest Service) shall each implement a fee program to demonstrate the 
feasibility of user-generated cost recovery for the operation and 
maintenance of recreation areas or sites and habitat enhancement 
projects on Federal lands.
    (b) In carrying out the pilot program established pursuant to this 
section, the appropriate Secretary shall select from areas under the 
jurisdiction of each of the four agencies referred to in subsection (a) 
no fewer than 10, but as many as 50, areas, sites or projects for fee 
demonstration. For each such demonstration, the Secretary, 
notwithstanding any other provision of law--
            (1) shall charge and collect fees for admission to the area 
        or for the use of outdoor recreation sites, facilities, visitor 
        centers, equipment, and services by individuals and groups, or 
        any combination thereof;
            (2) shall establish fees under this section based upon a 
        variety of cost recovery and fair market valuation methods to 
        provide a broad basis for feasibility testing;
            (3) may contract, including provisions for reasonable 
        commissions, with any public or private entity to provide 
        visitor services, including reservations and information, and 
        may accept services of volunteers to collect fees charged 
        pursuant to paragraph (1);
            (4) may encourage private investment and partnerships to 
        enhance the delivery of quality customer services and resource 
        enhancement, and provide appropriate recognition to such 
        partners or investors; and
            (5) may assess a fine of not more than $100 for any 
        violation of the authority to collect fees for admission to the 
        area or for the use of outdoor recreation sites, facilities, 
        visitor centers, equipment, and services.
    (c)(1) Amounts collected at each fee demonstration area, site or 
project shall be distributed as follows:
            (A) Of the amount in excess of 104% of the amount collected 
        in fiscal year 1995, and thereafter annually adjusted upward by 
        4%, eighty percent to a special account in the Treasury for use 
        without further appropriation, by the agency which administers 
        the site, to remain available for expenditures in accordance 
        with paragraph (2)(A).
            (B) Of the amount in excess of 104% of the amount collected 
        in fiscal year 1995, and thereafter annually adjusted upward by 
        4%, twenty percent to a special account in the Treasury for use 
        without further appropriation, by the agency which administers 
        the site, to remain available for expenditure in accordance 
        with paragraph (2)(B).
            (C) For agencies other than the Fish and Wildlife Service, 
        up to 15% of current year collections of each agency, but not 
        greater than fee collection costs for that fiscal year, to 
        remain available for expenditure without further appropriation 
        in accordance with paragraph (2)(C).
            (D) For agencies other than the Fish and Wildlife Service, 
        the balance to the special account established pursuant to 
        subparagraph (A) of section 4(i)(1) of the Land and Water 
        Conservation Fund Act, as amended.
            (E) For the Fish and Wildlife Service, the balance shall be 
        distributed in accordance with section 201(c) of the Emergency 
        Wetlands Resources Act.
    (2)(A) Expenditures from site specific special funds shall be for 
further activities of the area, site or project from which funds are 
collected, and shall be accounted for separately.
    (B) Expenditures from agency specific special funds shall be for 
use on an agency-wide basis and shall be accounted for separately.
    (C) Expenditures from the fee collection support fund shall be used 
to cover fee collection costs in accordance with section 4(i)(1)(B) of 
the Land and Water Conservation Fund Act, as amended: Provided, That 
funds unexpended and unobligated at the end of the fiscal year shall 
not be deposited into the special account established pursuant to 
section 4(i)(1)(A) of said Act and shall remain available for 
expenditure without further appropriation.
    (3) In order to increase the quality of the visitor experience at 
public recreational areas and enhance the protection of resources, 
amounts available for expenditure under this section may only be used 
for the area, site or project concerned, for backlogged repair and 
maintenance projects (including projects relating to health and safety) 
and for interpretation, signage, habitat or facility enhancement, 
resource preservation, annual operation (including fee collection), 
maintenance, and law enforcement relating to public use. The agencywide 
accounts may be used for the same purposes set forth in the preceding 
sentence, but for areas, sites or projects selected at the discretion 
of the respective agency head.
    (d)(1) Amounts collected under this section shall not be taken into 
account for the purposes of the Act of May 23, 1908 and the Act of 
March 1, 1911 (16 U.S.C. 500), the Act of March 4, 1913 (16 U.S.C. 
501), the Act of July 22, 1937 (7 U.S.C. 1012), the Act of August 8, 
1937 and the Act of May 24, 1939 (43 U.S.C. 1181f et seq.), the Act of 
June 14, 1926 (43 U.S.C. 869-4), chapter 69 of title 31, United States 
Code, section 401 of the Act of June 15, 1935 (16 U.S.C. 715s), the 
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l), and any 
other provision of law relating to revenue allocation.
    (2) Fees charged pursuant to this section shall be in lieu of fees 
charged under any other provision of law.
    (e) The Secretary of the Interior and the Secretary of Agriculture 
shall carry out this section without promulgating regulations.
    (f) The authority to collect fees under this section shall commence 
on October 1, 1995, and end on September 30, 1998. Funds in accounts 
established shall remain available through September 30, 2001.
    Sec. 316. Section 2001(a)(2) of Public Law 104-19 is amended as 
follows: Strike ``September 30, 1997'' and insert in lieu thereof 
``December 31, 1996''.
    Sec. 317. None of the funds made available in this Act may be used 
for any program, project, or activity when it is made known to the 
Federal entity or official to which the funds are made available that 
the program, project, or activity is not in compliance with any 
applicable Federal law relating to risk assessment, the protection of 
private property rights, or unfunded mandates.
    Sec. 318. None of the funds provided in this Act may be made 
available for the Mississippi River Corridor Heritage Commission.
    Sec. 319. Great Basin National Park.--Section 3 of the Great Basin 
National Park Act of 1986 (16 U.S.C. 410mm-1) is amended--
            (1) in the first sentence of subsection (e) by striking 
        ``shall'' and inserting ``may''; and
            (2) in subsection (f)--
                    (A) by striking ``At the request'' and inserting 
                the following:
            ``(1) Exchanges.--At the request'';
                    (B) by striking ``grazing permits'' and inserting 
                ``grazing permits and grazing leases''; and
                    (C) by adding after ``Federal lands.'' the 
                following:
            ``(2) Acquisition by donation.--
                    (A) In general.--The Secretary may acquire by 
                donation valid existing permits and grazing leases 
                authorizing grazing on land in the park.
                    (B) Termination.--The Secretary shall terminate a 
                grazing permit or grazing lease acquired under 
                subparagraph (A) so as to end grazing previously 
                authorized by the permit or lease.''.
    Sec. 320. None of the funds made available in this Act shall be 
used by the Department of Energy in implementing the Codes and 
Standards Program to propose, issue, or prescribe any new or amended 
standard: Provided, That this section shall expire on September 30, 
1996: Provided further, That nothing in this section shall preclude the 
Federal Government from promulgating rules concerning energy efficiency 
standards for the construction of new federally-owned commercial and 
residential buildings.
    Sec. 321. None of the funds made available in this Act may be used 
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis 
Island; or (2) to prevent pedestrian use of such bridge, when it is 
made known to the Federal official having authority to obligate or 
expend such funds that such pedestrian use is consistent with generally 
accepted safety standards.
    Sec. 322. (a) None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to accept 
or process applications for a patent for any mining or mill site claim 
located under the general mining laws.
    (b) The provisions of subsection (a) shall not apply if the 
Secretary of the Interior determines that, for the claim concerned: (1) 
a patent application was filed with the Secretary on or before 
September 30, 1994, and (2) all requirements established under sections 
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or 
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised 
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the 
case may be, were fully complied with by the applicant by that date.
    (c) Processing Schedule.--For those applications for patents 
pursuant to subsection (b) which were filed with the Secretary of the 
Interior, prior to September 30, 1994, the Secretary of the Interior 
shall--
            (1) Within three months of the enactment of this Act, file 
        with the House and Senate Committees on Appropriations and the 
        Committee on Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the United States 
        Senate a plan which details how the Department of the Interior 
        will make a final determination as to whether or not an 
        applicant is entitled to a patent under the general mining laws 
        on at least 90 percent of such applications within five years 
        of the enactment of this Act and file reports annually 
        thereafter with the same committees detailing actions taken by 
        the Department of the Interior to carry out such plan; and
            (2) Take such actions as may be necessary to carry out such 
        plan.
    (d) Mineral Examinations.--In order to process patent applications 
in a timely and responsible manner, upon the request of a patent 
applicant, the Secretary of the Interior shall allow the applicant to 
fund a qualified third-party contractor to be selected by the Bureau of 
Land Managment to conduct a mineral examination of the mining claims or 
mill sites contained in a patent application as set forth in subsection 
(b). The Bureau of Land Management shall have the sole responsibility 
to choose and pay the third-party contractor in accordance with the 
standard procedures employed by the Bureau of Land Management in the 
retention of third-party contractors.
    Sec. 323. None of the funds appropriated or otherwise made 
available by this Act may be used for the purposes of acquiring lands 
in the counties of Lawrence, Monroe, or Washington, Ohio, for the Wayne 
National Forest.
    Sec. 324. No part of any appropriation contained in this Act or any 
other Act shall be expended or obligated to fund the activities of the 
Office of Forestry and Economic Development after December 31, 1995.
    Sec. 325. Amend section 2001(k) of Public Law 104-19 by striking 
``in fiscal years 1995 and 1996'' in paragraph (1) and adding paragraph 
(4) to read:
    ``(4) Timing and conditions of alternative volume.--For any sale 
subject to paragraph (2) of this subsection, the Secretary concerned 
shall, and for any other sale subject to this subsection, the Secretary 
concerned may, within 45 days of the date of enactment of this 
paragraph, reach agreement with the purchaser to identify and provide, 
by a date agreed to by the purchaser, a volume, value and kind of 
timber satisfactory to the purchaser to substitute for all or a portion 
of the timber subject to the sale, which shall be subject to the 
original terms of the contract except as otherwise agreed, and shall be 
subject to paragraph (1). After the agreed date for providing 
alternative timber the purchaser may operate the original sale under 
the terms of paragraph (1) until the Secretary concerned designates and 
the purchaser accepts alternative timber under this paragraph. Any sale 
subject to this subsection shall be awarded, released, and completed 
pursuant to paragraph (1) for a period equal to the length of the 
original contract, and shall not count against current allowable sale 
quantities or timber sales to be offered under subsections (b) and 
(d).''
    ``(5) Buy-out authorization.--The Secretary concerned is authorized 
to permit a requesting purchaser of any sale subject to this subsection 
to return to the Government all or a specific volume of timber under 
the sale contract, and shall pay to such purchaser upon tender of such 
volume a buy-out payment for such volume from any funds available to 
the Secretary concerned except from accounts governing or related to 
forest land management, fire fighting, timber sale preparation, harvest 
administration, road construction and maintenance, timber sale program 
support; any accounts associated with preparing or administering the 
sale of timber from any public lands under the jurisdiction of the 
Secretary concerned, range or minerals management; or any permanent 
appropriation or trust funds. Such volume and such payment shall be 
mutually agreed to by the Secretary and the purchaser. The authority 
provided by this paragraph to reach such agreement shall expire 45 days 
after the enactment of this paragraph.''
    Sec. 326. (a) Land Exchange.--The Secretary of the Interior 
(hereinafter referred to as the ``Secretary'') is authorized to convey 
to the Boise Cascade Corporation (hereinafter referred to as the 
``Corporation''), a corporation formed under the statutes of the State 
of Delaware, with its principal place of business at Boise, Idaho, 
title to approximately seven acres of land, more or less, located in 
sections 14 and 23, township 36 north, range 37 east, Willamette 
Meridian, Stevens County, Washington, further identified in the records 
of the Bureau of Reclamation, Department of the Interior, as Tract No. 
GC-19860, and to accept from the Corporation in exchange therefor, 
title to approximately one hundred and thirty-six acres of land located 
in section 19, township 37 north, range 38 east and section 33, 
township 38 north, range 37 east, Willamette Meridian, Stevens County, 
Washington, and further identified in the records of the Bureau of 
Reclamation, Department of the Interior, as Tract No. GC-19858 and 
Tract No. GC-19859, respectively.
    (b) Appraisal.--The properties so exchanged either shall be 
approximately equal in fair market value or if they are not 
approximately equal, shall be equalized by the payment of cash to the 
Corporation or to the Secretary as required or in the event the value 
of the Corporation's lands is greater, the acreage may be reduced so 
that the fair market value is approximately equal: Provided, That the 
Secretary shall order appraisals made of the fair market value of each 
tract of land included in the exchange without consideration for 
improvements thereon: Provided further, That any cash payment received 
by the Secretary shall be covered in the Reclamation Fund and credited 
to the Columbia Basin project.
    (c) Administrative Costs.--Costs of conducting the necessary land 
surveys, preparing the legal descriptions of the lands to be conveyed, 
performing the appraisals, and administrative costs incurred in 
completing the exchange shall be borne by the Corporation.
    (d) Liability for Hazardous Substances.--(1) The Secretary shall 
not acquire any lands under this Act if the Secretary determines that 
such lands, or any portion thereof, have become contaminated with 
hazardous substances (as defined in the Comprehensive Environmental 
Response, Compensation, and Liability Act (42 U.S.C. 9601)).
    (2) Notwithstanding any other provision of law, the United States 
shall have no responsibility or liability with respect to any hazardous 
wastes or other substances placed on any of the lands covered by this 
Act after their transfer to the ownership of any party, but nothing in 
this Act shall be construed as either diminishing or increasing any 
responsibility or liability of the United States based on the condition 
of such lands on the date of their transfer to the ownership of another 
party. The Corporation shall indemnify the United States for 
liabilities arising under the Comprehensive Environmental Response, 
Compensation, and Liability Act (42 U.S.C. 9601), and the Resource 
Conservation Recovery Act (42 U.S.C. 6901 et seq.).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the purposes of 
this Act.
    Sec. 327. Timber Sales Pipeline Restoration Funds.--(a) The 
Secretary of Agriculture and the Secretary of the Interior shall each 
establish a Timber Sales Pipeline Restoration Fund (hereinafter 
``Agriculture Fund'' and ``Interior Fund'' or ``Funds''). Any revenues 
received from sales released under section 2001(k) of the fiscal year 
1995 Supplemental Appropriations for Disaster Assistance and 
Rescissions Act, minus the funds necessary to make payments to States 
or local governments under other law concerning the distribution of 
revenues derived from the affected lands, which are in excess of 
$37,500,000 (hereinafter ``excess revenues'') shall be deposited into 
the Funds. The distribution of excess revenues between the Agriculture 
Fund and Interior Fund shall be calculated by multiplying the total of 
excess revenues times a fraction with a denominator of the total 
revenues received from all sales released under such section 2001(k) 
and numerators of the total revenues received from such sales on lands 
within the National Forest System and the total revenues received from 
such sales on lands administered by the Bureau of Land Management, 
respectively: Provided, That revenues or portions thereof from sales 
released under such section 2001(k), minus the amounts necessary for 
State and local government payments and other necessary deposits, may 
be deposited into the Funds immediately upon receipt thereof and 
subsequently redistributed between the Funds or paid into the United 
States Treasury as miscellaneous receipts as may be required when the 
calculation of excess revenues is made.
    (b)(1) From the funds deposited into the Agriculture Fund and into 
the Interior Fund pursuant to subsection (a)--
            (A) seventy-five percent shall be available, without fiscal 
        year limitation or further appropriation, for preparation of 
        timber sales, other than salvage sales as defined in section 
        2001(a)(3) of the fiscal year 1995 Supplemental Appropriations 
        for Disaster Assistance and Rescissions Act, which--
                    (i) are situated on lands within the National 
                Forest System and lands administered by the Bureau of 
                Land Management, respectively; and
                    (ii) are in addition to timber sales for which 
                funds are otherwise available in this Act or other 
                appropriations Acts; and
            (B) twenty-five percent shall be available, without fiscal 
        year limitation or further appropriation, to expend on the 
        backlog of recreation projects on lands within the National 
        Forest System and lands administered by the Bureau of Land 
        Management, respectively.
    (2) Expenditures under this subsection for preparation of timber 
sales may include expenditures for Forest Service activities within the 
forest land management budget line item and associated timber roads, 
and Bureau of Land Management activities within the Oregon and 
California grant lands account and the forestry management area 
account, as determined by the Secretary concerned.
    (c) Revenues received from any timber sale prepared under 
subsection (b) or under this subsection, minus the amounts necessary 
for State and local government payments and other necessary deposits, 
shall be deposited into the Fund from which funds were expended on such 
sale. Such deposited revenues shall be available for preparation of 
additional timber sales and completion of additional recreation 
projects in accordance with the requirements set forth in subsection 
(b).
    (d) The Secretary concerned shall terminate all payments into the 
Agriculture Fund or the Interior Fund, and pay any unobligated funds in 
the affected Fund into the United States Treasury as miscellaneous 
receipts, whenever the Secretary concerned makes a finding, published 
in the Federal Register, that sales sufficient to achieve the total 
allowable sales quantity of the National Forest System for the Forest 
Service or the allowable sales level for the Oregon and California 
grant lands for the Bureau of Land Management, respectively, have been 
prepared.
    (e) Any timber sales prepared and recreation projects completed 
under this section shall comply with all applicable environmental and 
natural resource laws and regulations.
    (f) The Secretary concerned shall report annually to the Committees 
on Appropriations of the United States Senate and the House of 
Representatives on expenditures made from the Fund for timber sales and 
recreation projects, revenues received into the Fund from timber sales, 
and timber sale preparation and recreation project work undertaken 
during the previous year and projected for the next year under the 
Fund. Such information shall be provided for each Forest Service region 
and Bureau of Land Management State office.
    (g) The authority of this section shall terminate upon the 
termination of both Funds in accordance with the provisions of 
subsection (d).
    Sec. 328. Of the funds provided to the National Endowment for the 
Arts:
            (a) The Chairperson shall only award a grant to an 
        individual if such grant is awarded to such individual for a 
        literature fellowship, National Heritage Fellowship, or 
        American Jazz Masters Fellowship.
            (b) The Chairperson shall establish procedures to ensure 
        that no funding provided through a grant, except a grant made 
        to a State or regional group, may be used to make a grant to 
        any other organization or individual to conduct activity 
        independent of the direct grant recipient. Nothing in this 
        subsection shall prohibit payments made in exchange for goods 
        and services.
            (c) No grant shall be used for seasonal support to a group, 
        unless the application is specific to the contents of the 
        season, including identified programs and/or projects.
    Sec. 329. Delay in Implementation of the Administration's Rangeland 
Reform Program.--None of the funds made available under this or any 
other Act may be used to implement or enforce the final rule published 
by the Secretary of the Interior on February 22, 1995 (60 Fed. Reg. 
9894), making amendments to parts 4, 1780, and 4100 of title 43, Code 
of Federal Regulations, to take effect August 21, 1995, until November 
21, 1995. None of the funds made available under this or any other Act 
may be used to publish proposed or enforce final regulations governing 
the management of livestock grazing on lands administered by the Forest 
Service until November 21, 1995.
    Sec. 330. Section 1864 of title 18, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (2), by striking ``twenty'' and 
                inserting ``40'';
                    (B) in paragraph (3), by striking ``ten'' and 
                inserting ``20'';
                    (C) in paragraph (4), by striking ``if damage 
                exceeding $10,000 to the property of any individual 
                results,'' and inserting ``if damage to the property of 
                any individual results or if avoidance costs have been 
                incurred exceeding $10,000, in the aggregate,''; and
                    (D) in paragraph (4), by striking ``ten'' and 
                inserting ``20'';
            (2) in subsection (c) by striking ``ten'' and inserting 
        ``20'';
            (3) in subsection (d), by--
                    (A) striking ``and'' at the end of paragraph (2);
                    (B) striking the period at the end of paragraph (3) 
                and inserting ``; and''; and
                    (C) adding at the end the following:
            ``(4) the term `avoidance costs' means costs incurred by 
        any individual for the purpose of--
                    ``(A) detecting a hazardous or injurious device; or
                    ``(B) preventing death, serious bodily injury, 
                bodily injury, or property damage likely to result from 
                the use of a hazardous or injurious device in violation 
                of subsection (a).''; and
            (4) by adding at the end thereof the following:
    ``(e) Any person injured as the result of a violation of subsection 
(a) may commence a civil action on his own behalf against any person 
who is alleged to be in violation of subsection (a). The district 
courts shall have jurisdiction, without regard to the amount in 
controversy or the citizenship of the parties, in such civil actions. 
The court may award, in addition to monetary damages for any injury 
resulting from an alleged violation of subsection (a), costs of 
litigation, including reasonable attorney and expert witness fees, to 
any prevailing or substantially prevailing party, whenever the court 
determines such award is appropriate.''.
    Sec. 331. (a) Purposes of National Endowment for the Arts.--Section 
2 of the National Foundation on the Arts and the Humanities Act of 
1965, as amended (20 U.S.C. 951), sets out findings and purposes for 
which the National Endowment for the Arts was established, among which 
are--
            (1) ``The arts and humanities belong to all the people of 
        the United States'';
            (2) ``The arts and humanities reflect the high place 
        accorded by the American people .  .  . to the fostering of 
        mutual respect for the diverse beliefs and values of all 
        persons and groups'';
            (3) ``Public funding of the arts and humanities is subject 
        to the conditions that traditionally govern the use of public 
        money [and] such funding should contribute to public support 
        and confidence in the use of taxpayer funds''; and
            (4) ``Public funds provided by the Federal Government must 
        ultimately serve public purposes the Congress defines''.
    (b) Additional Congressional Findings.--Congress further finds and 
declares that the use of scarce funds, which have been taken from all 
taxpayers of the United States, to promote, disseminate, sponsor, or 
produce any material or performance that--
            (1) denigrates the religious objects or religious beliefs 
        of the adherents of a particular religion, or
            (2) depicts or describes, in a patently offensive way, 
        sexual or excretory activities or organs,
is contrary to the express purposes of the National Foundation on the 
Arts and the Humanities Act of 1965, as amended.
    (c) Prohibition on Funding That Is Not Consistent With the Purposes 
of the Act.--Notwithstanding any other provision of law, none of the 
scarce funds which have been taken from all taxpayers of the United 
States and made available under this Act to the National Endowment for 
the Arts may be used to promote, disseminate, sponsor, or produce any 
material or performance that--
            (1) denigrates the religious objects or religious beliefs 
        of the adherents of a particular religion, or
            (2) depicts or describes, in a patently offensive way, 
        sexual or excretory activities or organs,
and this prohibition shall be strictly applied without regard to the 
content or viewpoint of the material or performance.
    (d) Section Not To Affect Other Works.--Nothing in this section 
shall be construed to affect in any way the freedom of any artist or 
performer to create any material or performance using funds which have 
not been made available under this Act to the National Endowment for 
the Arts.
    Sec. 332. For purposes related to the closure of the Bureau of 
Mines, funds made available to the United States Geological Survey, the 
United States Bureau of Mines, and the Bureau of Land Management shall 
be available for transfer, with the approval of the Secretary of the 
Interior, among the following accounts: United States Geological 
Survey, Surveys, investigations, and research; Bureau of Mines, Mines 
and minerals; and Bureau of Land Management, Management of lands and 
resources. The Secretary of Energy shall reimburse the Secretary of the 
Interior, in an amount to be determined by the Director of the Office 
of Management and Budget, for the expenses of the transferred functions 
between October 1, 1995 and the effective date of the transfers of 
function. Such transfers shall be subject to the reprogramming 
guidelines of the House and Senate Committees on Appropriations.
    Sec. 333. No funds appropriated under this or any other Act shall 
be used to review or modify sourcing areas previously approved under 
section 490(c)(3) of the Forest Resources Conservation and Shortage 
Relief Act of 1990 (Public Law 101-382) or to enforce or implement 
Federal regulations 36 CFR part 223 promulgated on September 8, 1995. 
The regulations and interim rules in effect prior to September 8, 1995 
(36 CFR 223.48, 36 CFR 223.87, 36 CFR 223 Subpart D, 36 CFR 223 Subpart 
F, and 36 CFR 261.6) shall remain in effect. The Secretary of 
Agriculture or the Secretary of the Interior shall not adopt any 
policies concerning Public Law 101-382 or existing regulations that 
would restrain domestic transportation or processing of timber from 
private lands or impose additional accountability requirements on any 
timber. The Secretary of Commerce shall extend until September 30, 
1996, the order issued under section 491(b)(2)(A) of Public Law 101-382 
and shall issue an order under section 491(b)(2)(B) of such law that 
will be effective October 1, 1996.
    Sec. 334. The National Park Service, in accordance with the 
Memorandum of Agreement between the United States National Park Service 
and the City of Vancouver dated November 4, 1994, shall permit general 
aviation on its portion of Pearson Field in Vancouver, Washington until 
the year 2022, during which time a plan and method for transitioning 
from general aviation aircraft to historic aircraft shall be completed; 
such transition to be accomplished by that date. This action shall not 
be construed to limit the authority of the Federal Aviation 
Administration over air traffic control or aviation activities at 
Pearson Field or limit operations and airspace of Portland 
International Airport.
    Sec. 335. The United States Forest Service approval of Alternative 
site 2 (ALT 2), issued on December 6, 1993, is hereby authorized and 
approved and shall be deemed to be consistent with, and permissible 
under, the terms of Public Law 100-696 (the Arizona-Idaho Conservation 
Act of 1988).
    Sec. 336. Notwithstanding any other provision of law, no funds made 
available to the Department of the Interior or the Department of 
Agriculture by this or any other act, through May 15, 1997, may be used 
to prepare, issue, or implement regulations, rules, or policies 
pursuant to Title VIII of the Alaska National Interest Lands 
Conservation Act to assert jurisdiction, management, or control over 
navigable waters transferred to the State of Alaska pursuant to the 
Submerged Lands Act of 1953 or the Alaska Statehood Act of 1959.
    Sec. 337. Upon enactment of this Act, the following provisions of 
Public Law 104-92, Public Law 104-91, and Public Law 104-99 that would 
continue to have effect after March 15, 1996, are superseded:
            Section 101 of Public Law 104-92, as amended: (1) the 
        paragraph dealing with general welfare assistance payments and 
        foster care payments funded under the account heading 
        ``Operations of Indian Programs''; and (2) the paragraph 
        dealing with the visitor services in the National Park System, 
        the National Wildlife Refuges, the National Forests, the 
        Smithsonian Institution facilities, the National Gallery of 
        Art, the John F. Kennedy Center for the Performing Arts, and 
        the United States Holocaust Memorial.
            Section 101(a) of Public Law 104-91: (1) the paragraph 
        dealing with visitor services on the public lands managed by 
        the Bureau of Land Management; and (2) the paragraph dealing 
        with Self-Determination and Self-Governance projects and 
        activities under the account heading ``Operations of Indian 
        Programs'' and the account heading ``Indian Health Service''.
            Section 123 of Public Law 104-99.
            Section 124 of Public Law 104-99.
    This Act may be cited as the ``Department of the Interior and 
Related Agencies Appropriations Act, 1996''.
    (d) Such amounts as may be necessary for programs, projects or 
activities provided for in the Departments of Labor, Health and Human 
Services, and Education, and Related Agencies Appropriations Act, 1996 
at a rate of operations and to the extent and in the manner provided as 
follows, to be effective as if it had been enacted into law as the 
regular appropriations Act:

                                 AN ACT

    Making appropriations for the Departments of Labor, Health and 
Human Services, and Education, and related agencies, for the fiscal 
year ending September 30, 1996 and for other purposes.

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For expenses necessary to carry into effect the Job Training 
Partnership Act, as amended, including the purchase and hire of 
passenger motor vehicles, the construction, alteration, and repair of 
buildings and other facilities, and the purchase of real property for 
training centers as authorized by the Job Training Partnership Act; 
title II of the Civil Rights Act of 1991; the Women in Apprenticeship 
and Nontraditional Occupations Act; National Skill Standards Act of 
1994; and the School-to-Work Opportunities Act; $3,108,978,000 plus 
reimbursements, of which $2,891,759,000 is available for obligation for 
the period July 1, 1996 through June 30, 1997; of which $121,467,000 is 
available for the period July 1, 1996 through June 30, 1999 for 
necessary expenses of construction, rehabilitation, and acquisition of 
Job Corps centers; and of which $95,000,000 shall be available from 
July 1, 1996 through September 30, 1997, for carrying out activities of 
the School-to-Work Opportunities Act: Provided, That $52,502,000 shall 
be for carrying out section 401 of the Job Training Partnership Act, 
$69,285,000 shall be for carrying out section 402 of such Act, 
$7,300,000 shall be for carrying out section 441 of such Act, 
$8,000,000 shall be for all activities conducted by and through the 
National Occupational Information Coordinating Committee under such 
Act, $745,700,000 shall be for carrying out title II, part A of such 
Act, and $126,672,000 shall be for carrying out title II, part C of 
such Act and $5,000,000 shall be available for obligation for the 
period July 1, 1995 through June 30, 1996 for employment-related 
activities of the 1996 Paralympic Games: Provided further, That no 
funds from any other appropriation shall be used to provide meal 
services at or for Job Corps centers: Provided further, That 
notwithstanding any other provision of law, the Secretary of Labor may 
waive any of the requirements contained in sections 4, 104, 105, 107, 
108, 121, 164, 204, 253, 254, 264, 301, 311, 313, 314, and 315 of the 
Job Training Partnership Act in order to assist States in improving 
State workforce development systems, pursuant to a request submitted by 
a State that has prior to the date of enactment of this Act executed a 
Memorandum of Understanding with the United States requiring such State 
to meet agreed upon outcomes: Provided further, That funds used from 
this Act to carry out title III of the Job Training Partnership Act 
shall not be subject to the limitation contained in subsection (b) of 
section 315 of such Act; that the waiver allowing a reduction in the 
cost limitation relating to retraining services described in subsection 
(a)(2) of such section 315 may be granted with respect to funds from 
this Act if a substate grantee demonstrates to the Governor that such 
waiver is appropriate due to the availability of low-cost retraining 
services, is necessary to facilitate the provision of needs-related 
payments to accompany long-term training, or is necessary to facilitate 
the provision of appropriate basic readjustment services and that funds 
used from this Act to carry out the Secretary's discretionary grants 
under part B of such title III may be used to provide needs-related 
payments to participants who, in lieu of meeting the requirements 
relating to enrollment in training under section 314(e) of such Act, 
are enrolled in training by the end of the sixth week after funds have 
been awarded: Provided further, That service delivery areas may 
transfer funding provided herein under authority of title II-C of the 
Job Training Partnership Act to the program authorized by title II-B of 
that Act, if such transfer is approved by the Governor: Provided 
further, That service delivery areas and substate areas may transfer 
funding provided herein under authority of title II-A and title III of 
the Job Training Partnership Act between the programs authorized by 
those titles of the Act, if such transfer is approved by the Governor: 
Provided further, That, notwithstanding any other provision of law, any 
proceeds from the sale of Job Corps Center facilities shall be retained 
by the Secretary of Labor to carry out the Job Corps program.

            community service employment for older americans

    To carry out the activities for national grants or contracts with 
public agencies and public or private nonprofit organizations under 
paragraph (1)(A) of section 506(a) of title V of the Older Americans 
Act of 1965, as amended, or to carry out older worker activities as 
subsequently authorized, $273,000,000.
    To carry out the activities for grants to States under paragraph 
(3) of section 506(a) of title V of the Older Americans Act of 1965, as 
amended, or to carry out older worker activities as subsequently 
authorized, $77,000,000.

              federal unemployment benefits and allowances

    For payments during the current fiscal year of trade adjustment 
benefit payments and allowances under part I, and for training, for 
allowances for job search and relocation, and for related State 
administrative expenses under part II, subchapters B and D, chapter 2, 
title II of the Trade Act of 1974, as amended, $346,100,000, together 
with such amounts as may be necessary to be charged to the subsequent 
appropriation for payments for any period subsequent to September 15 of 
the current year.

     state unemployment insurance and employment service operations

    For activities authorized by the Act of June 6, 1933, as amended 
(29 U.S.C. 49-49l-1; 39 U.S.C. 3202(a)(1)(E)); title III of the Social 
Security Act, as amended (42 U.S.C. 502-504); necessary administrative 
expenses for carrying out 5 U.S.C. 8501-8523, and sections 225, 231-
235, 243-244, and 250(d)(1), 250(d)(3), title II of the Trade Act of 
1974, as amended; as authorized by section 7c of the Act of June 6, 
1933, as amended, necessary administrative expenses under sections 
101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3), (n)(1), and 218(g) (1), 
(2), and (3), and 258(c) of the Immigration and Nationality Act, as 
amended (8 U.S.C. 1101 et seq.); necessary administrative expenses to 
carry out section 221(a) of the Immigration Act of 1990, $117,328,000, 
together with not to exceed $3,104,194,000 (including not to exceed 
$1,653,000 which may be used for amortization payments to States which 
had independent retirement plans in their State employment service 
agencies prior to 1980, and including not to exceed $2,000,000 which 
may be obligated in contracts with non-State entities for activities 
such as occupational and test research activities which benefit the 
Federal-State Employment Service System), which may be expended from 
the Employment Security Administration account in the Unemployment 
Trust Fund, and of which the sums available in the allocation for 
activities authorized by title III of the Social Security Act, as 
amended (42 U.S.C. 502-504), and the sums available in the allocation 
for necessary administrative expenses for carrying out 5 U.S.C. 8501-
8523, shall be available for obligation by the States through December 
31, 1996, except that funds used for automation acquisitions shall be 
available for obligation by States through September 30, 1998; and of 
which $115,452,000, together with not to exceed $738,283,000 of the 
amount which may be expended from said trust fund shall be available 
for obligation for the period July 1, 1996, through June 30, 1997, to 
fund activities under the Act of June 6, 1933, as amended, including 
the cost of penalty mail made available to States in lieu of allotments 
for such purpose, and of which $216,333,000 shall be available only to 
the extent necessary for additional State allocations to administer 
unemployment compensation laws to finance increases in the number of 
unemployment insurance claims filed and claims paid or changes in a 
State law: Provided, That to the extent that the Average Weekly Insured 
Unemployment (AWIU) for fiscal year 1996 is projected by the Department 
of Labor to exceed 2.785 million, an additional $28,600,000 shall be 
available for obligation for every 100,000 increase in the AWIU level 
(including a pro rata amount for any increment less than 100,000) from 
the Employment Security Administration Account of the Unemployment 
Trust Fund: Provided further, That funds appropriated in this Act which 
are used to establish a national one-stop career center network may be 
obligated in contracts, grants or agreements with non-State entities: 
Provided further, That funds appropriated under this Act for activities 
authorized under the Wagner-Peyser Act, as amended, and title III of 
the Social Security Act, may be used by the States to fund integrated 
Employment Service and Unemployment Insurance automation efforts, 
notwithstanding cost allocation principles prescribed under Office of 
Management and Budget Circular A-87.

        advances to the unemployment trust fund and other funds

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

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

                              (rescission)

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

        payments to the unemployment trust fund and other funds

                              (rescission)

    Of the amounts remaining unobligated under this heading as of 
September 30, 1995, $266,000,000 are hereby rescinded.

                         program administration

    For expenses of administering employment and training programs and 
for carrying out section 908 of the Social Security Act, $83,054,000, 
together with not to exceed $40,793,000, which may be expended from the 
Employment Security Administration account in the Unemployment Trust 
Fund.

              Pension and Welfare Benefits Administration

                         salaries and expenses

    For necessary expenses for Pension and Welfare Benefits 
Administration, $65,198,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation is authorized to make such 
expenditures, including financial assistance authorized by section 104 
of Public Law 96-364, within limits of funds and borrowing authority 
available to such Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of the Government Corporation Control Act, as 
amended (31 U.S.C. 9104), as may be necessary in carrying out the 
program through September 30, 1996, for such Corporation: Provided, 
That not to exceed $10,603,000 shall be available for administrative 
expenses of the Corporation: Provided further, That expenses of such 
Corporation in connection with the collection of premiums, the 
termination of pension plans, for the acquisition, protection or 
management, and investment of trust assets, and for benefits 
administration services shall be considered as non-administrative 
expenses for the purposes hereof, and excluded from the above 
limitation.

                  Employment Standards Administration

                         salaries and expenses

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $254,756,000, together with 
$978,000 which may be expended from the Special Fund in accordance with 
sections 39(c) and 44(j) of the Longshore and Harbor Workers' 
Compensation Act: Provided, That the Secretary of Labor is authorized 
to accept, retain, and spend, until expended, in the name of the 
Department of Labor, all sums of money ordered to be paid to the 
Secretary of Labor, in accordance with the terms of the Consent 
Judgment in Civil Action No. 91-0027 of the United States District 
Court for the District of the Northern Mariana Islands (May 21, 1992): 
Provided further, That the Secretary of Labor is authorized to 
establish and, in accordance with 31 U.S.C. 3302, collect and deposit 
in the Treasury fees for processing applications and issuing 
certificates under sections 11(d) and 14 of the Fair Labor Standards 
Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing 
applications and issuing registrations under Title I of the Migrant and 
Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1801 et seq.

                            special benefits

                     (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by title 5, chapter 81 of the United States 
Code; continuation of benefits as provided for under the head 
``Civilian War Benefits'' in the Federal Security Agency Appropriation 
Act, 1947; the Employees' Compensation Commission Appropriation Act, 
1944; and sections 4(c) and 5(f) of the War Claims Act of 1948 (50 
U.S.C. App. 2012); and 50 per centum of the additional compensation and 
benefits required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, as amended, $218,000,000 together with such amounts 
as may be necessary to be charged to the subsequent year appropriation 
for the payment of compensation and other benefits for any period 
subsequent to August 15 of the current year: Provided, That such sums 
as are necessary may be used under section 8104 of title 5, United 
States Code, by the Secretary to reimburse an employer, who is not the 
employer at the time of injury, for portions of the salary of a 
reemployed, disabled beneficiary: Provided further, That balances of 
reimbursements unobligated on September 30, 1995, shall remain 
available until expended for the payment of compensation, benefits, and 
expenses: Provided further, That in addition there shall be transferred 
to this appropriation from the Postal Service and from any other 
corporation or instrumentality required under section 8147(c) of title 
5, United States Code, to pay an amount for its fair share of the cost 
of administration, such sums as the Secretary of Labor determines to be 
the cost of administration for employees of such fair share entities 
through September 30, 1996: Provided further, That of those funds 
transferred to this account from the fair share entities to pay the 
cost of administration, $19,383,000 shall be made available to the 
Secretary of Labor for expenditures relating to capital improvements in 
support of Federal Employees' Compensation Act administration, and the 
balance of such funds shall be paid into the Treasury as miscellaneous 
receipts: Provided further, That the Secretary may require that any 
person filing a notice of injury or a claim for benefits under 
Subchapter 5, U.S.C., chapter 81, or under subchapter 33, U.S.C. 901, 
et seq. (the Longshore and Harbor Workers' Compensation Act, as 
amended), provide as part of such notice and claim, such identifying 
information (including Social Security account number) as such 
regulations may prescribe.

                    black lung disability trust fund

                     (including transfer of funds)

    For payments from the Black Lung Disability Trust Fund, 
$996,763,000, of which $949,494,000 shall be available until September 
30, 1997, for payment of all benefits as authorized by section 9501(d) 
(1), (2), (4), and (7), of the Internal Revenue Code of 1954, as 
amended, and interest on advances as authorized by section 9501(c)(2) 
of that Act, and of which $27,350,000 shall be available for transfer 
to Employment Standards Administration, Salaries and Expenses, and 
$19,621,000 for transfer to Departmental Management, Salaries and 
Expenses, and $298,000 for transfer to Departmental Management, Office 
of Inspector General, for expenses of operation and administration of 
the Black Lung Benefits program as authorized by section 9501(d)(5)(A) 
of that Act: Provided, That in addition, such amounts as may be 
necessary may be charged to the subsequent year appropriation for the 
payment of compensation, interest, or other benefits for any period 
subsequent to August 15 of the current year: Provided further, That in 
addition such amounts shall be paid from this fund into miscellaneous 
receipts as the Secretary of the Treasury determines to be the 
administrative expenses of the Department of the Treasury for 
administering the fund during the current fiscal year, as authorized by 
section 9501(d)(5)(B) of that Act.

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $288,985,000 including not to exceed $70,615,000 which 
shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act, which grants 
shall be no less than fifty percent of the costs of State occupational 
safety and health programs required to be incurred under plans approved 
by the Secretary under section 18 of the Occupational Safety and Health 
Act of 1970; and, in addition, notwithstanding 31 U.S.C. 3302, the 
Occupational Safety and Health Administration may retain up to $750,000 
per fiscal year of training institute course tuition fees, otherwise 
authorized by law to be collected, and may utilize such sums for 
occupational safety and health training and education grants: Provided, 
That none of the funds appropriated under this paragraph shall be 
obligated or expended to prescribe, issue, administer, or enforce any 
standard, rule, regulation, or order under the Occupational Safety and 
Health Act of 1970 which is applicable to any person who is engaged in 
a farming operation which does not maintain a temporary labor camp and 
employs ten or fewer employees: Provided further, That no funds 
appropriated under this paragraph shall be obligated or expended to 
administer or enforce any standard, rule, regulation, or order under 
the Occupational Safety and Health Act of 1970 with respect to any 
employer of ten or fewer employees who is included within a category 
having an occupational injury lost workday case rate, at the most 
precise Standard Industrial Classification Code for which such data are 
published, less than the national average rate as such rates are most 
recently published by the Secretary, acting through the Bureau of Labor 
Statistics, in accordance with section 24 of that Act (29 U.S.C. 673), 
except--
            (1) to provide, as authorized by such Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by such Act with respect 
        to imminent dangers;
            (4) to take any action authorized by such Act with respect 
        to health hazards;
            (5) to take any action authorized by such Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by such Act; and
            (6) to take any action authorized by such Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs ten or fewer employees.

                 Mine Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $196,673,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles; the Secretary is 
authorized to accept lands, buildings, equipment, and other 
contributions from public and private sources and to prosecute projects 
in cooperation with other agencies, Federal, State, or private; the 
Mine Safety and Health Administration is authorized to promote health 
and safety education and training in the mining community through 
cooperative programs with States, industry, and safety associations; 
and any funds available to the Department may be used, with the 
approval of the Secretary, to provide for the costs of mine rescue and 
survival operations in the event of a major disaster: Provided, That 
none of the funds appropriated under this paragraph shall be obligated 
or expended to carry out section 115 of the Federal Mine Safety and 
Health Act of 1977 or to carry out that portion of section 104(g)(1) of 
such Act relating to the enforcement of any training requirements, with 
respect to shell dredging, or with respect to any sand, gravel, surface 
stone, surface clay, colloidal phosphate, or surface limestone mine.

                       Bureau of Labor Statistics

                         salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $292,462,000, of 
which $11,549,000 shall be for expenses of revising the Consumer Price 
Index and shall remain available until September 30, 1997, together 
with not to exceed $49,997,000, which may be expended from the 
Employment Security Administration account in the Unemployment Trust 
Fund.

                        Departmental Management

                         salaries and expenses

    For necessary expenses for Departmental Management, including the 
hire of three sedans, and including up to $4,358,000 for the 
President's Committee on Employment of People With Disabilities, 
$140,077,000; together with not to exceed $303,000, which may be 
expended from the Employment Security Administration account in the 
Unemployment Trust Fund: Provided, That no funds made available by this 
Act may be used by the Solicitor of Labor to participate in a review in 
any United States court of appeals of any decision made by the Benefits 
Review Board under Section 21 of the Longshore and Harbor Workers' 
Compensation Act (33 U.S.C. 921) where such participation is precluded 
by the decision of the United States Supreme Court in Director, Office 
of Workers' Compensation Programs v. Newport News Shipbuilding, 115 S. 
Ct. 1278, (1995): Provided further, That no funds made available by 
this Act may be used by the Secretary of Labor after September 12, 
1996, to review a decision under the Longshore and Harbor Workers' 
Compensation Act (33 U.S.C. 901 et seq.) that has been appealed and 
that has been pending before the Benefits Review Board for more than 12 
months: Provided further, That any such decision pending a review by 
the Benefits Review Board for more than one year shall, if not acted 
upon by the Board before September 12, 1996, be considered affirmed by 
the Benefits Review Board on that date, and shall be considered the 
final order of the Board for purposes of obtaining a review in the 
United States courts of appeals: Provided further, That beginning on 
September 13, 1996, the Benefits Review Board shall make a decision on 
an appeal of a decision under the Longshore and Harbor Workers' 
Compensation Act (33 U.S.C. 901 et seq.) not later than 1 year after 
the date the appeal to the Benefits Review Board was filed; however, if 
the Benefits Review Board fails to make a decision within the 1-year 
period, the decision under review shall be considered the final order 
of the Board for purposes of obtaining a review in the United States 
courts of appeals.

                          working capital fund

    The language under this heading in Public Law 85-67, as amended, is 
further amended by adding the following before the last period: ``: 
Provided further, That within the Working Capital Fund, there is 
established an Investment in Reinvention Fund (IRF), which shall be 
available to invest in projects of the Department designed to produce 
measurable improvements in agency efficiency and significant taxpayer 
savings. Notwithstanding any other provision of law, the Secretary of 
Labor may retain up to $3,900,000 of the unobligated balances in the 
Department's annual Salaries and Expenses accounts as of September 30, 
1995, and transfer those amounts to the IRF to provide the initial 
capital for the IRF, to remain available until expended, to make loans 
to agencies of the Department for projects designed to enhance 
productivity and generate cost savings. Such loans shall be repaid to 
the IRF no later than September 30 of the fiscal year following the 
fiscal year in which the project is completed. Such repayments shall be 
deposited in the IRF, to be available without further appropriation 
action.''

        assistant secretary for veterans employment and training

    Not to exceed $170,390,000 may be derived from the Employment 
Security Administration account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4110A and 4321-4327, and Public 
Law 103-353, and which shall be available for obligation by the States 
through December 31, 1996.

                      office of inspector general

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $44,426,000, together with not to exceed $3,615,000, which may 
be expended from the Employment Security Administration account in the 
Unemployment Trust Fund.

                           GENERAL PROVISIONS

    Sec. 101. None of the funds appropriated in this title for the Job 
Corps shall be used to pay the compensation of an individual, either as 
direct costs or any proration as an indirect cost, at a rate in excess 
of $125,000.
    Sec. 102. None of the funds made available in this Act may be used 
by the Occupational Safety and Health Administration to promulgate or 
issue any proposed or final standard or guideline regarding ergonomic 
protection. Nothing in this section shall be construed to limit the 
Occupational Safety and Health Administration from conducting any peer 
reviewed risk assessment activity regarding ergonomics, including 
conducting peer reviews of the scientific basis for establishing any 
standard or guideline, direct or contracted research, or other activity 
necessary to fully establish the scientific basis for promulgating any 
standard or guideline on ergonomic protection.

                          (transfer of funds)

    Sec. 103. Not to exceed 1 percent of any appropriation made 
available for the current fiscal year for the Department of Labor in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 3 percent by any such 
transfers: Provided, That the Appropriations Committees of both Houses 
of Congress are notified at least fifteen days in advance of any 
transfers.
    This title may be cited as the ``Department of Labor Appropriations 
Act, 1996''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

    For carrying out titles II, III, VII, VIII, X, XVI, XIX, and XXVI 
of the Public Health Service Act, section 427(a) of the Federal Coal 
Mine Health and Safety Act, title V of the Social Security Act, the 
Health Care Quality Improvement Act of 1986, as amended, Public Law 
101-527, and the Native Hawaiian Health Care Act of 1988, as amended, 
$2,954,864,000, of which $411,000 shall remain available until expended 
for interest subsidies on loan guarantees made prior to fiscal year 
1981 under part B of title VII of the Public Health Service Act: 
Provided, That the Division of Federal Occupational Health may utilize 
personal services contracting to employ professional management/
administrative, and occupational health professionals: Provided 
further, That of the funds made available under this heading, $858,000 
shall be available until expended for facilities renovations at the 
Gillis W. Long Hansen's Disease Center: Provided further, That in 
addition to fees authorized by section 427(b) of the Health Care 
Quality Improvement Act of 1986, fees shall be collected for the full 
disclosure of information under the Act sufficient to recover the full 
costs of operating the National Practitioner Data Bank, and shall 
remain available until expended to carry out that Act: Provided 
further, That no more than $5,000,000 is available for carrying out the 
provisions of Public Law 102-501 as amended: Provided further, That of 
the funds made available under this heading, $193,349,000 shall be for 
the program under title X of the Public Health Service Act to provide 
for voluntary family planning projects: Provided further, That amounts 
provided to said projects under such title shall not be expended for 
abortions, that all pregnancy counseling shall be nondirective, and 
that such amounts shall not be expended for any activity (including the 
publication or distribution of literature) that in any way tends to 
promote public support or opposition to any legislative proposal or 
candidate for public office: Provided further, That notwithstanding any 
other provision of law, funds made available under this heading may be 
used to continue operating the Council on Graduate Medical Education 
established by section 301 of Public Law 102-408: Provided further, 
That the Secretary shall use amounts available for section 2603(b) of 
the Public Health Service Act as necessary to ensure that fiscal year 
1996 grant awards made under section 2603(a) of such Act to eligible 
areas that received such grants in fiscal year 1995 are not less than 
the fiscal year 1995 level: Provided further, That of the amounts 
available for Area Health Education Centers, $24,125,000 shall be for 
section 746(i)(1)(A) of the Health Professions Education Extension 
Amendments of 1992, notwithstanding section 746(i)(1)(C).

               medical facilities guarantee and loan fund

           federal interest subsidies for medical facilities

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

               health education assistance loans program

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

             vaccine injury compensation program trust fund

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

                      vaccine injury compensation

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

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

    For carrying out titles V and XIX of the Public Health Service Act 
with respect to substance abuse and mental health services, the 
Protection and Advocacy for Mentally Ill Individuals Act of 1986, and 
section 301 of the Public Health Service Act with respect to program 
management, $1,800,469,000.

     retirement pay and medical benefits for commissioned officers

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

               Agency for Health Care Policy and Research

                    health care policy and research

    For carrying out titles III and IX of the Public Health Service 
Act, and part A of title XI of the Social Security Act, $65,390,000; in 
addition, amounts received from Freedom of Information Act fees, 
reimbursable and interagency agreements, and the sale of data tapes 
shall be credited to this appropriation and shall remain available 
until expended: Provided, That the amount made available pursuant to 
section 926(b) of the Public Health Service Act shall not exceed 
$63,080,000.

                  Health Care Financing Administration

                     grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX 
of the Social Security Act, $55,094,355,000, to remain available until 
expended.
    For making, after May 31, 1996, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 1996 for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States under title XIX of the Social 
Security Act for the first quarter of fiscal year 1997, 
$26,155,350,000, to remain available until expended.
    Payment under title XIX may be made for any quarter with respect to 
a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                  payments to health care trust funds

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

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
and XIX of the Social Security Act, and title XIII of the Public Health 
Service Act, the Clinical Laboratory Improvement Amendments of 1988, 
and section 4005(e) of Public Law 100-203, not to exceed 
$2,111,406,000, together with all funds collected in accordance with 
section 353 of the Public Health Service Act, the latter funds to 
remain available until expended, together with such sums as may be 
collected from authorized user fees and the sale of data, which shall 
remain available until expended, the $2,111,406,000, to be transferred 
to this appropriation as authorized by section 201(g) of the Social 
Security Act, from the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds: Provided, That all funds 
derived in accordance with 31 U.S.C. 9701 from organizations 
established under title XIII of the Public Health Service Act are to be 
credited to this appropriation.

      health maintenance organization loan and loan guarantee fund

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

                Administration for Children and Families

                   family support payments to states

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

                   job opportunities and basic skills

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

                   low income home energy assistance

                         (including rescission)

    Of the funds made available beginning on October 1, 1995 under this 
heading in Public Law 103-333, $100,000,000 are hereby rescinded.
    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,000,000,000, to be available for 
obligation in the period October 1, 1996 through September 30, 1997.
    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, an additional $300,000,000 to remain 
available until expended: Provided, That all of the funds available 
under this paragraph are hereby designated by Congress to be emergency 
requirements pursuant to section 251(b)(2)(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985: Provided further, That these 
funds shall be made available only after submission to Congress of a 
formal budget request by the President that includes designation of the 
entire amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985.

                     refugee and entrant assistance

    For making payments for refugee and entrant assistance activities 
authorized by title IV of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980 (Public Law 
96-422), $397,872,000: Provided, That funds appropriated pursuant to 
section 414(a) of the Immigration and Nationality Act under Public Law 
103-112 for fiscal year 1994 shall be available for the costs of 
assistance provided and other activities conducted in such year and in 
fiscal years 1995 and 1996.

                 child care and development block grant

    For carrying out sections 658A through 658R of the Omnibus Budget 
Reconciliation Act of 1981 (The Child Care and Development Block Grant 
Act of 1990), $934,642,000, which shall be available for obligation 
under the same statutory terms and conditions applicable in the prior 
fiscal year.

                      social services block grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, $2,380,000,000: Provided, That notwithstanding section 
2003(c) of such Act, the amount specified for allocation under such 
section for fiscal year 1996 shall be $2,380,000,000.

                children and families services programs

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, the Family Violence Prevention and Services Act, the 
Native American Programs Act of 1974, title II of Public Law 95-266 
(adoption opportunities), the Temporary Child Care for Children with 
Disabilities and Crisis Nurseries Act of 1986, the Abandoned Infants 
Assistance Act of 1988, and part B(1) of title IV of the Social 
Security Act; for making payments under the Community Services Block 
Grant Act; and for necessary administrative expenses to carry out said 
Acts and titles I, IV, X, XI, XIV, XVI, and XX of the Social Security 
Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget 
Reconciliation Act of 1981, title IV of the Immigration and Nationality 
Act, section 501 of the Refugee Education Assistance Act of 1980, and 
section 126 and titles IV and V of Public Law 100-485, $4,585,546,000; 
of which $435,463,000 shall be for making payments under the Community 
Services Block Grant Act: Provided, That to the extent Community 
Services Block Grant funds are distributed as grant funds by a State to 
an eligible entity as provided under the Act, and have not been 
expended by such entity, they shall remain with such entity for 
carryover into the next fiscal year for expenditure by such entity 
consistent with program purposes.
    In addition, $21,358,000, to be derived from the Violent Crime 
Reduction Trust Fund, for carrying out sections 40155, 40211, 40241, 
and 40251 of Public Law 103-322.

                    family preservation and support

    For carrying out section 430 of the Social Security Act, 
$225,000,000.

       payments to states for foster care and adoption assistance

    For making payments to States or other non-Federal entities, under 
title IV-E of the Social Security Act, $4,322,238,000.

                        Administration on Aging

                        aging services programs

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

                        Office of the Secretary

                    general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six medium sedans, and for 
carrying out titles III, XVII, XX, and XXI of the Public Health Service 
Act, $130,499,000, together with $6,628,000, to be transferred and 
expended as authorized by section 201(g)(1) of the Social Security Act 
from the Hospital Insurance Trust Fund and the Supplemental Medical 
Insurance Trust Fund.

                      office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $58,492,000, together with not to exceed $20,670,000, to be 
transferred and expended as authorized by section 201(g)(1) of the 
Social Security Act from the Hospital Insurance Trust Fund and the 
Supplemental Medical Insurance Trust Fund, together with any funds, to 
remain available until expended, that represent the equitable share 
from the forfeiture of property in investigations in which the Office 
of Inspector General participated, and which are transferred to the 
Office of the Inspector General by the Department of Justice, the 
Department of the Treasury, or the United States Postal Service.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
$16,153,000, together with not to exceed $3,314,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Hospital Insurance Trust Fund and the Supplemental Medical 
Insurance Trust Fund.

                            policy research

    For carrying out, to the extent not otherwise provided, research 
studies under section 1110 of the Social Security Act, $9,000,000.

            public health and social services emergency fund

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

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $37,000 for official reception and representation 
expenses when specifically approved by the Secretary.
    Sec. 202. The Secretary shall make available through assignment not 
more than 60 employees of the Public Health Service to assist in child 
survival activities and to work in AIDS programs through and with funds 
provided by the Agency for International Development, the United 
Nations International Children's Emergency Fund or the World Health 
Organization.
    Sec. 203. None of the funds appropriated under this Act may be used 
to implement section 399L(b) of the Public Health Service Act.
    Sec. 204. None of the funds made available by this Act may be used 
to withhold payment to any State under the Child Abuse Prevention and 
Treatment Act by reason of a determination that the State is not in 
compliance with section 1340.2(d)(2)(ii) of title 45 of the Code of 
Federal Regulations. This provision expires upon the date of enactment 
of the reauthorization of the Child Abuse Prevention and Treatment Act 
or upon September 30, 1996, whichever occurs first.
    Sec. 205. None of the funds appropriated in this or any other Act 
for the National Institutes of Health and the Substance Abuse and 
Mental Health Services Administration shall be used to pay the salary 
of an individual, through a grant or other extramural mechanism, at a 
rate in excess of $125,000 per year.
    Sec. 206. None of the funds appropriated in this Act may be 
expended pursuant to section 241 of the Public Health Service Act, 
except for funds specifically provided for in this Act, prior to the 
Secretary's preparation and submission of a report to the Committee on 
Appropriations of the Senate and of the House detailing the planned 
uses of such funds.

                          (transfer of funds)

    Sec. 207. Of the funds appropriated or otherwise made available for 
the Department of Health and Human Services, General Departmental 
Management, for fiscal year 1996, the Secretary of Health and Human 
Services shall transfer to the Office of the Inspector General such 
sums as may be necessary for any expenses with respect to the provision 
of security protection for the Secretary of Health and Human Services.
    Sec. 208. Notwithstanding section 106 of Public Law 104-91, 
appropriations for the National Institutes of Health and the Centers 
for Disease Control and Prevention shall be available for fiscal year 
1996 as specified in section 101 of Public Law 104-91.

                              (rescission)

    Sec. 209. Of the amounts made available under the account heading 
``Disease Control, Research, and Training'' under the Centers for 
Disease Control and Prevention, Department of Health and Human Services 
in Public Law 103-333, Public Law 103-112, and Public Law 102-394 for 
immunization activities, $53,000,000 are hereby rescinded.
    Sec. 210. Of the funds provided for the account heading ``Disease 
Control, Research, and Training'' in Public Law 104-91, $31,642,000, to 
be derived from the Violent Crime Reduction Trust Fund, is hereby 
available for carrying out sections 40151, 40261, and 40293 of Public 
Law 103-322 notwithstanding any provision of Public Law 104-91.
    Sec. 211. The Director of the Centers for Disease Control and 
Prevention may redirect the total amount made available under the 
authority of Public Law 101-502, section 3, dated November 3, 1990, to 
activities the Director may so designate: Provided, That the Congress 
is to be notified promptly of any such transfer.

                          (transfer of funds)

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

                   TITLE III--DEPARTMENT OF EDUCATION

                            education reform

    For carrying out activities authorized by titles III and IV of the 
Goals 2000: Educate America Act and the School-to-Work Opportunities 
Act, $385,000,000, of which $290,000,000 for the Goals 2000: Educate 
America Act and $95,000,000 for the School-to-Work Opportunities Act 
which shall become available on July 1, 1996, and remain available 
through September 30, 1997: Provided, That notwithstanding section 
311(e) of Public Law 103-227, the Secretary is authorized to grant up 
to six additional State education agencies authority to waive Federal 
statutory or regulatory requirements for fiscal year 1996 and 
succeeding fiscal years.

                    education for the disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965, and section 418A of the Higher Education Act, 
$6,513,511,000, of which $6,497,172,000 shall become available on July 
1, 1996 and shall remain available through September 30, 1997: 
Provided, That $5,266,863,000 shall be available for basic grants under 
section 1124: Provided further, That up to $3,500,000 of these funds 
shall be available to the Secretary on October 1, 1995, to obtain 
updated local-educational-agency-level census poverty data from the 
Bureau of the Census: Provided further, That $692,341,000 shall be 
available for concentration grants under section 1124(A) and $3,370,000 
shall be available for evaluations under section 1501.

                               impact aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $691,159,000, of which $581,170,000 
shall be for basic support payments under section 8003(b), $40,000,000 
shall be for payments for children with disabilities under section 
8003(d), $50,000,000, to remain available until expended, shall be for 
payments under section 8003(f), $5,000,000 shall be for construction 
under section 8007, and $14,989,000 shall be for Federal property 
payments under section 8002.

                      school improvement programs

    For carrying out school improvement activities authorized by titles 
II, IV-A-1, V-A, VI, VII-B, and titles IX, X and XIII of the Elementary 
and Secondary Education Act of 1965; the Stewart B. McKinney Homeless 
Assistance Act; and the Civil Rights Act of 1964; $948,987,000 of which 
$775,760,000 shall become available on July 1, 1996, and remain 
available through September 30, 1997: Provided, That of the amount 
appropriated, $275,000,000 shall be for Eisenhower professional 
development State grants under title II-B and $275,000,000 shall be for 
innovative education program strategies State grants under title VI-A: 
Provided further, That not less than $3,000,000 shall be for innovative 
programs under section 5111.

                   bilingual and immigrant education

    For carrying out, to the extent not otherwise provided, bilingual 
and immigrant education activities authorized by title VII of the 
Elementary and Secondary Education Act, without regard to section 
7103(b), $150,000,000 of which $50,000,000 shall be for immigrant 
education programs authorized by part C: Provided, That State 
educational agencies may use all, or any part of, their part C 
allocation for competitive grants to local educational agencies.

                           special education

    For carrying out parts B, C, D, E, F, G, and H and section 
610(j)(2)(C) of the Individuals with Disabilities Education Act, 
$3,245,447,000, of which $3,000,000,000 shall become available for 
obligation on July 1, 1996, and shall remain available through 
September 30, 1997: Provided, That the Republic of the Marshall Islands 
and the Federated States of Micronesia shall be considered 
jurisdictions for the purposes of section 611(e)(1), of the Individuals 
with Disabilities Education Act: Provided further, That notwithstanding 
section 621(e), funds made available for section 621 shall be 
distributed among each of the regional centers and the Federal center 
in proportion to the amount that each such center received in fiscal 
year 1995.

            rehabilitation services and disability research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Technology-Related Assistance for 
Individuals with Disabilities Act, and the Helen Keller National Center 
Act, as amended, $2,452,620,000.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

    For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 
101 et seq.), $6,680,000.

               national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I 
and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et 
seq.), $42,180,000: Provided, That from the amount available, the 
Institute may at its discretion use funds for the endowment program as 
authorized under section 207.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986 (20 U.S.C. 4301 et seq.), $77,629,000: Provided, That from the 
amount available, the University may at its discretion use funds for 
the endowment program as authorized under section 207.

                     vocational and adult education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Vocational and Applied Technology Education Act, the Adult 
Education Act, and the National Literacy Act of 1991, $1,257,888,000, 
of which $4,869,000 shall be for the National Institute for Literacy, 
and of which $5,100,000 shall be available to carry out title VI of the 
National Literacy Act of 1991; and of which $1,254,969,000 shall become 
available on July 1, 1996 and shall remain available through September 
30, 1997: Provided, That of the amounts made available under the Carl 
D. Perkins Vocational and Applied Technology Education Act, $5,000,000 
shall be for national programs under title IV without regard to section 
451 and $350,000 shall be for evaluations under section 346(b) of the 
Act and no funds shall be available for State councils under section 
112.

                      student financial assistance

    For carrying out subparts 1, 3, and 4 of part A, part C, and part E 
of title IV of the Higher Education Act of 1965, as amended, 
$6,165,290,000, which shall remain available through September 30, 
1997: Provided, That notwithstanding section 401(a)(1) of the Act, 
there shall be not to exceed 3,634,000 Pell Grant recipients in award 
year 1995-1996.
    The maximum Pell Grant for which a student shall be eligible during 
award year 1996-1997 shall be $2,440: Provided, That notwithstanding 
section 401(g) of the Act, as amended, if the Secretary determines, 
prior to publication of the payment schedule for award year 1996-1997, 
that the $4,814,000,000 included within this appropriation for Pell 
Grant awards for award year 1996-1997, and any funds available from the 
fiscal year 1995 appropriation for Pell Grant awards, are insufficient 
to satisfy fully all such awards for which students are eligible, as 
calculated under section 401(b) of the Act, the amount paid for each 
such award shall be reduced by either a fixed or variable percentage, 
or by a fixed dollar amount, as determined in accordance with a 
schedule of reductions established by the Secretary for this purpose.

             federal family education loan program account

    For Federal administrative expenses to carry out guaranteed student 
loans authorized by title IV, part B, of the Higher Education Act, as 
amended, $30,066,000.

                            higher education

    For carrying out, to the extent not otherwise provided, parts A and 
B of title III, without regard to section 360(a)(1)(B)(ii), chapters I 
and II of subpart 2 and subpart 6 of part A of title IV, subpart 2 of 
part E of title V, parts A, B and C of title VI, title VII, parts C, D, 
and G of title IX, part A and subpart 1 of part B of title X, and part 
A of title XI of the Higher Education Act of 1965, as amended, Public 
Law 102-423, and the Mutual Educational and Cultural Exchange Act of 
1961; $836,964,000, of which $16,712,000 for interest subsidies under 
title VII of the Higher Education Act, as amended, shall remain 
available until expended: Provided, That notwithstanding sections 419D, 
419E, and 419H of the Higher Education Act, as amended, scholarships 
made under title IV, part A, subpart 6 shall be prorated to maintain 
the same number of new scholarships in fiscal year 1996 as in fiscal 
year 1995.

                           howard university

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

                   higher education facilities loans

    The Secretary is hereby authorized to make such expenditures, 
within the limits of funds available under this heading and in accord 
with law, and to make such contracts and commitments without regard to 
fiscal year limitation, as provided by section 104 of the Government 
Corporation Control Act (31 U.S.C. 9104), as may be necessary in 
carrying out the program for the current fiscal year.

         college housing and academic facilities loans program

    For administrative expenses to carry out the existing direct loan 
program of college housing and academic facilities loans entered into 
pursuant to title VII, part C, of the Higher Education Act, as amended, 
$700,000.

                         college housing loans

    Pursuant to title VII, part C of the Higher Education Act, as 
amended, for necessary expenses of the college housing loans program, 
previously carried out under title IV of the Housing Act of 1950, the 
Secretary shall make expenditures and enter into contracts without 
regard to fiscal year limitation using loan repayments and other 
resources available to this account. Any unobligated balances becoming 
available from fixed fees paid into this account pursuant to 12 U.S.C. 
1749d, relating to payment of costs for inspections and site visits, 
shall be available for the operating expenses of this account.

 historically black college and university capital financing, program 
                                account

    The total amount of bonds insured pursuant to section 724 of title 
VII, part B of the Higher Education Act shall not exceed $357,000,000, 
and the cost, as defined in section 502 of the Congressional Budget Act 
of 1974, of such bonds shall not exceed zero.
    For administrative expenses to carry out the Historically Black 
College and University Capital Financing Program entered into pursuant 
to title VII, part B of the Higher Education Act, as amended, $166,000.

            education research, statistics, and improvement

    For carrying out activities authorized by the Educational Research, 
Development, Dissemination, and Improvement Act; the National Education 
Statistics Act; sections 2102, 3134, and 3136, parts B, C, and D of 
title III, parts A, B, I, and K, and section 10601 of title X, part C 
of title XIII of the Elementary and Secondary Education Act of 1965, as 
amended, and title VI of the Goals 2000: Educate America Act, 
$328,268,000: Provided, That $4,000,000 shall be for section 10601 of 
the Elementary and Secondary Education Act: Provided further, That 
$25,000,000 shall be for sections 3136 and 3141 of the Elementary and 
Secondary Education Act: Provided further, That $51,000,000 shall be 
for regional laboratories, $5,000,000 shall be for International 
Education Exchange, and $3,000,000 shall be for the elementary 
mathematics and science equipment projects under the fund for the 
improvement of education: Provided further That funds shall be used to 
extend star schools partnership projects that received continuation 
grants in fiscal year 1995.

                               libraries

    For carrying out, to the extent not otherwise provided, titles I, 
II, and III of the Library Services and Construction Act, and title II-
B of the Higher Education Act, $131,505,000, of which $16,369,000 shall 
be used to carry out the provisions of title II of the Library Services 
and Construction Act and shall remain available until expended; and 
$2,500,000 shall be for section 222 and $2,000,000 shall be for section 
223 of the Higher Education Act: Provided, That $1,000,000 shall be 
awarded to a nonprofit foundation using multi-media technology to 
document and archive not less than 40,000 holocaust survivors' 
testimony: Provided further, That $1,000,000 shall be for the continued 
funding of an existing demonstration project making information 
available for public use by connecting Internet to a multistate 
consortium.

                        Departmental Management

                         program administration

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

                        office for civil rights

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

                    office of the inspector general

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

                        headquarters renovation

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

                           GENERAL PROVISIONS

    Sec. 301. No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of 
equipment for such transportation) in order to overcome racial 
imbalance in any school or school system, or for the transportation of 
students or teachers (or for the purchase of equipment for such 
transportation) in order to carry out a plan of racial desegregation of 
any school or school system.
    Sec. 302. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, 
except for a student requiring special education, to the school 
offering such special education, in order to comply with title VI of 
the Civil Rights Act of 1964. For the purpose of this section an 
indirect requirement of transportation of students includes the 
transportation of students to carry out a plan involving the 
reorganization of the grade structure of schools, the pairing of 
schools, or the clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described in this 
section does not include the establishment of magnet schools.
    Sec. 303. No funds appropriated under this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
meditation in the public schools.
    Sec. 304. Notwithstanding any other provision of law, funds 
available under section 458 of the Higher Education Act shall not 
exceed $460,000,000 for fiscal year 1996. The Department of Education 
shall pay (i) administrative cost allowances owed to guaranty agencies 
for fiscal year 1995 estimated at $95,000,000. The Department of 
Education shall pay administrative cost allowances to guaranty 
agencies, payable quarterly, calculated on the basis of 0.85 percent of 
the total principal amount of loans upon which insurance was issued on 
or after October 1, 1995 by such guaranty agency. Receipt of such funds 
and uses of such funds shall be in accordance with section 428(f).
    Notwithstanding section 458 of the Higher Education Act, the 
Secretary may not use funds available under that section or any other 
section for subsequent fiscal years for administrative expenses of the 
William D. Ford Direct Loan Program during fiscal year 1996, nor may 
the Secretary require the return of guaranty agency reserve funds 
during fiscal year 1996, except after consultation with appropriate 
committees of Congress.
    No funds available to the Secretary may be used for payment of 
administrative fees relating to the William D. Ford Direct Loan Program 
to institutions of higher education.
    Sec. 305. (a)(1) From any unobligated funds that are available to 
the Secretary of Education to carry out section 5 or 14 of the Act of 
September 23, 1950 (Public Law 815, 81st Congress) (as such Act was in 
effect on September 30, 1994) not less than $11,500,000 shall be 
available to the Secretary of Education to carry out subsection (b).
    (2) Any unobligated funds described in paragraph (1) that remain 
unobligated after the Secretary of Education carries out such paragraph 
shall be available to the Secretary of Education to carry out section 
8007 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7707).
    (b)(1) The Secretary of Education shall award the funds described 
in subsection (a)(1) to local educational agencies, under such terms 
and conditions as the Secretary of Education determines appropriate, 
for the construction of public elementary or secondary schools on 
Indian reservations or in school districts that--
            (A) the Secretary of Education determines are in dire need 
        of construction funding;
            (B) contain a public elementary or secondary school that 
        serves a student population which is 90 percent Indian 
        students; and
            (C) serve students who are taught in inadequate or unsafe 
        structures, or in a public elementary or secondary school that 
        has been condemned.
    (2) A local educational agency that receives construction funding 
under this subsection for fiscal year 1996 shall not be eligible to 
receive any funds under section 8007 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7707) for school construction for 
fiscal years 1996 and 1997.
    (3) As used in this subsection, the term ``construction'' has the 
meaning given that term in section 8013(3) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7713(3)).
    (4) No request for construction funding under this subsection shall 
be approved unless the request is received by the Secretary of 
Education not later than 30 days after the date of enactment of this 
Act.
    Sec. 306. (a) Section 428(n) of the Higher Education Act of 1965 
(20 U.S.C. 1078(n)) is amended by adding at the end the following new 
paragraph:
            ``(5) Applicability to part d loans.--The provisions of 
        this subsection shall apply to institutions of higher education 
        participating in direct lending under part D with respect to 
        loans made under such part, and for the purposes of this 
        paragraph, paragraph (4) shall be applied by inserting `or part 
        D' after `this part'.''.
    (b) The amendment made by subsection (a) shall take effect on July 
1, 1996.
    This title may be cited as the ``Department of Education 
Appropriations Act, 1996''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

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

             Corporation for National and Community Service

        domestic volunteer service programs, operating expenses

    For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic Volunteer 
Service Act of 1973, as amended, $201,294,000, of which $5,024,000 
shall be available to carry out section 109 of the Domestic Volunteer 
Service Act of 1973.

                  Corporation for Public Broadcasting

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

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service to carry out the functions vested in it by the Labor Management 
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of 
passenger motor vehicles; and for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses 
necessary for the Service to carry out the functions vested in it by 
the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. chapter 71), 
$32,396,000 including $1,500,000, to remain available through September 
30, 1997, for activities authorized by the Labor Management Cooperation 
Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 
3302, fees charged for special training activities up to full-cost 
recovery shall be credited to and merged with this account, and shall 
remain available until expended: Provided further, That the Director of 
the Service is authorized to accept on behalf of the United States 
gifts of services and real, personal, or other property in the aid of 
any projects or functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

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

        National Commission on Libraries and Information Science

                         salaries and expenses

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

                     National Council on Disability

                         salaries and expenses

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

                     National Education Goals Panel

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

                     National Labor Relations Board

                         salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, 
$167,245,000: Provided, That no part of this appropriation shall be 
available to organize or assist in organizing agricultural laborers or 
used in connection with investigations, hearings, directives, or orders 
concerning bargaining units composed of agricultural laborers as 
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), 
and as amended by the Labor-Management Relations Act, 1947, as amended, 
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 
203), and including in said definition employees engaged in the 
maintenance and operation of ditches, canals, reservoirs, and waterways 
when maintained or operated on a mutual, nonprofit basis and at least 
95 per centum of the water stored or supplied thereby is used for 
farming purposes.

                        National Mediation Board

                         salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards 
appointed by the President, $7,837,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission (29 U.S.C. 661), $8,100,000.

                  Physician Payment Review Commission

                         salaries and expenses

    For expenses necessary to carry out section 1845(a) of the Social 
Security Act, $2,923,000, to be transferred to this appropriation from 
the Federal Supplementary Medical Insurance Trust Fund.

               Prospective Payment Assessment Commission

                         salaries and expenses

    For expenses necessary to carry out section 1886(e) of the Social 
Security Act, $3,267,000, to be transferred to this appropriation from 
the Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds.

                     Social Security Administration

                payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance and the 
Federal Disability Insurance trust funds, as provided under sections 
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $22,641,000.
    In addition, to reimburse these trust funds for administrative 
expenses to carry out sections 9704 and 9706 of the Internal Revenue 
Code of 1986, $10,000,000, to remain available until expended.

               special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, $485,396,000, to remain available until expended.
    For making, after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of the Federal Mine Safety and 
Health Act of 1977, for costs incurred in the current fiscal year, such 
amounts as may be necessary.
    For making benefit payments under title IV of the Federal Mine 
Safety and Health Act of 1977 for the first quarter of fiscal year 
1997, $170,000,000, to remain available until expended.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$18,595,012,000, to remain available until expended, of which 
$1,500,000 shall be for a demonstration program to foster economic 
independence among people with disabilities through disability sport, 
in connection with the Tenth Paralympic Games: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For carrying out title XVI of the Social Security Act for the first 
quarter of fiscal year 1997, $9,260,000,000, to remain available until 
expended.

                 limitation on administrative expenses

    For necessary expenses, including the hire of two medium size 
passenger motor vehicles, and not to exceed $10,000 for official 
reception and representation expenses, not more than $5,271,183,000 may 
be expended, as authorized by section 201(g)(1) of the Social Security 
Act or as necessary to carry out sections 9704 and 9706 of the Internal 
Revenue Code of 1986 from any one or all of the trust funds referred to 
therein: Provided, That reimbursement to the trust funds under this 
heading for administrative expenses to carry out sections 9704 and 9706 
of the Internal Revenue Code of 1986 shall be made, with interest, not 
later than September 30, 1997: Provided further, That unobligated 
balances at the end of fiscal year 1996 shall remain available until 
expended for a state-of-the-art computing network, including related 
equipment and administrative expenses associated solely with this 
network.
    In addition to funding already available under this heading, and 
subject to the same terms and conditions, $407,000,000, for disability 
caseload processing.
    In addition to funding already available under this heading, and 
subject to the same terms and conditions, $167,000,000, which shall 
remain available until expended, to invest in a state-of-the-art 
computing network, including related equipment and administrative 
expenses associated solely with this network, for the Social Security 
Administration and the State Disability Determination Services, may be 
expended from any or all of the trust funds as authorized by section 
201(g)(1) of the Social Security Act.

                      office of inspector general

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $4,816,000, together with not to exceed $21,076,000, to be 
transferred and expended as authorized by section 201(g)(1) of the 
Social Security Act from the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust Fund.

                       Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $239,000,000, 
which shall include amounts becoming available in fiscal year 1996 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, 
an amount, not to exceed 2 percent of the amount provided herein, shall 
be available proportional to the amount by which the product of 
recipients and the average benefit received exceeds $239,000,000: 
Provided, That the total amount provided herein shall be credited in 12 
approximately equal amounts on the first day of each month in the 
fiscal year.

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $300,000, to remain available through 
September 30, 1997, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board in 
administering the Railroad Retirement Act and the Railroad Unemployment 
Insurance Act, $89,094,000, to be derived as authorized by section 
15(h) of the Railroad Retirement Act and section 10(a) of the Railroad 
Unemployment Insurance Act, from the accounts referred to in those 
sections.

                  special management improvement fund

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

             limitation on the office of inspector general

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

                    United States Institute of Peace

                           operating expenses

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

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act: Provided, That such transferred balances are used 
for the same purpose, and for the same periods of time, for which they 
were originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or film presentation designed to 
support or defeat legislation pending before the Congress, except in 
presentation to the Congress itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress.
    Sec. 504. The Secretaries of Labor and Education are each 
authorized to make available not to exceed $15,000 from funds available 
for salaries and expenses under titles I and III, respectively, for 
official reception and representation expenses; the Director of the 
Federal Mediation and Conciliation Service is authorized to make 
available for official reception and representation expenses not to 
exceed $2,500 from the funds available for ``Salaries and expenses, 
Federal Mediation and Conciliation Service''; and the Chairman of the 
National Mediation Board is authorized to make available for official 
reception and representation expenses not to exceed $2,500 from funds 
available for ``Salaries and expenses, National Mediation Board''.
    Sec. 505. Notwithstanding any other provision of this Act, no funds 
appropriated under this Act shall be used to carry out any program of 
distributing sterile needles for the hypodermic injection of any 
illegal drug unless the Secretary of Health and Human Services 
determines that such programs are effective in preventing the spread of 
HIV and do not encourage the use of illegal drugs.
    Sec. 506. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    Sec. 507. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds, including but not limited to State and local 
governments and recipients of Federal research grants, shall clearly 
state (1) the percentage of the total costs of the program or project 
which will be financed with Federal money, (2) the dollar amount of 
Federal funds for the project or program, and (3) percentage and dollar 
amount of the total costs of the project or program that will be 
financed by nongovernmental sources.
    Sec. 508. None of the funds appropriated under this Act shall be 
expended for any abortion except when it is made known to the Federal 
entity or official to which funds are appropriated under this Act that 
such procedure is necessary to save the life of the mother or that the 
pregnancy is the result of an act of rape or incest.
    Sec. 509. Notwithstanding any other provision of law--
            (1) no amount may be transferred from an appropriation 
        account for the Departments of Labor, Health and Human 
        Services, and Education except as authorized in this or any 
        subsequent appropriation act, or in the Act establishing the 
        program or activity for which funds are contained in this Act;
            (2) no department, agency, or other entity, other than the 
        one responsible for administering the program or activity for 
        which an appropriation is made in this Act, may exercise 
        authority for the timing of the obligation and expenditure of 
        such appropriation, or for the purposes for which it is 
        obligated and expended, except to the extent and in the manner 
        otherwise provided in sections 1512 and 1513 of title 31, 
        United States Code; and
            (3) no funds provided under this Act shall be available for 
        the salary (or any part thereof) of an employee who is 
        reassigned on a temporary detail basis to another position in 
        the employing agency or department or in any other agency or 
        department, unless the detail is independently approved by the 
        head of the employing department or agency.
    Sec. 510. Limitation on Use of Funds.--None of the funds made 
available in this Act may be used for the expenses of an electronic 
benefit transfer (EBT) task force.
    Sec. 511. None of the funds made available in this Act may be used 
to enforce the requirements of section 428(b)(1)(U)(iii) of the Higher 
Education Act of 1965 with respect to any lender when it is made known 
to the Federal official having authority to obligate or expend such 
funds that the lender has a loan portfolio under part B of title IV of 
such Act that is equal to or less than $5,000,000.
    Sec. 512. None of the funds made available in this Act may be used 
for Pell Grants under subpart 1 of part A of title IV of the Higher 
Education Act of 1965 to students attending an institution of higher 
education that is ineligible to participate in a loan program under 
such title as a result of a default determination under section 
435(a)(2) of such Act, unless such institution has a participation rate 
index (as defined at 34 CFR 668.17) that is less than or equal to 
0.0375.
    Sec. 513. No more than 1 percent of salaries appropriated for each 
Agency in this Act may be expended by that Agency on cash performance 
awards: Provided, That of the budgetary resources available to Agencies 
in this Act for salaries and expenses during fiscal year 1996, 
$30,500,000, to be allocated by the Office of Management and Budget, 
are permanently canceled: Provided further, That the foregoing proviso 
shall not apply to the Food and Drug Administration and the Indian 
Health Service.
    Sec. 514. (a) High Cost Training Exception.--Section 428H(d)(2) of 
the Higher Education Act of 1965 (20 U.S.C. 1078-8(d)(2)) is amended by 
striking out the period at the end thereof and inserting in lieu 
thereof a semicolon and the following:
``except in cases where the Secretary determines, that a higher amount 
is warranted in order to carry out the purpose of this part with 
respect to students engaged in specialized training requiring 
exceptionally high costs of education, but the annual insurable limit 
per student shall not be deemed to be exceeded by a line of credit 
under which actual payments by the lender to the borrower will not be 
made in any years in excess of the annual limit.''.
    (b) Effective Date.--The amendments made by subsection (a) shall be 
effective for loans made to cover the cost of instruction for periods 
of enrollment beginning on or after July 1, 1996.
    This Act may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
1996''.
    (e) Such amounts as may be necessary for programs, projects or 
activities provided for in the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1996 at a rate of operations and to the extent and in the manner 
provided as follows, to be effective as if it had been enacted into law 
as the regular appropriations Act:

                                 AN ACT

    Making appropriations for the Departments of Veterans Affairs and 
Housing and Urban Development, and for sundry independent agencies, 
boards, commissions, corporations, and offices for the fiscal year 
ending September 30, 1996, and for other purposes.

                                TITLE I

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                       compensation and pensions

                     (including transfer of funds)

    For the payment of compensation benefits to or on behalf of 
veterans as authorized by law (38 U.S.C. 107, chapters 11, 13, 51, 53, 
55, and 61); pension benefits to or on behalf of veterans as authorized 
by law (38 U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and 
burial benefits, emergency and other officers' retirement pay, 
adjusted-service credits and certificates, payment of premiums due on 
commercial life insurance policies guaranteed under the provisions of 
Article IV of the Soldiers' and Sailors' Civil Relief Act of 1940, as 
amended, and for other benefits as authorized by law (38 U.S.C. 107, 
1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C. App. 
540-548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198); 
$18,331,561,000, to remain available until expended: Provided, That not 
to exceed $25,180,000 of the amount appropriated shall be reimbursed to 
``General operating expenses'' and ``Medical care'' for necessary 
expenses in implementing those provisions authorized in the Omnibus 
Budget Reconciliation Act of 1990, and in the Veterans' Benefits Act of 
1992 (38 U.S.C. chapters 51, 53, and 55), the funding source for which 
is specifically provided as the ``Compensation and pensions'' 
appropriation: Provided further, That such sums as may be earned on an 
actual qualifying patient basis, shall be reimbursed to ``Medical 
facilities revolving fund'' to augment the funding of individual 
medical facilities for nursing home care provided to pensioners as 
authorized by the Veterans' Benefits Act of 1992 (38 U.S.C. chapter 
55): Provided further, That $12,000,000 previously transferred from 
``Compensation and pensions'' to ``Medical facilities revolving fund'' 
shall be transferred to this heading.

                         readjustment benefits

    For the payment of readjustment and rehabilitation benefits to or 
on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30, 
31, 34, 35, 36, 39, 51, 53, 55, and 61), $1,345,300,000, to remain 
available until expended: Provided, That funds shall be available to 
pay any court order, court award or any compromise settlement arising 
from litigation involving the vocational training program authorized by 
section 18 of Public Law 98-77, as amended.

                   veterans insurance and indemnities

    For military and naval insurance, national service life insurance, 
servicemen's indemnities, service-disabled veterans insurance, and 
veterans mortgage life insurance as authorized by law (38 U.S.C. 
chapter 19; 70 Stat. 887; 72 Stat. 487), $24,890,000, to remain 
available until expended.

                 guaranty and indemnity program account

                     (including transfer of funds)

    For the cost of direct and guaranteed loans, such sums as may be 
necessary to carry out the purpose of the program, as authorized by 38 
U.S.C. chapter 37, as amended: Provided, That such costs, including the 
cost of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended.
    In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $65,226,000, which may be transferred to 
and merged with the appropriation for ``General operating expenses''.

                     loan guaranty program account

                     (including transfer of funds)

    For the cost of direct and guaranteed loans, such sums as may be 
necessary to carry out the purpose of the program, as authorized by 38 
U.S.C. chapter 37, as amended: Provided, That such costs, including the 
cost of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended.
    In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $52,138,000, which may be transferred to 
and merged with the appropriation for ``General operating expenses''.

                      direct loan program account

                     (including transfer of funds)

    For the cost of direct loans, such sums as may be necessary to 
carry out the purpose of the program, as authorized by 38 U.S.C. 
chapter 37, as amended: Provided, That such costs, including the cost 
of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
during 1996, within the resources available, not to exceed $300,000 in 
gross obligations for direct loans are authorized for specially adapted 
housing loans (38 U.S.C. chapter 37).
    In addition, for administrative expenses to carry out the direct 
loan program, $459,000, which may be transferred to and merged with the 
appropriation for ``General operating expenses''.

                  education loan fund program account

                     (including transfer of funds)

    For the cost of direct loans, $1,000, as authorized by 38 U.S.C. 
3698, as amended: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
these funds are available to subsidize gross obligations for the 
principal amount of direct loans not to exceed $4,000.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $195,000, which may be transferred to and merged 
with the appropriation for ``General operating expenses''.

            vocational rehabilitation loans program account

                     (including transfer of funds)

    For the cost of direct loans, $54,000, as authorized by 38 U.S.C. 
chapter 31, as amended: Provided, That such costs, including the cost 
of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
these funds are available to subsidize gross obligations for the 
principal amount of direct loans not to exceed $1,964,000.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $377,000, which may be transferred to and merged 
with the appropriation for ``General operating expenses''.

          native american veteran housing loan program account

                     (including transfer of funds)

    For administrative expenses to carry out the direct loan program 
authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $205,000, 
which may be transferred to and merged with the appropriation for 
``General operating expenses''.

                     Veterans Health Administration

                              medical care

    For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, and domiciliary facilities; for furnishing, 
as authorized by law, inpatient and outpatient care and treatment to 
beneficiaries of the Department of Veterans Affairs, including care and 
treatment in facilities not under the jurisdiction of the Department of 
Veterans Affairs, and furnishing recreational facilities, supplies, and 
equipment; funeral, burial, and other expenses incidental thereto for 
beneficiaries receiving care in Department of Veterans Affairs 
facilities; administrative expenses in support of planning, design, 
project management, real property acquisition and disposition, 
construction and renovation of any facility under the jurisdiction or 
for the use of the Department of Veterans Affairs; oversight, 
engineering and architectural activities not charged to project cost; 
repairing, altering, improving or providing facilities in the several 
hospitals and homes under the jurisdiction of the Department of 
Veterans Affairs, not otherwise provided for, either by contract or by 
the hire of temporary employees and purchase of materials; uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902); aid to 
State homes as authorized by law (38 U.S.C. 1741); and not to exceed 
$8,000,000 to fund cost comparison studies as referred to in 38 U.S.C. 
8110(a)(5); $16,564,000,000, plus reimbursements: Provided, That of the 
funds made available under this heading, $789,000,000 is for the 
equipment and land and structures object classifications only, which 
amount shall not become available for obligation until August 1, 1996, 
and shall remain available for obligation until September 30, 1997.

                    medical and prosthetic research

    For necessary expenses in carrying out programs of medical and 
prosthetic research and development as authorized by law (38 U.S.C. 
chapter 73), to remain available until September 30, 1997, 
$257,000,000, plus reimbursements.

      medical administration and miscellaneous operating expenses

    For necessary expenses in the administration of the medical, 
hospital, nursing home, domiciliary, construction, supply, and research 
activities, as authorized by law; administrative expenses in support of 
planning, design, project management, architectural, engineering, real 
property acquisition and disposition, construction and renovation of 
any facility under the jurisdiction or for the use of the Department of 
Veterans Affairs, including site acquisition; engineering and 
architectural activities not charged to project cost; and research and 
development in building construction technology; $63,602,000, plus 
reimbursements.

                   transitional housing loan program

                     (including transfer of funds)

    For the cost of direct loans, $7,000, as authorized by Public Law 
102-54, section 8, which shall be transferred from the ``General post 
fund'': Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974, as amended: Provided further, That these funds are 
available to subsidize gross obligations for the principal amount of 
direct loans not to exceed $70,000. In addition, for administrative 
expenses to carry out the direct loan program, $54,000, which shall be 
transferred from the ``General post fund'', as authorized by Public Law 
102-54, section 8.

                      Departmental Administration

                       general operating expenses

    For necessary operating expenses of the Department of Veterans 
Affairs, not otherwise provided for, including uniforms or allowances 
therefor, as authorized by law; not to exceed $25,000 for official 
reception and representation expenses; hire of passenger motor 
vehicles; and reimbursement of the General Services Administration for 
security guard services, and the Department of Defense for the cost of 
overseas employee mail; $848,143,000: Provided, That of the amount 
appropriated and any other funds made available from any other source 
for activities funded under this heading, except reimbursements, not to 
exceed $214,109,000 shall be available for General Administration; 
including not to exceed (1) $50,000 for travel in the Office of the 
Secretary, (2) $75,000 for travel in the Office of the Assistant 
Secretary for Policy and Planning, (3) $33,000 for travel in the Office 
of the Assistant Secretary for Congressional Affairs, and (4) $100,000 
for travel in the Office of Assistant Secretary for Public and 
Intergovernmental Affairs: Provided further, That during fiscal year 
1996, notwithstanding any other provision of law, the number of 
individuals employed by the Department of Veterans Affairs (1) in other 
than ``career appointee'' positions in the Senior Executive Service 
shall not exceed 6, and (2) in schedule C positions shall not exceed 
11: Provided further, That not to exceed $6,000,000 of the amount 
appropriated shall be available for administrative expenses to carry 
out the direct and guaranteed loan programs under the Loan Guaranty 
Program Account: Provided further, That funds under this heading shall 
be available to administer the Service Members Occupational Conversion 
and Training Act: Provided further, That none of the funds under this 
heading may be obligated or expended for the acquisition of automated 
data processing equipment and services for Department of Veterans 
Affairs regional offices to support Stage III of the automated data 
equipment modernization program of the Veterans Benefits 
Administration.

                        national cemetery system

    For necessary expenses for the maintenance and operation of the 
National Cemetery System not otherwise provided for, including uniforms 
or allowances therefor, as authorized by law; cemeterial expenses as 
authorized by law; purchase of three passenger motor vehicles, for use 
in cemeterial operations; and hire of passenger motor vehicles, 
$72,604,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $30,900,000.

                      construction, major projects

                     (including transfer of funds)

    For constructing, altering, extending and improving any of the 
facilities under the jurisdiction or for the use of the Department of 
Veterans Affairs, or for any of the purposes set forth in sections 316, 
2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of title 38, 
United States Code, including planning, architectural and engineering 
services, maintenance or guarantee period services costs associated 
with equipment guarantees provided under the project, services of 
claims analysts, offsite utility and storm drainage system construction 
costs, and site acquisition, where the estimated cost of a project is 
$3,000,000 or more or where funds for a project were made available in 
a previous major project appropriation, $136,155,000, to remain 
available until expended: Provided, That except for advance planning of 
projects funded through the advance planning fund and the design of 
projects funded through the design fund, none of these funds shall be 
used for any project which has not been considered and approved by the 
Congress in the budgetary process: Provided further, That funds 
provided in this appropriation for fiscal year 1996, for each approved 
project shall be obligated (1) by the awarding of a construction 
documents contract by September 30, 1996, and (2) by the awarding of a 
construction contract by September 30, 1997: Provided further, That the 
Secretary shall promptly report in writing to the Comptroller General 
and to the Committees on Appropriations any approved major construction 
project in which obligations are not incurred within the time 
limitations established above; and the Comptroller General shall review 
the report in accordance with the procedures established by section 
1015 of the Impoundment Control Act of 1974 (title X of Public Law 93-
344): Provided further, That no funds from any other account except the 
``Parking revolving fund'', may be obligated for constructing, 
altering, extending, or improving a project which was approved in the 
budget process and funded in this account until one year after 
substantial completion and beneficial occupancy by the Department of 
Veterans Affairs of the project or any part thereof with respect to 
that part only: Provided further, That of the funds made available 
under this heading in Public Law 103-327, $7,000,000 shall be 
transferred to the ``Parking revolving fund''.

                      construction, minor projects

    For constructing, altering, extending, and improving any of the 
facilities under the jurisdiction or for the use of the Department of 
Veterans Affairs, including planning, architectural and engineering 
services, maintenance or guarantee period services costs associated 
with equipment guarantees provided under the project, services of 
claims analysts, offsite utility and storm drainage system construction 
costs, and site acquisition, or for any of the purposes set forth in 
sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 
of title 38, United States Code, where the estimated cost of a project 
is less than $3,000,000, $190,000,000, to remain available until 
expended, along with unobligated balances of previous ``Construction, 
minor projects'' appropriations which are hereby made available for any 
project where the estimated cost is less than $3,000,000: Provided, 
That funds in this account shall be available for (1) repairs to any of 
the nonmedical facilities under the jurisdiction or for the use of the 
Department of Veterans Affairs which are necessary because of loss or 
damage caused by any natural disaster or catastrophe, and (2) temporary 
measures necessary to prevent or to minimize further loss by such 
causes.

                         parking revolving fund

    For the parking revolving fund as authorized by law (38 U.S.C. 
8109), income from fees collected, to remain available until expended. 
Resources of this fund shall be available for all expenses authorized 
by 38 U.S.C. 8109 except operations and maintenance costs which will be 
funded from ``Medical care''.

       grants for construction of state extended care facilities

    For grants to assist the several States to acquire or construct 
State nursing home and domiciliary facilities and to remodel, modify or 
alter existing hospital, nursing home and domiciliary facilities in 
State homes, for furnishing care to veterans as authorized by law (38 
U.S.C. 8131-8137), $47,397,000, to remain available until expended.

        grants for the construction of state veterans cemeteries

    For grants to aid States in establishing, expanding, or improving 
State veteran cemeteries as authorized by law (38 U.S.C. 2408), 
$1,000,000, to remain available until September 30, 1998.

                       administrative provisions

                     (including transfer of funds)

    Sec. 101. Any appropriation for 1996 for ``Compensation and 
pensions'', ``Readjustment benefits'', and ``Veterans insurance and 
indemnities'' may be transferred to any other of the mentioned 
appropriations.
    Sec. 102. Appropriations available to the Department of Veterans 
Affairs for 1996 for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
    Sec. 103. No part of the appropriations in this Act for the 
Department of Veterans Affairs (except the appropriations for 
``Construction, major projects'', ``Construction, minor projects'', and 
the ``Parking revolving fund'') shall be available for the purchase of 
any site for or toward the construction of any new hospital or home.
    Sec. 104. No part of the foregoing appropriations shall be 
available for hospitalization or examination of any persons except 
beneficiaries entitled under the laws bestowing such benefits to 
veterans, unless reimbursement of cost is made to the appropriation at 
such rates as may be fixed by the Secretary of Veterans Affairs.
    Sec. 105. Appropriations available to the Department of Veterans 
Affairs for fiscal year 1996 for ``Compensation and pensions'', 
``Readjustment benefits'', and ``Veterans insurance and indemnities'' 
shall be available for payment of prior year accrued obligations 
required to be recorded by law against the corresponding prior year 
accounts within the last quarter of fiscal year 1995.
    Sec. 106. Appropriations accounts available to the Department of 
Veterans Affairs for fiscal year 1996 shall be available to pay prior 
year obligations of corresponding prior year appropriations accounts 
resulting from title X of the Competitive Equality Banking Act, Public 
Law 100-86, except that if such obligations are from trust fund 
accounts they shall be payable from ``Compensation and pensions''.
    Sec. 108. Notwithstanding any other provision of law, the Secretary 
of Veterans Affairs is authorized to transfer, without compensation or 
reimbursement, the jurisdiction and control of a parcel of land 
consisting of approximately 6.3 acres, located on the south edge of the 
Department of Veterans Affairs Medical and Regional Office Center, 
Wichita, Kansas, including buildings Nos. 8 and 30 and other 
improvements thereon, to the Secretary of Transportation for the 
purpose of expanding and modernizing United States Highway 54: 
Provided, That if necessary, the exact acreage and legal description of 
the real property transferred shall be determined by a survey 
satisfactory to the Secretary of Veterans Affairs and the Secretary of 
Transportation shall bear the cost of such survey: Provided further, 
That the Secretary of Transportation shall be responsible for all costs 
associated with the transferred land and improvements thereon, and 
compliance with all existing statutes and regulations: Provided 
further, That the Secretary of Veterans Affairs and the Secretary of 
Transportation may require such additional terms and conditions as each 
Secretary considers appropriate to effectuate this transfer of land.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

               annual contributions for assisted housing

    For assistance under the United States Housing Act of 1937, as 
amended (``the Act'' herein) (42 U.S.C. 1437), not otherwise provided 
for, $10,103,795,000, to remain available until expended: Provided, 
That of the total amount provided under this head, $160,000,000 shall 
be for the development or acquisition cost of public housing for Indian 
families, including amounts for housing under the mutual help 
homeownership opportunity program under section 202 of the Act (42 
U.S.C. 1437bb): Provided further, That of the total amount provided 
under this head, $2,500,000,000 shall be for modernization of existing 
public housing projects pursuant to section 14 of the Act (42 U.S.C. 
1437l), including up to $20,000,000 for the inspection of public 
housing units, contract expertise, and training and technical 
assistance, directly or indirectly, under grants, contracts, or 
cooperative agreements, to assist in the oversight and management of 
public and Indian housing (whether or not the housing is being 
modernized with assistance under this proviso) or tenant-based 
assistance, including, but not limited to, an annual resident survey, 
data collection and analysis, training and technical assistance by or 
to officials and employees of the Department and of public housing 
agencies and to residents in connection with the public and Indian 
housing program, or for carrying out activities under section 6(j) of 
the Act: Provided further, That of the total amount provided under this 
head, $400,000,000 shall be for rental subsidy contracts under the 
section 8 existing housing certificate program and the housing voucher 
program under section 8 of the Act, except that such amounts shall be 
used only for units necessary to provide housing assistance for 
residents to be relocated from existing federally subsidized or 
assisted housing, for replacement housing for units demolished or 
disposed of (including units to be disposed of pursuant to a 
homeownership program under section 5(h) or title III of the United 
States Housing Act of 1937) from the public housing inventory, for 
funds related to litigation settlements, for the conversion of section 
23 projects to assistance under section 8, for public housing agencies 
to implement allocation plans approved by the Secretary for designated 
housing, for funds to carry out the family unification program, and for 
the relocation of witnesses in connection with efforts to combat crime 
in public and assisted housing pursuant to a request from a law 
enforcement or prosecution agency: Provided further, That of the total 
amount provided under this head, $4,350,862,000 shall be for assistance 
under the United States Housing Act of 1937 (42 U.S.C. 1437) for use in 
connection with expiring or terminating section 8 subsidy contracts, 
such amounts shall be merged with all remaining obligated and 
unobligated balances heretofore appropriated under the heading 
``Renewal of expiring section 8 subsidy contracts'': Provided further, 
That notwithstanding any other provision of law, assistance reserved 
under the two preceding provisos may be used in connection with any 
provision of Federal law enacted in this Act or after the enactment of 
this Act that authorizes the use of rental assistance amounts in 
connection with such terminated or expired contracts: Provided further, 
That the Secretary may determine not to apply section 8(o)(6)(B) of the 
Act to housing vouchers during fiscal year 1996: Provided further, That 
of the total amount provided under this head, $610,575,000 shall be for 
amendments to section 8 contracts other than contracts for projects 
developed under section 202 of the Housing Act of 1959, as amended; and 
$209,000,000 shall be for section 8 assistance and rehabilitation 
grants for property disposition: Provided further, That 50 per centum 
of the amounts of budget authority, or in lieu thereof 50 per centum of 
the cash amounts associated with such budget authority, that are 
recaptured from projects described in section 1012(a) of the Stewart B. 
McKinney Homeless Assistance Amendments Act of 1988 (Public Law 100-
628, 102 Stat. 3224, 3268) shall be rescinded, or in the case of cash, 
shall be remitted to the Treasury, and such amounts of budget authority 
or cash recaptured and not rescinded or remitted to the Treasury shall 
be used by State housing finance agencies or local governments or local 
housing agencies with projects approved by the Secretary of Housing and 
Urban Development for which settlement occurred after January 1, 1992, 
in accordance with such section: Provided further, That of the total 
amount provided under this head, $171,000,000 shall be for housing 
opportunities for persons with AIDS under title VIII, subtitle D of the 
Cranston-Gonzalez National Affordable Housing Act; and $65,000,000 
shall be for the lead-based paint hazard reduction program as 
authorized under sections 1011 and 1053 of the Residential Lead-Based 
Hazard Reduction Act of 1992: Provided further, That the Secretary may 
make up to $5,000,000 of any amount recaptured in this account 
available for the development of performance and financial systems.
    Of the total amount provided under this head, $624,000,000, plus 
amounts recaptured from interest reduction payment contracts for 
section 236 projects whose owners prepay their mortgages during fiscal 
year 1996 (which amounts shall be transferred and merged with this 
account), shall be for use in conjunction with properties that are 
eligible for assistance under the Low Income Housing Preservation and 
Resident Homeownership Act of 1990 (LIHPRHA) or the Emergency Low-
Income Housing Preservation Act of 1987 (ELIHPA): Provided, That prior 
to August 15, 1996, funding to carry out plans of action shall be 
limited to sales of projects to non-profit organizations, tenant-
sponsored organizations, and other priority purchasers: Provided 
further, That of the amount made available by this paragraph, up to 
$10,000,000 shall be available for preservation technical assistance 
grants pursuant to section 253 of the Housing and Community Development 
Act of 1987, as amended: Provided further, That with respect to amounts 
made available by this paragraph, after August 15, 1996, if the 
Secretary determines that the demand for funding may exceed amounts 
available for such funding, the Secretary (1) may determine priorities 
for distributing available funds, including giving priority funding to 
tenants displaced due to mortgage prepayment and to projects that have 
not yet been funded but which have approved plans of action; and (2) 
may impose a temporary moratorium on applications by potential 
recipients of such funding: Provided further, That an owner of eligible 
low-income housing may prepay the mortgage or request voluntary 
termination of a mortgage insurance contract, so long as said owner 
agrees not to raise rents for sixty days after such prepayment: 
Provided further, That an owner of eligible low-income housing who has 
not timely filed a second notice under section 216(d) prior to the 
effective date of this Act may file such notice by April 15, 1996: 
Provided further, That such developments have been determined to have 
preservation equity at least equal to the lesser of $5,000 per unit or 
$500,000 per project or the equivalent of eight times the most recently 
published fair market rent for the area in which the project is located 
as the appropriate unit size for all of the units in the eligible 
project: Provided further, That the Secretary may modify the regulatory 
agreement to permit owners and priority purchasers to retain rental 
income in excess of the basic rental charge in projects assisted under 
section 236 of the National Housing Act, for the purpose of preserving 
the low and moderate income character of the housing: Provided further, 
That the Secretary may give priority to funding and processing the 
following projects provided that the funding is obligated not later 
than September 15, 1996: (1) projects with approved plans of action to 
retain the housing that file a modified plan of action no later than 
August 15, 1996 to transfer the housing; (2) projects with approved 
plans of action that are subject to a repayment or settlement agreement 
that was executed between the owner and the Secretary prior to 
September 1, 1995; (3) projects for which submissions were delayed as a 
result of their location in areas that were designated as a Federal 
disaster area in a Presidential Disaster Declaration; and (4) projects 
whose processing was, in fact or in practical effect, suspended, 
deferred, or interrupted for a period of twelve months or more because 
of differing interpretations, by the Secretary and an owner or by the 
Secretary and a State or local rent regulatory agency, concerning the 
timing of filing eligibility or the effect of a presumptively 
applicable State or local rent control law or regulation on the 
determination of preservation value under section 213 of LIHPRHA, as 
amended, if the owner of such project filed notice of intent to extend 
the low-income affordability restrictions of the housing, or transfer 
to a qualified purchaser who would extend such restrictions, on or 
before November 1, 1993: Provided further, That eligible low-income 
housing shall include properties meeting the requirements of this 
paragraph with mortgages that are held by a State agency as a result of 
a sale by the Secretary without insurance, which immediately before the 
sale would have been eligible low-income housing under LIHPRHA: 
Provided further, That notwithstanding any other provision of law, 
subject to the availability of appropriated funds, each unassisted low-
income family residing in the housing on the date of prepayment or 
voluntary termination, and whose rent, as a result of a rent increase 
occurring no later than one year after the date of the prepayment, 
exceeds 30 percent of adjusted income, shall be offered tenant-based 
assistance in accordance with section 8 or any successor program, under 
which the family shall pay no less for rent than it paid on such date: 
Provided further, That any family receiving tenant-based assistance 
under the preceding proviso may elect (1) to remain in the unit of the 
housing and if the rent exceeds the fair market rent or payment 
standard, as applicable, the rent shall be deemed to be the applicable 
standard, so long as the administering public housing agency finds that 
the rent is reasonable in comparison with rents charged for comparable 
unassisted housing units in the market or (2) to move from the housing 
and the rent will be subject to the fair market rent of the payment 
standard, as applicable, under existing program rules and procedures: 
Provided further, That rents and rent increases for tenants of projects 
for which plans of action are funded under section 220(d)(3)(B) of 
LIHPRHA shall be governed in accordance with the requirements of the 
program under which the first mortgage is insured or made (sections 236 
or 221(d)(3) BMIR, as appropriate): Provided further, That the 
immediately foregoing proviso shall apply hereafter to projects for 
which plans of action are to be funded under such section 220(d)(3)(B), 
and shall apply to any project that has been funded under such section 
starting one year after the date that such project was funded: Provided 
further, That up to $10,000,000 of the amount made available by this 
paragraph may be used at the discretion of the Secretary to reimburse 
owners of eligible properties for which plans of action were submitted 
prior to the effective date of this Act, but were not executed for lack 
of available funds, with such reimbursement available only for 
documented costs directly applicable to the preparation of the plan of 
action as determined by the Secretary, and shall be made available on 
terms and conditions to be established by the Secretary: Provided 
further, That, notwithstanding any other provision of law, effective 
October 1, 1996, the Secretary shall suspend further processing of 
preservation applications which do not have approved plans of action.
    Of the total amount provided under this head, $780,190,000 shall be 
for capital advances, including amendments to capital advance 
contracts, for housing for the elderly, as authorized by section 202 of 
the Housing Act of 1959, as amended, and for project rental assistance, 
and amendments to contracts for project rental assistance, for 
supportive housing for the elderly under section 202(c)(2) of the 
Housing Act of 1959; and $233,168,000 shall be for capital advances, 
including amendments to capital advance contracts, for supportive 
housing for persons with disabilities, as authorized by section 811 of 
the Cranston-Gonzalez National Affordable Housing Act; and for project 
rental assistance, and amendments to contracts for project rental 
assistance, for supportive housing for persons with disabilities as 
authorized by section 811 of the Cranston-Gonzalez National Affordable 
Housing Act: Provided, That the Secretary may designate up to 25 
percent of the amounts earmarked under this paragraph for section 811 
of the Cranston-Gonzalez National Affordable Housing Act for tenant-
based assistance, as authorized under that section, which assistance is 
five-years in duration: Provided further, That the Secretary may waive 
any provision of section 202 of the Housing Act of 1959 and section 811 
of the National Affordable Housing Act (including the provisions 
governing the terms and conditions of project rental assistance) that 
the Secretary determines is not necessary to achieve the objectives of 
these programs, or that otherwise impedes the ability to develop, 
operate or administer projects assisted under these programs, and may 
make provision for alternative conditions or terms where appropriate.

public housing demolition, site revitalization, and replacement housing 
                                 grants

    For grants to public housing agencies for the purposes of enabling 
the demolition of obsolete public housing projects or portions thereof, 
the revitalization (where appropriate) of sites (including remaining 
public housing units) on which such projects are located, replacement 
housing which will avoid or lessen concentrations of very low-income 
families, and tenant-based assistance in accordance with section 8 of 
the United States Housing Act of 1937 for the purpose of providing 
replacement housing and assisting tenants to be displaced by the 
demolition, $380,000,000, to remain available until expended: Provided, 
That the Secretary of Housing and Urban Development shall award such 
funds to public housing agencies based upon, among other relevant 
criteria, the local and national impact of the proposed demolition and 
revitalization activities and the extent to which the public housing 
agency could undertake such activities without the additional 
assistance to be provided hereunder: Provided further, That eligible 
expenditures hereunder shall be those expenditures eligible under 
section 8 and section 14 of the United States Housing Act of 1937 (42 
U.S.C. 1437f and l): Provided further, That the Secretary may impose 
such conditions and requirements as the Secretary deems appropriate to 
effectuate the purposes of this paragraph: Provided further, That the 
Secretary may require an agency selected to receive funding to make 
arrangements satisfactory to the Secretary for use of an entity other 
than the agency to carry out this program where the Secretary 
determines that such action will help to effectuate the purpose of this 
paragraph: Provided further, That in the event an agency selected to 
receive funding does not proceed expeditiously as determined by the 
Secretary, the Secretary shall withdraw any funding made available 
pursuant to this paragraph that has not been obligated by the agency 
and distribute such funds to one or more other eligible agencies, or to 
other entities capable of proceeding expeditiously in the same locality 
with the original program: Provided further, That of the foregoing 
$380,000,000, the Secretary may use up to .67 per centum for technical 
assistance, to be provided directly or indirectly by grants, contracts 
or cooperative agreements, including training and cost of necessary 
travel for participants in such training, by or to officials and 
employees of the Department and of public housing agencies and to 
residents: Provided further, That any replacement housing provided with 
assistance under this head shall be subject to section 18(f) of the 
United States Housing Act of 1937, as amended by section 201(b)(2) of 
this Act.

                         flexible subsidy fund

                     (including transfer of funds)

    From the fund established by section 236(g) of the National Housing 
Act, as amended, all uncommitted balances of excess rental charges as 
of September 30, 1995, and any collections during fiscal year 1996 
shall be transferred, as authorized under such section, to the fund 
authorized under section 201(j) of the Housing and Community 
Development Amendments of 1978, as amended.

                       rental housing assistance

                              (rescission)

    The limitation otherwise applicable to the maximum payments that 
may be required in any fiscal year by all contracts entered into under 
section 236 of the National Housing Act (12 U.S.C. 1715z-1) is reduced 
in fiscal year 1996 by not more than $2,000,000 in uncommitted balances 
of authorizations provided for this purpose in appropriations Acts: 
Provided, That up to $163,000,000 of recaptured section 236 budget 
authority resulting from the prepayment of mortgages subsidized under 
section 236 of the National Housing Act (12 U.S.C. 1715z-1) shall be 
rescinded in fiscal year 1996.

         payments for operation of low-income housing projects

    For payments to public housing agencies and Indian housing 
authorities for operating subsidies for low-income housing projects as 
authorized by section 9 of the United States Housing Act of 1937, as 
amended (42 U.S.C. 1437g), $2,800,000,000.

             drug elimination grants for low-income housing

    For grants to public and Indian housing agencies for use in 
eliminating crime in public housing projects authorized by 42 U.S.C. 
11901-11908, for grants for federally assisted low-income housing 
authorized by 42 U.S.C. 11909, and for drug information clearinghouse 
services authorized by 42 U.S.C. 11921-11925, $290,000,000, to remain 
available until expended, of which $10,000,000 shall be for grants, 
technical assistance, contracts and other assistance training, program 
assessment, and execution for or on behalf of public housing agencies 
and resident organizations (including the cost of necessary travel for 
participants in such training) and of which $2,500,000 shall be used in 
connection with efforts to combat violent crime in public and assisted 
housing under the Operation Safe Home program administered by the 
Inspector General of the Department of Housing and Urban Development: 
Provided, That the term ``drug-related crime'', as defined in 42 U.S.C. 
11905(2), shall also include other types of crime as determined by the 
Secretary: Provided further, That notwithstanding section 5130(c) of 
the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11909(c)), the Secretary may 
determine not to use any such funds to provide public housing youth 
sports grants: Provided further, That an additional $30,000,000, to be 
derived by transfer from unobligated balances from the Homeownership 
and Opportunity for People Everywhere Grants (HOPE Grants) account, 
shall be available for use for grants for federally-assisted low-income 
housing, in addition to any other amount made available for this 
purpose under this heading, without regard to any percentage limitation 
otherwise applicable.

                  home investment partnerships program

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

           indian housing loan guarantee fund program account

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

                          Homeless Assistance

                       homeless assistance grants

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

                   Community Planning and Development

                      community development grants

                     (including transfer of funds)

    For grants to States and units of general local government and for 
related expenses, not otherwise provided for, necessary for carrying 
out a community development grants program as authorized by title I of 
the Housing and Community Development Act of 1974, as amended (42 
U.S.C. 5301), $4,600,000,000, to remain available until September 30, 
1998: Provided, That $50,000,000 shall be available for grants to 
Indian tribes pursuant to section 106(a)(1) of the Housing and 
Community Development Act of 1974, as amended (42 U.S.C. 5301), 
$2,000,000 shall be available as a grant to the Housing Assistance 
Council, $1,000,000 shall be available as a grant to the National 
American Indian Housing Council, and $27,000,000 shall be available for 
``special purpose grants'' pursuant to section 107 of such Act: 
Provided further, That not to exceed 20 per centum of any grant made 
with funds appropriated herein (other than a grant made available under 
the preceding proviso to the Housing Assistance Council or the National 
American Indian Housing Council, or a grant using funds under section 
107(b)(3) of the Housing and Community Development Act of 1974) shall 
be expended for ``Planning and Management Development'' and 
``Administration'' as defined in regulations promulgated by the 
Department of Housing and Urban Development: Provided further, That 
section 105(a)(25) of such Act, as added by section 907(b)(1) of the 
Cranston-Gonzalez National Affordable Housing Act, shall continue to be 
effective after September 30, 1995, notwithstanding section 907(b)(2) 
of such Act: Provided further, That section 916 of the Cranston-
Gonzalez National Affordable Housing Act shall apply with respect to 
fiscal year 1996, notwithstanding section 916(f) of that Act.
    Of the amount provided under this heading, the Secretary of Housing 
and Urban Development may use up to $53,000,000 for grants to public 
housing agencies (including Indian housing authorities), nonprofit 
corporations, and other appropriate entities for a supportive services 
program to assist residents of public and assisted housing, former 
residents of such housing receiving tenant-based assistance under 
section 8 of such Act (42 U.S.C. 1437f), and other low-income families 
and individuals to become self-sufficient: Provided, That the program 
shall provide supportive services, principally for the benefit of 
public housing residents, to the elderly and the disabled, and to 
families with children where the head of the household would benefit 
from the receipt of supportive services and is working, seeking work, 
or is preparing for work by participating in job training or 
educational programs: Provided further, That the supportive services 
shall include congregate services for the elderly and disabled, service 
coordinators, and coordinated educational, training, and other 
supportive services, including academic skills training, job search 
assistance, assistance related to retaining employment, vocational and 
entrepreneurship development and support programs, transportation, and 
child care: Provided further, That the Secretary shall require 
applicants to demonstrate firm commitments of funding or services from 
other sources: Provided further, That the Secretary shall select public 
and Indian housing agencies to receive assistance under this head on a 
competitive basis, taking into account the quality of the proposed 
program (including any innovative approaches), the extent of the 
proposed coordination of supportive services, the extent of commitments 
of funding or services from other sources, the extent to which the 
proposed program includes reasonably achievable, quantifiable goals for 
measuring performance under the program over a three-year period, the 
extent of success an agency has had in carrying out other comparable 
initiatives, and other appropriate criteria established by the 
Secretary.
    Of the amount made available under this heading, notwithstanding 
any other provision of law, $12,000,000 shall be available for 
contracts, grants, and other assistance, other than loans, not 
otherwise provided for, for providing counseling and advice to tenants 
and homeowners both current and prospective, with respect to property 
maintenance, financial management, and such other matters as may be 
appropriate to assist them in improving their housing conditions and 
meeting the responsibilities of tenancy or homeownership, including 
provisions for training and for support of voluntary agencies and 
services as authorized by section 106 of the Housing and Urban 
Development Act of 1968, as amended, notwithstanding section 106(c)(9) 
and section 106(d)(13) of such Act.
    Of the amount made available under this heading, notwithstanding 
any other provision of law, $15,000,000 shall be available for the 
tenant opportunity program.
    Of the amount made available under this heading, notwithstanding 
any other provision of law, $20,000,000 shall be available for 
youthbuild program activities authorized by subtitle D of title IV of 
the Cranston-Gonzalez National Affordable Housing Act, as amended, and 
such activities shall be an eligible activity with respect to any funds 
made available under this heading.
    Of the amount otherwise made available under this heading in this 
Act, notwithstanding any other provision of law, $80,000,000 shall be 
available for Economic Development Initiative grants as authorized by 
section 232 of the Multifamily Housing Property Disposition Reform Act 
of 1994, Public Law 103-233, on a competitive basis as required by 
section 102 of the HUD Reform Act.
    Of the amount made available under this heading, notwithstanding 
any other provision of law, $13,000,000 shall be for a grant to 
Watertown, South Dakota for the construction of wastewater treatment 
facilities.
    For the cost of guaranteed loans, $31,750,000, as authorized by 
section 108 of the Housing and Community Development Act of 1974: 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974, as amended: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed, 
not to exceed $1,500,000,000: Provided further, That the Secretary of 
Housing and Urban Development may make guarantees not to exceed the 
immediately foregoing amount notwithstanding the aggregate limitation 
on guarantees set forth in section 108(k) of the Housing and Community 
Development Act of 1974. In addition, for administrative expenses to 
carry out the guaranteed loan program, $675,000 which shall be 
transferred to and merged with the appropriation for departmental 
salaries and expenses.
    The amount made available for fiscal year 1995 for a special 
purpose grant for the renovation of the central terminal in Buffalo, 
New York, shall be made available for the central terminal and for 
other public facilities in Buffalo, New York.

                    Policy Development and Research

                        research and technology

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

                   Fair Housing and Equal Opportunity

                        fair housing activities

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

                     Management and Administration

                         salaries and expenses

                     (including transfers of funds)

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

                      office of inspector general

                     (including transfer of funds)

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

             Office of Federal Housing Enterprise Oversight

                         salaries and expenses

                     (including transfer of funds)

    For carrying out the Federal Housing Enterprise Financial Safety 
and Soundness Act of 1992, $14,895,000, to remain available until 
expended, from the Federal Housing Enterprise Oversight Fund: Provided, 
That such amounts shall be collected by the Director as authorized by 
section 1316 (a) and (b) of such Act, and deposited in the Fund under 
section 1316(f) of such Act.

                     Federal Housing Administration

             fha--mutual mortgage insurance program account

                     (including transfers of funds)

    During fiscal year 1996, commitments to guarantee loans to carry 
out the purposes of section 203(b) of the National Housing Act, as 
amended, shall not exceed a loan principal of $110,000,000,000: 
Provided, That during fiscal year 1996, the Secretary shall sell 
assigned mortgage notes having an unpaid principal balance of up to 
$4,000,000,000, which notes were originally insured under section 
203(b) of the National Housing Act: Provided further, That the 
Secretary may use any negative subsidy amounts from the sale of such 
assigned mortgage notes during fiscal year 1996 for the disposition of 
properties or notes under this heading.
    During fiscal year 1996, obligations to make direct loans to carry 
out the purposes of section 204(g) of the National Housing Act, as 
amended, shall not exceed $200,000,000: Provided, That the foregoing 
amount shall be for loans to nonprofit and governmental entities in 
connection with sales of single family real properties owned by the 
Secretary and formerly insured under section 203 of such Act.
    For administrative expenses necessary to carry out the guaranteed 
and direct loan program, $341,595,000, to be derived from the FHA-
mutual mortgage insurance guaranteed loans receipt account, of which 
not to exceed $334,483,000 shall be transferred to the appropriation 
for departmental salaries and expenses; and of which not to exceed 
$7,112,000 shall be transferred to the appropriation for the Office of 
Inspector General.

             fha--general and special risk program account

                     (including transfers of funds)

    For the cost of guaranteed loans, as authorized by sections 238 and 
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), 
including the cost of modifying such loans, $85,000,000, to remain 
available until expended: Provided, That such costs shall be as defined 
in section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That these funds are available to subsidize total 
loan principal any part of which is to be guaranteed of not to exceed 
$17,400,000,000: Provided further, That during fiscal year 1996, the 
Secretary shall sell assigned notes having an unpaid principal balance 
of up to $4,000,000,000, which notes were originally obligations of the 
funds established under sections 238 and 519 of the National Housing 
Act: Provided further, That the Secretary may use any negative subsidy 
amounts from the sale of such assigned mortgage notes during fiscal 
year 1996, in addition to amounts otherwise provided, for the 
disposition of properties or notes under this heading (including the 
credit subsidy for the guarantee of loans or the reduction of positive 
credit subsidy amounts that would otherwise be required for the sale of 
such properties or notes), and for any other purpose under this 
heading: Provided further, That any amounts made available in any prior 
appropriation Act for the cost (as such term is defined in section 502 
of the Congressional Budget Act of 1974) of guaranteed loans that are 
obligations of the funds established under section 238 or 519 of the 
National Housing Act that have not been obligated or that are 
deobligated shall be available to the Secretary of Housing and Urban 
Development in connection with the making of such guarantees and shall 
remain available until expended, notwithstanding the expiration of any 
period of availability otherwise applicable to such amounts.
    Gross obligations for the principal amount of direct loans, as 
authorized by sections 204(g), 207(l), 238(a), and 519(a) of the 
National Housing Act, shall not exceed $120,000,000; of which not to 
exceed $100,000,000 shall be for bridge financing in connection with 
the sale of multifamily real properties owned by the Secretary and 
formerly insured under such Act; and of which not to exceed $20,000,000 
shall be for loans to nonprofit and governmental entities in connection 
with the sale of single-family real properties owned by the Secretary 
and formerly insured under such Act.
    In addition, for administrative expenses necessary to carry out the 
guaranteed and direct loan programs, $202,470,000, of which 
$198,299,000 shall be transferred to the appropriation for departmental 
salaries and expenses; and of which $4,171,000 shall be transferred to 
the appropriation for the Office of Inspector General.

                Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

                      (includes transfer of funds)

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

                       administrative provisions

                     (including transfer of funds)

        extend administrative provisions from the rescission act

    Sec. 201. (a) Public and Indian Housing Modernization.--
            (1) Expansion of use of modernization funding.--Subsection 
        14(q) of the United States Housing Act of 1937 is amended to 
        read as follows:
    ``(q)(1) In addition to the purposes enumerated in subsections (a) 
and (b), a public housing agency may use modernization assistance 
provided under section 14, and development assistance provided under 
section 5(a) that was not allocated, as determined by the Secretary, 
for priority replacement housing, for any eligible activity authorized 
by this section, by section 5, or by applicable Appropriations Acts for 
a public housing agency, including the demolition, rehabilitation, 
revitalization, and replacement of existing units and projects and, for 
up to 10 percent of its allocation of such funds in any fiscal year, 
for any operating subsidy purpose authorized in section 9. Except for 
assistance used for operating subsidy purposes under the preceding 
sentence, assistance provided to a public housing agency under this 
section shall principally be used for the physical improvement, 
replacement of public housing, other capital purposes, and for 
associated management improvements, and such other extraordinary 
purposes as may be approved by the Secretary. Low-income and very low-
income units assisted under this paragraph shall be eligible for 
operating subsidies, unless the Secretary determines that such units or 
projects do not meet other requirements of this Act.
    ``(2) A public housing agency may provide assistance to 
developments that include units for other than units assisted under 
this Act (except for units assisted under section 8 hereof) (`mixed 
income developments'), in the form of a grant, loan, operating 
assistance, or other form of investment which may be made to--
            ``(A) a partnership, a limited liability company, or other 
        legal entity in which the public housing agency or its 
        affiliate is a general partner, managing member, or otherwise 
        participates in the activities of such entity; or
            ``(B) any entity which grants to the public housing agency 
        the option to purchase the development within 20 years after 
        initial occupancy in accordance with section 42(i)(7) of the 
        Internal Revenue Code of 1986, as amended.
            ``Units shall be made available in such developments for 
        periods of not less than 30 years, by master contract or by 
        individual lease, for occupancy by low-income and very low-
        income families referred from time to time by the public 
        housing agency from its central or site-based waiting list. The 
        number of such units shall be:
                    ``(i) in the same proportion to the total number of 
                units in such development that the total financial 
                commitment provided by the public housing agency bears 
                to the value of the total financial commitment in the 
                development, or
                    ``(ii) not be less than the number of units that 
                could have been developed under the conventional public 
                housing program with the assistance involved, or
                    ``(iii) as may otherwise be approved by the 
                Secretary.
    ``(3) A mixed income development may elect to have all units 
subject only to the applicable local real estate taxes, notwithstanding 
that the low-income units assisted by public housing funds would 
otherwise be subject to section 6(d) of the Housing Act of 1937.
    ``(4) If an entity that owns or operates a mixed-income project 
under this subsection enters into a contract with a public housing 
agency, the terms of which obligate the entity to operate and maintain 
a specified number of units in the project as public housing units in 
accordance with the requirements of this Act for the period required by 
law, such contractual terms may provide that, if, as a result of a 
reduction in appropriations under section 9, or any other change in 
applicable law, the public housing agency is unable to fulfill its 
contractual obligations with respect to those public housing units, 
that entity may deviate, under procedures and requirements developed 
through regulations by the Secretary, from otherwise applicable 
restrictions under this Act regarding rents, income eligibility, and 
other areas of public housing management with respect to a portion or 
all of those public housing units, to the extent necessary to preserve 
the viability of those units while maintaining the low-income character 
of the units, to the maximum extent practicable.''.
            (2) Applicability.--Section 14(q) of the United States 
        Housing Act of 1937, as amended by subsection (a) of this 
        section, shall be effective only with respect to assistance 
        provided from funds made available for fiscal year 1996 or any 
        preceding fiscal year.
            (3) Applicability to IHAs.--In accordance with section 
        201(b)(2) of the United States Housing Act of 1937, the 
        amendment made by this subsection shall apply to public housing 
        developed or operated pursuant to a contract between the 
        Secretary of Housing and Urban Development and an Indian 
        housing authority.
    (b) One-for-One Replacement of Public and Indian Housing.--
            (1) Extended authority.--Section 1002(d) of Public Law 104-
        19 is amended to read as follows:
    ``(d) Subsections (a), (b), and (c) shall be effective for 
applications for the demolition, disposition, or conversion to 
homeownership of public housing approved by the Secretary, and other 
consolidation and relocation activities of public housing agencies 
undertaken, on, before, or after September 30, 1995 and before 
September 30, 1996.''.
            (2) Section 18(f) of the United States Housing Act of 1937 
        is amended by adding at the end the following new sentence:
``No one may rely on the preceding sentence as the basis for 
reconsidering a final order of a court issued, or a settlement approved 
by, a court.''.
            (3) Applicability.--In accordance with section 201(b)(2) of 
        the United States Housing Act of 1937, the amendments made by 
        this subsection and by sections 1002 (a), (b), and (c) of 
        Public Law 104-19 shall apply to public housing developed or 
        operated pursuant to a contract between the Secretary of 
        Housing and Urban Development and an Indian housing authority.

            conversion of certain public housing to vouchers

    Sec. 203. (a) Identification of Units.--Each public housing agency 
shall identify any public housing developments--
            (1) that are on the same or contiguous sites;
            (2) that total more than--
                    (A) 300 dwelling units; or
                    (B) in the case of high-rise family buildings or 
                substantially vacant buildings; 300 dwelling units;
            (3) that have a vacancy rate of at least 10 percent for 
        dwelling units not in funded, on schedule modernization 
        programs;
            (4) identified as distressed housing that the public 
        housing agency cannot assure the long-term viability as public 
        housing through reasonable revitalization, density reduction, 
        or achievement of a broader range of household income; and
            (5) for which the estimated cost of continued operation and 
        modernization of the developments as public housing exceeds the 
        cost of providing tenant-based assistance under section 8 of 
        the United States Housing Act of 1937 for all families in 
        occupancy, based on appropriate indicators of cost (such as the 
        percentage of total development cost required for 
        modernization).
    (b) Implementation and Enforcement.--
            (1) Standards for implementation.--The Secretary shall 
        establish standards to permit implementation of this section in 
        fiscal year 1996.
            (2) Consultation.--Each public housing agency shall consult 
        with the applicable public housing tenants and the unit of 
        general local government in identifying any public housing 
        developments under subsection (a).
            (3) Failure of phas to comply with subsection (a).--Where 
        the Secretary determines that--
                    (A) a public housing agency has failed under 
                subsection (a) to identify public housing developments 
                for removal from the inventory of the agency in a 
                timely manner;
                    (B) a public housing agency has failed to identify 
                one or more public housing developments which the 
                Secretary determines should have been identified under 
                subsection (a); or
                    (C) one or more of the developments identified by 
                the public housing agency pursuant to subsection (a) 
                should not, in the determination of the Secretary, have 
                been identified under that subsection;
        the Secretary may designate the developments to be removed from 
        the inventory of the public housing agency pursuant to this 
        section.
    (c) Removal of Units From the Inventories of Public Housing 
Agencies.--
            (1) Each public housing agency shall develop and carry out 
        a plan in conjunction with the Secretary for the removal of 
        public housing units identified under subsection (a) or 
        subsection (b)(3), over a period of up to five years, from the 
        inventory of the public housing agency and the annual 
        contributions contract. The plan shall be approved by the 
        relevant local official as not inconsistent with the 
        Comprehensive Housing Affordability Strategy under title I of 
        the Housing and Community Development Act of 1992, including a 
        description of any disposition and demolition plan for the 
        public housing units.
            (2) The Secretary may extend the deadline in paragraph (1) 
        for up to an additional five years where the Secretary makes a 
        determination that the deadline is impracticable.
            (3) The Secretary shall take appropriate actions to ensure 
        removal of developments identified under subsection (a) or 
        subsection (b)(3) from the inventory of a public housing 
        agency, if the public housing agency fails to adequately 
        develop a plan under paragraph (1), or fails to adequately 
        implement such plan in accordance with the terms of the plan.
            (4) To the extent approved in appropriations Acts, the 
        Secretary may establish requirements and provide funding under 
        the Urban Revitalization Demonstration program for demolition 
        and disposition of public housing under this section.
            (5) Notwithstanding any other provision of law, if a 
        development is removed from the inventory of a public housing 
        agency and the annual contributions contract pursuant to 
        paragraph (1), the Secretary may authorize or direct the 
        transfer of--
                    (A) in the case of an agency receiving assistance 
                under the comprehensive improvement assistance program, 
                any amounts obligated by the Secretary for the 
                modernization of such development pursuant to section 
                14 of the United States Housing Act of 1937;
                    (B) in the case of an agency receiving public and 
                Indian housing modernization assistance by formula 
                pursuant to section 14 of the United States Housing Act 
                of 1937, any amounts provided to the agency which are 
                attributable pursuant to the formula for allocating 
                such assistance to the development removed from the 
                inventory of that agency; and
                    (C) in the case of an agency receiving assistance 
                for the major reconstruction of obsolete projects, any 
                amounts obligated by the Secretary for the major 
                reconstruction of the development pursuant to section 5 
                of such Act,
        to the tenant-based assistance program or appropriate site 
        revitalization of such agency.
            (6) Cessation of unnecessary spending.--Notwithstanding any 
        other provision of law, if, in the determination of the 
        Secretary, a development meets or is likely to meet the 
        criteria set forth in subsection (a), the Secretary may direct 
        the public housing agency to cease additional spending in 
        connection with the development, except to the extent that 
        additional spending is necessary to ensure decent, safe, and 
        sanitary housing until the Secretary determines or approves an 
        appropriate course of action with respect to such development 
        under this section.
    (d) Conversion to Tenant-Based Assistance.--
            (1) The Secretary shall make authority available to a 
        public housing agency to provide tenant-based assistance 
        pursuant to section 8 to families residing in any development 
        that is removed from the inventory of the public housing agency 
        and the annual contributions contract pursuant to subsection 
        (b).
            (2) Each conversion plan under subsection (c) shall--
                    (A) require the agency to notify families residing 
                in the development, consistent with any guidelines 
                issued by the Secretary governing such notifications, 
                that the development shall be removed from the 
                inventory of the public housing agency and the families 
                shall receive tenant-based or project-based assistance, 
                and to provide any necessary counseling for families; 
                and
                    (B) ensure that all tenants affected by a 
                determination under this section that a development 
                shall be removed from the inventory of a public housing 
                agency shall be offered tenant-based or project-based 
                assistance and shall be relocated, as necessary, to 
                other decent, safe, sanitary, and affordable housing 
                which is, to the maximum extent practicable, housing of 
                their choice.
    (e) In General.--
            (1) The Secretary may require a public housing agency to 
        provide such information as the Secretary considers necessary 
        for the administration of this section.
            (2) As used in this section, the term ``development'' shall 
        refer to a project or projects, or to portions of a project or 
        projects, as appropriate.
            (3) Section 18 of the United States Housing Act of 1937 
        shall not apply to the demolition of developments removed from 
        the inventory of the public housing agency under this section.

             streamlining section 8 tenant-based assistance

    Sec. 204. (a) ``Take-One, Take-All''.--Section 8(t) of the United 
States Housing Act of 1937 is hereby repealed.
    (b) Exemption From Notice Requirements for the Certificate and 
Voucher Programs.--Section 8(c) of such Act is amended--
            (1) in paragraph (8), by inserting after ``section'' the 
        following: ``(other than a contract for assistance under the 
        certificate or voucher program)''; and
            (2) in the first sentence of paragraph (9), by striking 
        ``(but not less than 90 days in the case of housing 
        certificates or vouchers under subsection (b) or (o))'' and 
        inserting ``, other than a contract under the certificate or 
        voucher program''.
    (c) Endless Lease.--Section 8(d)(1)(B) of such Act is amended--
            (1) in clause (ii), by inserting ``during the term of the 
        lease,'' after ``(ii)''; and
            (2) in clause (iii), by striking ``provide that'' and 
        inserting ``during the term of the lease,''.
    (d) Applicability.--The provisions of this section shall be 
effective for fiscal year 1996 only.

         public housing/section 8 moving to work demonstration

    Sec. 206. (a) Purpose.--The purpose of this demonstration is to 
give public housing agencies and the Secretary of Housing and Urban 
Development the flexibility to design and test various approaches for 
providing and administering housing assistance that: reduce cost and 
achieve greater cost effectiveness in Federal expenditures; give 
incentives to families with children where the head of household is 
working, seeking work, or is preparing for work by participating in job 
training, educational programs, or programs that assist people to 
obtain employment and become economically self-sufficient; and increase 
housing choices for low-income families.
    (b) Program Authority.--The Secretary of Housing and Urban 
Development shall conduct a demonstration program under this section 
beginning in fiscal year 1996 under which up to 30 public housing 
agencies (including Indian housing authorities) administering the 
public or Indian housing program and the section 8 housing assistance 
payments program may be selected by the Secretary to participate. The 
Secretary shall provide training and technical assistance during the 
demonstration and conduct detailed evaluations of up to 15 such 
agencies in an effort to identify replicable program models promoting 
the purpose of the demonstration. Under the demonstration, 
notwithstanding any provision of the United States Housing Act of 1937 
except as provided in subsection (e), an agency may combine operating 
assistance provided under section 9 of the United States Housing Act of 
1937, modernization assistance provided under section 14 of such Act, 
and assistance provided under section 8 of such Act for the certificate 
and voucher programs, to provide housing assistance for low-income 
families, as defined in section 3(b)(2) of the United States Housing 
Act of 1937, and services to facilitate the transition to work on such 
terms and conditions as the agency may propose and the Secretary may 
approve.
    (c) Application.--An application to participate in the 
demonstration--
            (1) shall request authority to combine assistance under 
        sections 8, 9, and 14 of the United States Housing Act of 1937;
            (2) shall be submitted only after the public housing agency 
        provides for citizen participation through a public hearing 
        and, if appropriate, other means;
            (3) shall include a plan developed by the agency that takes 
        into account comments from the public hearing and any other 
        public comments on the proposed program, and comments from 
        current and prospective residents who would be affected, and 
        that includes criteria for--
                    (A) families to be assisted, which shall require 
                that at least 75 percent of the families assisted by 
                participating demonstration public housing authorities 
                shall be very low-income families, as defined in 
                section 3(b)(2) of the United States Housing Act of 
                1937;
                    (B) establishing a reasonable rent policy, which 
                shall be designed to encourage employment and self-
                sufficiency by participating families, consistent with 
                the purpose of this demonstration, such as by excluding 
                some or all of a family's earned income for purposes of 
                determining rent;
                    (C) continuing to assist substantially the same 
                total number of eligible low-income families as would 
                have been served had the amounts not been combined;
                    (D) maintaining a comparable mix of families (by 
                family size) as would have been provided had the 
                amounts not been used under the demonstration; and
                    (E) assuring that housing assisted under the 
                demonstration program meets housing quality standards 
                established or approved by the Secretary; and
            (4) may request assistance for training and technical 
        assistance to assist with design of the demonstration and to 
        participate in a detailed evaluation.
    (d) Selection.--In selecting among applications, the Secretary 
shall take into account the potential of each agency to plan and carry 
out a program under the demonstration, the relative performance by an 
agency under the public housing management assessment program under 
section 6(j) of the United States Housing Act of 1937, and other 
appropriate factors as determined by the Secretary.
    (e) Applicability of 1937 Act Provisions.--
            (1) Section 18 of the United States Housing Act of 1937 
        shall continue to apply to public housing notwithstanding any 
        use of the housing under this demonstration.
            (2) Section 12 of such Act shall apply to housing assisted 
        under the demonstration, other than housing assisted solely due 
        to occupancy by families receiving tenant-based assistance.
    (f) Effect on Section 8, Operating Subsidies, and Comprehensive 
Grant Program Allocations.--The amount of assistance received under 
section 8, section 9, or pursuant to section 14 by a public housing 
agency participating in the demonstration under this part shall not be 
diminished by its participation.
    (g) Records, Reports, and Audits.--
            (1) Keeping of records.--Each agency shall keep such 
        records as the Secretary may prescribe as reasonably necessary 
        to disclose the amounts and the disposition of amounts under 
        this demonstration, to ensure compliance with the requirements 
        of this section, and to measure performance.
            (2) Reports.--Each agency shall submit to the Secretary a 
        report, or series of reports, in a form and at a time specified 
        by the Secretary. Each report shall--
                    (A) document the use of funds made available under 
                this section;
                    (B) provide such data as the Secretary may request 
                to assist the Secretary in assessing the demonstration; 
                and
                    (C) describe and analyze the effect of assisted 
                activities in addressing the objectives of this part.
            (3) Access to documents by the secretary.--The Secretary 
        shall have access for the purpose of audit and examination to 
        any books, documents, papers, and records that are pertinent to 
        assistance in connection with, and the requirements of, this 
        section.
            (4) Access to documents by the comptroller general.--The 
        Comptroller General of the United States, or any of the duly 
        authorized representatives of the Comptroller General, shall 
        have access for the purpose of audit and examination to any 
        books, documents, papers, and records that are pertinent to 
        assistance in connection with, and the requirements of, this 
        section.
    (h) Evaluation and Report.--
            (1) Consultation with pha and family representatives.--In 
        making assessments throughout the demonstration, the Secretary 
        shall consult with representatives of public housing agencies 
        and residents.
            (2) Report to congress.--Not later than 180 days after the 
        end of the third year of the demonstration, the Secretary shall 
        submit to the Congress a report evaluating the programs carried 
        out under the demonstration. The report shall also include 
        findings and recommendations for any appropriate legislative 
        action.
    (i) Funding for Technical Assistance and Evaluation.--From amounts 
appropriated for assistance under section 14 of the United States 
Housing Act of 1937 for fiscal years 1996, 1997, and 1998, the 
Secretary may use up to a total of $5,000,000--
            (1) to provide, directly or by contract, training and 
        technical assistance--
                    (A) to public housing agencies that express an 
                interest to apply for training and technical assistance 
                pursuant to subsection (c)(4), to assist them in 
                designing programs to be proposed for the 
                demonstration; and
                    (B) to up to 10 agencies selected to receive 
                training and technical assistance pursuant to 
                subsection (c)(4), to assist them in implementing the 
                approved program; and
            (2) to conduct detailed evaluations of the activities of 
        the public housing agencies under paragraph (1)(B), directly or 
        by contract.

            extension of multifamily housing finance program

    Sec. 208. (a) The first sentence of section 542(b)(5) of the 
Housing and Community Development Act of 1992 (12 U.S.C. 1707 note) is 
amended by striking ``on not more than 15,000 units over fiscal years 
1993 and 1994'' and inserting ``on not more than 7,500 units during 
fiscal year 1996''.
    (b) The first sentence of section 542(c)(4) of the Housing and 
Community Development Act of 1992 (12 U.S.C. 1707 note) is amended by 
striking ``on not to exceed 30,000 units over fiscal years 1993, 1994, 
and 1995'' and inserting ``on not more than 10,000 units during fiscal 
year 1996''.

        foreclosure of hud-held mortgages through third parties

    Sec. 209. During fiscal year 1996, the Secretary of Housing and 
Urban Development may delegate to one or more entities the authority to 
carry out some or all of the functions and responsibilities of the 
Secretary in connection with the foreclosure of mortgages held by the 
Secretary under the National Housing Act.

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

    Sec. 210. During fiscal year 1996, the Secretary of Housing and 
Urban Development may sell or otherwise transfer multifamily mortgages 
held by the Secretary under the National Housing Act to a State housing 
finance agency in connection with a program authorized under section 
542 (b) or (c) of the Housing and Community Development Act of 1992 
without regard to the unit limitations in section 542(b)(5) or 
542(c)(4) of such Act.

                    transfer of section 8 authority

    Sec. 211. Section 8 of the United States Housing Act of 1937 is 
amended by adding the following new subsection at the end:
    ``(bb) Transfer of Budget Authority.--If an assistance contract 
under this section, other than a contract for tenant-based assistance, 
is terminated or is not renewed, or if the contract expires, the 
Secretary shall, in order to provide continued assistance to eligible 
families, including eligible families receiving the benefit of the 
project-based assistance at the time of the termination, transfer any 
budget authority remaining in the contract to another contract. The 
transfer shall be under such terms as the Secretary may prescribe.''.

               documentation of multifamily refinancings

    Sec. 212. Notwithstanding the 16th paragraph under the item 
relating to ``administrative provisions'' in title II of the 
Departments of Veterans Affairs and Housing and Urban Development, and 
Independent Agencies Appropriations Act, 1995 (Public Law 103-327; 108 
Stat. 2316), the amendments to section 223(a)(7) of the National 
Housing Act made by the 15th paragraph of such Act shall be effective 
during fiscal year 1996 and thereafter.

                fha multifamily demonstration authority

    Sec. 213. (a) On and after October 1, 1995, and before October 1, 
1997, the Secretary of Housing and Urban Development shall initiate a 
demonstration program with respect to multifamily projects whose owners 
agree to participate and whose mortgages are insured under the National 
Housing Act and that are assisted under section 8 of the United States 
Housing Act of 1937 and whose present section 8 rents are, in the 
aggregate, in excess of the fair market rent of the locality in which 
the project is located. These programs shall be designed to test the 
feasibility and desirability of the goal of ensuring, to the maximum 
extent practicable, that the debt service and operating expenses, 
including adequate reserves, attributable to such multifamily projects 
can be supported with or without mortgage insurance under the National 
Housing Act and with or without above-market rents and utilizing 
project-based assistance or, with the consent of the property owner, 
tenant-based assistance, while taking into account the need for 
assistance of low- and very low-income families in such projects. In 
carrying out this demonstration, the Secretary may use arrangements 
with third parties, under which the Secretary may provide for the 
assumption by the third parties (by delegation, contract, or otherwise) 
of some or all of the functions, obligations, and benefits of the 
Secretary.
            (1) Goals.--The Secretary of Housing and Urban Development 
        shall carry out the demonstration programs under this section 
        in a manner that--
                    (A) will protect the financial interests of the 
                Federal Government;
                    (B) will result in significant discretionary cost 
                savings through debt restructuring and subsidy 
                reduction; and
                    (C) will, in the least costly fashion, address the 
                goals of--
                            (i) maintaining existing housing stock in a 
                        decent, safe, and sanitary condition;
                            (ii) minimizing the involuntary 
                        displacement of tenants;
                            (iii) restructuring the mortgages of such 
                        projects in a manner that is consistent with 
                        local housing market conditions;
                            (iv) supporting fair housing strategies;
                            (v) minimizing any adverse income tax 
                        impact on property owners; and
                            (vi) minimizing any adverse impact on 
                        residential neighborhoods.
        In determining the manner in which a mortgage is to be 
        restructured or the subsidy reduced, the Secretary may balance 
        competing goals relating to individual projects in a manner 
        that will further the purposes of this section.
            (2) Demonstration approaches.--In carrying out the 
        demonstration programs, subject to the appropriation in 
        subsection (f), the Secretary may use one or more of the 
        following approaches:
                    (A) Joint venture arrangements with third parties, 
                under which the Secretary may provide for the 
                assumption by the third parties (by delegation, 
                contract, or otherwise) of some or all of the 
                functions, obligations, and benefits of the Secretary.
                    (B) Subsidization of the debt service of the 
                project to a level that can be paid by an owner 
                receiving an unsubsidized market rent.
                    (C) Renewal of existing project-based assistance 
                contracts where the Secretary shall approve proposed 
                initial rent levels that do not exceed the greater of 
                120 percent of fair market rents or comparable market 
                rents for the relevant metropolitan market area or at 
                rent levels under a budget-based approach.
                    (D) Nonrenewal of expiring existing project-based 
                assistance contracts and providing tenant-based 
                assistance to previously assisted households.
    (b) For purposes of carrying out demonstration programs under 
subsection (a)--
            (1) the Secretary may manage and dispose of multifamily 
        properties owned by the Secretary as of October 1, 1995 and 
        multifamily mortgages held by the Secretary as of October 1, 
        1995 for properties assisted under section 8 with rents above 
        110 percent of fair market rents without regard to any other 
        provision of law; and
            (2) the Secretary may delegate to one or more entities the 
        authority to carry out some or all of the functions and 
        responsibilities of the Secretary in connection with the 
        foreclosure of mortgages held by the Secretary under the 
        National Housing Act.
    (c) For purposes of carrying out demonstration programs under 
subsection (a), subject to such third party consents (if any) as are 
necessary including but not limited to (i) consent by the Government 
National Mortgage Association where it owns a mortgage insured by the 
Secretary; (ii) consent by an issuer under the mortgage-backed 
securities program of the Association, subject to the responsibilities 
of the issuer to its security holders and the Association under such 
program; and (iii) parties to any contractual agreement which the 
Secretary proposes to modify or discontinue, and subject to the 
appropriation in subsection (c), the Secretary or one or more third 
parties designated by the Secretary may take the following actions:
            (1) Notwithstanding any other provision of law, and subject 
        to the agreement of the project owner, the Secretary or third 
        party may remove, relinquish, extinguish, modify, or agree to 
        the removal of any mortgage, regulatory agreement, project-
        based assistance contract, use agreement, or restriction that 
        had been imposed or required by the Secretary, including 
        restrictions on distributions of income which the Secretary or 
        third party determines would interfere with the ability of the 
        project to operate without above market rents. The Secretary or 
        third party may require an owner of a property assisted under 
        the section 8 new construction/substantial rehabilitation 
        program to apply any accumulated residual receipts toward 
        effecting the purposes of this section.
            (2) Notwithstanding any other provision of law, the 
        Secretary of Housing and Urban Development may enter into 
        contracts to purchase reinsurance, or enter into participations 
        or otherwise transfer economic interest in contracts of 
        insurance or in the premiums paid, or due to be paid, on such 
        insurance to third parties, on such terms and conditions as the 
        Secretary may determine.
            (3) The Secretary may offer project-based assistance with 
        rents at or below fair market rents for the locality in which 
        the project is located and may negotiate such other terms as 
        are acceptable to the Secretary and the project owner.
            (4) The Secretary may offer to pay all or a portion of the 
        project's debt service, including payments monthly from the 
        appropriate Insurance Fund, for the full remaining term of the 
        insured mortgage.
            (5) Notwithstanding any other provision of law, the 
        Secretary may forgive and cancel any FHA-insured mortgage debt 
        that a demonstration program property cannot carry at market 
        rents while bearing full operating costs.
            (6) For demonstration program properties that cannot carry 
        full operating costs (excluding debt service) at market rents, 
        the Secretary may approve project-based rents sufficient to 
        carry such full operating costs and may offer to pay the full 
        debt service in the manner provided in paragraph (4).
    (d) Community and Tenant Input.--In carrying out this section, the 
Secretary shall develop procedures to provide appropriate and timely 
notice to officials of the unit of general local government affected, 
the community in which the project is situated, and the tenants of the 
project.
    (e) Limitation on Demonstration Authority.--The Secretary may carry 
out demonstration programs under this section with respect to mortgages 
not to exceed 15,000 units. The demonstration authorized under this 
section shall not be expanded until the reports required under 
subsection (g) are submitted to the Congress.
    (f) Appropriation.--For the cost of modifying loans held or 
guaranteed by the Federal Housing Administration, as authorized by this 
subsection (a)(2) and subsection (c), $15,000,000, to remain available 
until September 30, 1997: Provided, That such costs shall be as defined 
in section 502 of the Congressional Budget Act of 1974, as amended.
    (g) Report to Congress.--The Secretary shall submit to the Congress 
every six months after the date of enactment of this Act a report 
describing and assessing the programs carried out under the 
demonstrations. The Secretary shall also submit a final report to the 
Congress not later than six months after the end of the demonstrations. 
The reports shall include findings and recommendations for any 
legislative action appropriate. The reports shall also include a 
description of the status of each multifamily housing project selected 
for the demonstrations under this section. The final report may 
include--
            (1) the size of the projects;
            (2) the geographic locations of the projects, by State and 
        region;
            (3) the physical and financial condition of the projects;
            (4) the occupancy profile of the projects, including the 
        income, family size, race, and ethnic origin of current 
        tenants, and the rents paid by such tenants;
            (5) a description of actions undertaken pursuant to this 
        section, including a description of the effectiveness of such 
        actions and any impediments to the transfer or sale of 
        multifamily housing projects;
            (6) a description of the extent to which the demonstrations 
        under this section have displaced tenants of multifamily 
        housing projects;
            (7) a description of any of the functions performed in 
        connection with this section that are transferred or contracted 
        out to public or private entities or to States;
            (8) a description of the impact to which the demonstrations 
        under this section have affected the localities and communities 
        where the selected multifamily housing projects are located; 
        and
            (9) a description of the extent to which the demonstrations 
        under this section have affected the owners of multifamily 
        housing projects.

 assessment collection dates for office of federal housing enterprise 
                               oversight

    Sec. 216. Section 1316(b) of the Housing and Community Development 
Act of 1992 (12 U.S.C. 4516(b)) is amended by striking paragraph (2) 
and inserting the following new paragraph:
    ``(2) Timing of payment.--The annual assessment shall be payable 
semiannually for each fiscal year, on October 1 and April 1.''.

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

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

                            debt forgiveness

    Sec. 218. (a) The Secretary of Housing and Urban Development shall 
cancel the indebtedness of the Hubbard Hospital Authority of Hubbard, 
Texas, relating to the public facilities loan for Project Number PFL-
TEX-215, issued under title II of the Housing Amendments of 1955. Such 
hospital authority is relieved of all liability to the Government for 
the outstanding principal balance on such loan, for the amount of 
accrued interest on such loan, and for any fees and charges payable in 
connection with such loan.
    (b) The Secretary of Housing and Urban Development shall cancel the 
indebtedness of the Groveton Texas Hospital Authority relating to the 
public facilities loan for Project Number TEX-41-PFL0162, issued under 
title II of the Housing Amendments of 1955. Such hospital authority is 
relieved of all liability to the Government for the outstanding 
principal balance on such loan, for the amount of accrued interest on 
such loan, and for any fees and charges payable in connection with such 
loan.
    (c) The Secretary of Housing and Urban Development shall cancel the 
indebtedness of the Hepzibah Public Service District of Hepzibah, West 
Virginia, relating to the public facilities loan for Project Number WV-
46-PFL0031, issued under title II of the Housing Amendments of 1955. 
Such public service district is relieved of all liability to the 
Government for the outstanding principal balance on such loan, for the 
amount of accrued interest on such loan, and for any fees and charges 
payable in connection with such loan.

                             clarifications

    Sec. 219. For purposes of Federal law, the Paul Mirabile Center in 
San Diego, California, including areas within such Center that are 
devoted to the delivery of supportive services, has been determined to 
satisfy the ``continuum of care'' requirements of the Department of 
Housing and Urban Development, and shall be treated as--
            (a) consisting solely of residential units that (i) contain 
        sleeping accommodations and kitchen and bathroom facilities, 
        (ii) are located in a building that is used exclusively to 
        facilitate the transition of homeless individuals (within the 
        meaning of section 103 of the Stewart B. McKinney Homeless 
        Assistance Act (42 U.S.C. 11302), as in effect on December 19, 
        1989) to independent living within 24 months, (iii) are 
        suitable for occupancy, with each cubicle constituting a 
        separate bedroom and residential unit, (iv) are used on other 
        than a transient basis, and (v) shall be originally placed in 
        service on November 1, 1995; and
            (b) property that is entirely residential rental property, 
        namely, a project for residential rental property.

                         employment limitations

    Sec. 220. (a) By the end of fiscal year 1996 the Department of 
Housing and Urban Development shall employ no more than eight Assistant 
Secretaries, notwithstanding section 4(a) of the Department of Housing 
and Urban Development Act.
    (b) By the end of fiscal year 1996 the Department of Housing and 
Urban Development shall employ no more than 85 schedule C and 20 non-
career senior executive service employees.

                              use of funds

    Sec. 221. (a) Of the $93,400,000 earmarked in Public Law 101-144 
(103 Stat. 850), as amended by Public Law 101-302 (104 Stat. 237), for 
special projects and purposes, any amounts remaining of the $500,000 
made available to Bethlehem House in Highland, California, for site 
planning and loan acquisition shall instead be made available to the 
County of San Bernardino in California to assist with the expansion of 
the Los Padrinos Gang Intervention Program and the Unity Home Domestic 
Violence Shelter.
    (b) The amount made available for fiscal year 1995 for the removal 
of asbestos from an abandoned public school building in Toledo, Ohio 
shall be made available for the renovation and rehabilitation of an 
industrial building at the University of Toledo in Toledo, Ohio.

                       lead-based paint abatement

    Sec. 222. (a) Section 1011 of Title X--Residential Lead-Based Paint 
Hazard Reduction Act of 1992 is amended as follows: Strike ``priority 
housing'' wherever it appears in said section and insert ``housing''.
    (b) Section 1011(a) shall be amended as follows: At the end of the 
subsection after the period, insert: ``Grants shall only be made under 
this section to provide assistance for housing which meets the 
following criteria--
            ``(1) for grants made to assist rental housing, at least 50 
        percent of the units must be occupied by or made available to 
        families with incomes at or below 50 percent of the area median 
        income level and the remaining units shall be occupied or made 
        available to families with incomes at or below 80 percent of 
        the area median income level, and in all cases the landlord 
        shall give priority in renting units assisted under this 
        section, for not less than 3 years following the completion of 
        lead abatement activities, to families with a child under the 
        age of six years, except that buildings with five or more units 
        may have 20 percent of the units occupied by families with 
        incomes above 80 percent of area median income level;
            ``(2) for grants made to assist housing owned by owner-
        occupants, all units assisted with grants under this section 
        shall be the principal residence of families with income at or 
        below 80 percent of the area median income level, and not less 
        than 90 percent of the units assisted with grants under this 
        section shall be occupied by a child under the age of six years 
        or shall be units where a child under the age of six years 
        spends a significant amount of time visiting; and
            ``(3) notwithstanding paragraphs (1) and (2), Round II 
        grantees who receive assistance under this section may use such 
        assistance for priority housing.''.

      extension period for sharing utility cost savings with phas

    Sec. 223. Section 9(a)(3)(B)(i) of the United States Housing Act of 
1937 is amended by striking ``for a period not to exceed 6 years''.

                          mortgage note sales

    Sec. 223A. The first sentence of section 221(g)(4)(C)(viii) of the 
National Housing Act is amended by striking ``September 30, 1995'' and 
inserting in lieu thereof ``September 30, 1996''.

                         repeal of frost-leland

    Sec. 223B. Section 415 of the Department of Housing and Urban 
Development--Independent Agencies Appropriations Act, 1988 (Public Law 
100-202; 101 Stat. 1329-213) is repealed effective the date of 
enactment of Public Law 104-19. The Secretary is authorized to demolish 
the structures identified in such section. The Secretary is also 
authorized to compensate those local governments which, due to this 
provision, expended local revenues demolishing the developments 
identified in such provision.

              fha single-family assignment program reform

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

                          spending limitations

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

           transfer of functions to the department of justice

    Sec. 223E. All functions, activities and responsibilities of the 
Secretary of Housing and Urban Development relating to title VIII of 
the Civil Rights Act of 1968, as amended by the Fair Housing Amendments 
Act of 1988, and the Fair Housing Act, including any rights guaranteed 
under the Fair Housing Act (including any functions relating to the 
Fair Housing Initiatives program under section 561 of the Housing and 
Community Development Act of 1987), are hereby transferred to the 
Attorney General of the United States effective April 1, 1997: 
Provided, That none of the aforementioned authority or responsibility 
for enforcement of the Fair Housing Act shall be transferred to the 
Attorney General until adequate personnel and resources allocated to 
such activity at the Department of Housing and Urban Development are 
transferred to the Department of Justice.
    Sec. 224. None of the funds provided in this Act may be used during 
fiscal year 1996 to investigate or prosecute under the Fair Housing Act 
(42 U.S.C. 3601, et seq.) any otherwise lawful activity engaged in by 
one or more persons, including the filing or maintaining of non-
frivolous legal action, that is engaged in solely for the purposes of 
achieving or preventing action by a Government official, entity, or 
court of competent jurisdiction.
    Sec. 225. None of the funds provided in this Act many be used to 
take any enforcement action with respect to a complaint of 
discrimination under the Fair Housing Act (42 U.S.C. 3601, et seq.) on 
the basis of familial status and which involves an occupancy standard 
established by the housing provider except to the extent that it is 
found that there has been discrimination in contravention of the 
standards provided in the March 20, 1991 Memorandum from the General 
Counsel of the Department of Housing and Urban Development to all 
Regional Counsel or until such time that HUD issues a final rule in 
accordance with section 553 of title 5, United States Code.

                        cdbg eligible activities

    Sec. 226. Section 105(a) of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5305(a)) is amended--
            (1) in paragraph (4)--
                    (A) by inserting ``reconstruction,'' after 
                ``removal,''; and
                    (B) by striking ``acquisition for rehabilitation, 
                and rehabilitation'' and inserting ``acquisition for 
                reconstruction or rehabilitation, and reconstruction or 
                rehabilitation'';
            (2) in paragraph (13), by striking ``and'' at the end;
            (3) by striking paragraph (19);
            (4) in paragraph (24), by striking ``and'' at the end;
            (5) in paragraph (25), by striking the period at the end 
        and inserting ``; and'';
            (6) by redesignating paragraphs (20) through (25) as 
        paragraphs (19) through (24), respectively; and
            (7) by redesignating paragraph (21) (as added by section 
        1012(f)(3) of the Housing and Community Development Act of 
        1992) as paragraph (25).
    Sec. 227. (a) The second sentence of section 236(f)(1) of the 
National Housing Act, as amended by section 405(d)(1) of The Balanced 
Budget Downpayment Act, I, is amended--
            (1) by striking ``or (ii)'' and inserting ``(ii)''; and
            (2) by striking ``located,'' and inserting: ``located, or 
        (iii) the actual rent (as determined by the Secretary) paid for 
        a comparable unit in comparable unassisted housing in the 
        market area in which the housing assisted under this section is 
        located,''.
    (b) The first sentence of section 236(g) of the National Housing 
Act is amended by inserting the phrase ``on a unit-by-unit basis'' 
after ``collected''.

                               TITLE III

                          INDEPENDENT AGENCIES

                  American Battle Monuments Commission

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, including the acquisition of land or 
interest in land in foreign countries; purchases and repair of uniforms 
for caretakers of national cemeteries and monuments outside of the 
United States and its territories and possessions; rent of office and 
garage space in foreign countries; purchase (one for replacement only) 
and hire of passenger motor vehicles; and insurance of official motor 
vehicles in foreign countries, when required by law of such countries; 
$20,265,000, to remain available until expended: Provided, That where 
station allowance has been authorized by the Department of the Army for 
officers of the Army serving the Army at certain foreign stations, the 
same allowance shall be authorized for officers of the Armed Forces 
assigned to the Commission while serving at the same foreign stations, 
and this appropriation is hereby made available for the payment of such 
allowance: Provided further, That when traveling on business of the 
Commission, officers of the Armed Forces serving as members or as 
Secretary of the Commission may be reimbursed for expenses as provided 
for civilian members of the Commission: Provided further, That the 
Commission shall reimburse other Government agencies, including the 
Armed Forces, for salary, pay, and allowances of personnel assigned to 
it.

                       Department of the Treasury

           community development financial institutions fund

                            program account

    For grants, loans, and technical assistance to qualifying community 
development financial institutions, and administrative expenses of the 
Fund, $50,000,000, to remain available until September 30, 1997: 
Provided, That of the funds made available under this heading not to 
exceed $4,000,000 may be used for the cost of direct loans, and not to 
exceed $400,000 may be used for administrative expenses to carry out 
the direct loan program: Provided further, That the cost of direct 
loans, including the cost of modifying such loans, shall be defined as 
in section 502 of the Congressional Budget Act of 1974: Provided 
further, That such funds are available to subsidize gross obligations 
for the principal amount of direct loans not to exceed $31,600,000: 
Provided further, That none of these funds shall be used to supplement 
existing resources provided to the Department for activities such as 
external affairs, general counsel, administration, finance, or office 
of inspector general: Provided further, That none of these funds shall 
be available for expenses of an Administrator as defined in section 104 
of the Community Development Banking and Financial Institutions Act of 
1994 (CDBFI Act): Provided further, That notwithstanding any other 
provision of law, for purposes of administering the Community 
Development Financial Institutions Fund, the Secretary of the Treasury 
shall have all powers and rights of the Administrator of the CDBFI Act 
and the Fund shall be within the Department of the Treasury.

                   Consumer Product Safety Commission

                         salaries and expenses

    For necessary expenses of the Consumer Product Safety Commission, 
including hire of passenger motor vehicles, services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the rate for GS-18, purchase of nominal awards to 
recognize non-Federal officials' contributions to Commission 
activities, and not to exceed $500 for official reception and 
representation expenses, $40,000,000.

             Corporation for National and Community Service

       national and community service programs operating expenses

                     (including transfer of funds)

    For necessary expenses for the Corporation for National and 
Community Service (referred to in the matter under this heading as the 
``Corporation'') in carrying out programs, activities, and initiatives 
under the National and Community Service Act of 1990 (referred to in 
the matter under this heading as the ``Act'') (42 U.S.C. 12501 et 
seq.), $383,500,000, of which $234,000,000 shall be available for 
obligation from September 1, 1996, through August 21, 1997: Provided, 
That not more than $25,000,000 shall be available for administrative 
expenses authorized under section 501(a)(4) of the Act (42 U.S.C. 
12681(a)(4)): Provided further, That not more than $2,500 shall be for 
official reception and representation expenses: Provided further, That 
not more than $59,000,000, to remain available without fiscal year 
limitation, shall be transferred to the National Service Trust account 
for educational awards authorized under subtitle D of title I of the 
Act (42 U.S.C. 12601 et seq.): Provided further, That not more than 
$175,000,000 of the amount provided under this heading shall be 
available for grants under the National Service Trust program 
authorized under subtitle C of title I of the Act (42 U.S.C. 12571 et 
seq.) (relating to activities including the Americorps program): 
Provided further, That not more than $3,500,000 of the funds made 
available under this heading shall be made available for the Points of 
Light Foundation for activities authorized under title III of the Act 
(42 U.S.C. 12661 et seq.): Provided further, That not more than 
$40,000,000 of the funds made available under this heading may be used 
to administer, reimburse, or support any national service program 
authorized under section 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)), 
and none of such funds shall be available for national service programs 
run by Federal agencies authorized under section 121(b) of such Act (42 
U.S.C. 12581(b)): Provided further, That, to the maximum extent 
feasible, funds appropriated in the preceding proviso shall be provided 
in a manner that is consistent with the recommendations of peer review 
panels in order to ensure that priority is given to programs that 
demonstrate quality, innovation, replicability, and sustainability: 
Provided further, That not more than $18,000,000 of the funds made 
available under this heading shall be available for the Civilian 
Community Corps authorized under subtitle E of title I of the Act (42 
U.S.C. 12611 et seq.): Provided further, That not more than $43,000,000 
shall be available for school-based and community-based service-
learning programs authorized under subtitle B of title I of the Act (42 
U.S.C. 12521 et seq.): Provided further, That not more than $15,000,000 
shall be available for quality and innovation activities authorized 
under subtitle H of title I of the Act (42 U.S.C. 12653 et seq.): 
Provided further, That not more than $5,000,000 shall be available for 
audits and other evaluations authorized under section 179 of the Act 
(42 U.S.C. 12639), of which up to $500,000 shall be available for a 
study by the National Academy of Public Administration on the 
structure, organization, and management of the Corporation and 
activities supported by the Corporation, including an assessment of the 
quality, innovation, replicability, and sustainability without Federal 
funds of such activities, and the Federal and non-federal cost of 
supporting participants in community service activities: Provided 
further, That no funds from any other appropriation, or from funds 
otherwise made available to the Corporation, shall be used to pay for 
personnel compensation and benefits, travel, or any other 
administrative expense for the Board of Directors, the Office of the 
Chief Executive Officer, the Office of the Managing Director, the 
Office of the Chief Financial Officer, the Office of National and 
Community Service Programs, the Civilian Community Corps, or any field 
office or staff of the Corporation working on the National and 
Community Service or Civilian Community Corps programs: Provided 
further, That to the maximum extent practicable, the Corporation shall 
increase significantly the level of matching funds and in-kind 
contributions provided by the private sector, shall expand 
significantly the number of educational awards provided under subtitle 
D of title 1, and shall reduce the total Federal cost per participant 
in all programs.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$2,000,000.

                       Court of Veterans Appeals

                         salaries and expenses

    For necessary expenses for the operation of the United States Court 
of Veterans Appeals as authorized by 38 U.S.C. sections 7251-7292, 
$9,000,000, of which not to exceed $678,000, to remain available until 
September 30, 1997, shall be available for the purpose of providing 
financial assistance as described, and in accordance with the process 
and reporting procedures set forth, under this head in Public Law 102-
229.

                      Department of Defense--Civil

                       Cemeterial Expenses, Army

                         salaries and expenses

    For necessary expenses, as authorized by law, for maintenance, 
operation, and improvement of Arlington National Cemetery and Soldiers' 
and Airmen's Home National Cemetery, and not to exceed $1,000 for 
official reception and representation expenses; $11,946,000, to remain 
available until expended.

                    Environmental Protection Agency

                         science and technology

    For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980 (CERCLA), as amended; necessary expenses for 
personnel and related costs and travel expenses, including uniforms, or 
allowances therefore, as authorized by 5 U.S.C. 5901-5902; services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for GS-18; procurement of 
laboratory equipment and supplies; other operating expenses in support 
of research and development; construction, alteration, repair, 
rehabilitation and renovation of facilities, not to exceed $75,000 per 
project; $525,000,000, which shall remain available until September 30, 
1997.

                 environmental programs and management

    For environmental programs and management, including necessary 
expenses, not otherwise provided for, for personnel and related costs 
and travel expenses, including uniforms, or allowances therefore, as 
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per diem rate 
equivalent to the rate for GS-18; hire of passenger motor vehicles; 
hire, maintenance, and operation of aircraft; purchase of reprints; 
library memberships in societies or associations which issue 
publications to members only or at a price to members lower than to 
subscribers who are not members; construction, alteration, repair, 
rehabilitation, and renovation of facilities, not to exceed $75,000 per 
project; and not to exceed $6,000 for official reception and 
representation expenses; $1,590,300,000, which shall remain available 
until September 30, 1997: Provided, That, notwithstanding any other 
provision of law, for this fiscal year and hereafter, an industrial 
discharger that is a pharmaceutical manufacturing facility and 
discharged to the Kalamazoo Water Reclamation Plant (an advanced 
wastewater treatment plant with activated carbon) prior to the date of 
enactment of this Act may be exempted from categorical pretreatment 
standards under section 307(b) of the Federal Water Pollution Control 
Act, as amended, if the following conditions are met:
            (1) the owner or operator of the Kalamazoo Water 
        Reclamation Plant applies to the State of Michigan for an 
        exemption for such industrial discharger,
            (2) the State or Administrator, as applicable, approves 
        such exemption request based upon a determination that the 
        Kalamazoo Water Reclamation Plant will provide treatment and 
        pollution removal equivalent to or better than that which would 
        be required through a combination of pretreatment by such 
        industrial discharger and treatment by the Kalamazoo Water 
        Reclamation Plant in the absence of the exemption, and
            (3) compliance with paragraph (2) is addressed by the 
        provisions and conditions of a permit issued to the Kalamazoo 
        Water Reclamation Plant under section 402 of such Act, and 
        there exists an operative financial contract between the City 
        of Kalamazoo and the industrial user and an approved local 
        pretreatment program, including a joint monitoring program and 
        local controls to prevent against interference and pass 
        through.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, and for construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $75,000 per project, 
$28,500,000.

                        buildings and facilities

    For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment or facilities of, or use by, the 
Environmental Protection Agency, $60,000,000, to remain available until 
expended.

                     hazardous substance superfund

                     (including transfer of funds)

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation and Liability Act of 1980 (CERCLA), as amended, 
including sections 111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 
9611), and for construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $75,000 per project; not to 
exceed $1,263,400,000, to remain available until expended, consisting 
of $1,013,400,000 as authorized by section 517(a) of the Superfund 
Amendments and Reauthorization Act of 1986 (SARA), as amended by Public 
Law 101-508 (of which, $100,000,000 shall not become available until 
September 1, 1996), and $250,000,000 as a payment from general revenues 
to the Hazardous Substance Superfund as authorized by section 517(b) of 
SARA, as amended by Public Law 101-508: Provided, That funds 
appropriated under this heading may be allocated to other Federal 
agencies in accordance with section 111(a) of CERCLA: Provided further, 
That $11,000,000 of the funds appropriated under this heading shall be 
transferred to the Office of Inspector General appropriation to remain 
available until September 30, 1996: Provided further, That 
notwithstanding section 111(m) of CERCLA or any other provision of law, 
not to exceed $59,000,000 of the funds appropriated under this heading 
shall be available to the Agency for Toxic Substances and Disease 
Registry to carry out activities described in sections 104(i), 
111(c)(4), and 111(c)(14) of CERCLA and section 118(f) of the Superfund 
Amendments and Reauthorization Act of 1986: Provided further, That none 
of the funds appropriated under this heading shall be available for the 
Agency for Toxic Substances and Disease Registry to issue in excess of 
40 toxicological profiles pursuant to section 104(i) of CERCLA during 
fiscal year 1996: Provided further, That none of the funds made 
available under this heading may be used by the Environmental 
Protection Agency to propose for listing or to list any additional 
facilities on the National Priorities List established by section 105 
of the Comprehensive Environmental Response, Compensation and Liability 
Act (CERCLA), as amended (42 U.S.C. 9605), unless the Administrator 
receives a written request to propose for listing or to list a facility 
from the Governor of the State in which the facility is located, or 
unless legislation to reauthorize CERCLA is enacted.

              leaking underground storage tank trust fund

                     (including transfer of funds)

    For necessary expenses to carry out leaking underground storage 
tank cleanup activities authorized by section 205 of the Superfund 
Amendments and Reauthorization Act of 1986, and for construction, 
alteration, repair, rehabilitation, and renovation of facilities, not 
to exceed $75,000 per project, $45,827,000, to remain available until 
expended: Provided, That no more than $7,000,000 shall be available for 
administrative expenses: Provided further, That $500,000 shall be 
transferred to the Office of Inspector General appropriation to remain 
available until September 30, 1996.

                           oil spill response

                     (including transfer of funds)

    For expenses necessary to carry out the Environmental Protection 
Agency's responsibilities under the Oil Pollution Act of 1990, 
$15,000,000, to be derived from the Oil Spill Liability trust fund, and 
to remain available until expended: Provided, That not more than 
$8,000,000 of these funds shall be available for administrative 
expenses.

                   state and tribal assistance grants

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $2,423,000,000, to remain available until expended, 
of which $1,500,000,000 shall be for making capitalization grants for 
State revolving funds to support water infrastructure financing; 
$100,000,000 for architectural, engineering, design, construction and 
related activities in connection with the construction of high priority 
water and wastewater facilities in the area of the United States-Mexico 
Border, after consultation with the appropriate border commission; 
$50,000,000 for grants to the State of Texas, which shall be matched by 
an equal amount of State funds from State resources, for the purpose of 
improving wastewater treatment for colonias; $15,000,000 for grants to 
the State of Alaska, subject to an appropriate cost share as determined 
by the Administrator, to address wastewater infrastructure needs of 
rural and Alaska Native villages; and $100,000,000 for making grants 
for the construction of wastewater treatment facilities and the 
development of groundwater in accordance with the terms and conditions 
specified for such grants in the Conference Report accompanying this 
Act (H.R. 2099): Provided, That beginning in fiscal year 1996 and each 
fiscal year thereafter, and notwithstanding any other provision of law, 
the Administrator is authorized to make grants annually from funds 
appropriated under this heading, subject to such terms and conditions 
as the Administrator shall establish, to any State or federally 
recognized Indian tribe for multimedia or single media pollution 
prevention, control and abatement and related environmental activities 
at the request of the Governor or other appropriate State official or 
the tribe: Provided further, That from funds appropriated under this 
heading, the Administrator may make grants to federally recognized 
Indian governments for the development of multimedia environmental 
programs: Provided further, That of the $1,500,000,000 for 
capitalization grants for State revolving funds to support water 
infrastructure financing, $325,000,000 shall be for drinking water 
State revolving funds, but if no drinking water State revolving fund 
legislation is enacted by June 1, 1996, these funds shall immediately 
be available for making capitalization grants under title VI of the 
Federal Water Pollution Control Act, as amended: Provided further, That 
of the funds made available in Public Law 103-327 and in Public Law 
103-124 for capitalization grants for State revolving funds to support 
water infrastructure financing, $225,000,000 shall be made available 
for capitalization grants for State revolving funds under title VI of 
the Federal Water Pollution Control Act, as amended, if no drinking 
water State revolving fund legislation is enacted by June 1, 1996: 
Provided further, That of the funds made available under this heading 
for capitalization grants for State Revolving Funds under title VI of 
the Federal Water Pollution Control Act, as amended, $50,000,000 shall 
be for wastewater treatment in impoverished communities pursuant to 
section 102(d) of H.R. 961 as approved by the United States House of 
Representatives on May 16, 1995: Provided further, That of the funds 
appropriated in the Construction Grants and Water Infrastructure/State 
Revolving Funds accounts since the appropriation for the fiscal year 
ending September 30, 1992, and hereafter, for making grants for 
wastewater treatment works construction projects, portions may be 
provided by the recipients to States for managing construction grant 
activities, on condition that the States agree to reimburse the 
recipients from State funding sources: Provided further, That the funds 
made available in Public Law 103-327 for a grant to the City of Mt. 
Arlington, New Jersey, in accordance with House Report 103-715, shall 
be available for a grant to that city for water and sewer improvements.

                       administrative provisions

    Sec. 301. None of the funds provided in this Act may be used within 
the Environmental Protection Agency for any final action by the 
Administrator or her delegate for signing and publishing for 
promulgation of a rule concerning any new standard for radon in 
drinking water.
    Sec. 302. None of the funds provided in this Act may be used during 
fiscal year 1996 to sign, promulgate, implement or enforce the 
requirement proposed as ``Regulation of Fuels and Fuel Additives: 
Individual Foreign Refinery Baseline Requirements for Reformulated 
Gasoline'' at volume 59 of the Federal Register at pages 22800 through 
22814.
    Sec. 303. None of the funds appropriated to the Environmental 
Protection Agency for fiscal year 1996 may be used to implement section 
404(c) of the Federal Water Pollution Control Act, as amended. No 
pending action by the Environmental Protection Agency to implement 
section 404(c) with respect to an individual permit shall remain in 
effect after the date of enactment of this Act.
    Sec. 304. None of the funds appropriated under this Act may be used 
to implement the requirements of section 186(b)(2), section 187(b) or 
section 211(m) of the Clean Air Act (42 U.S.C. 7512(b)(2), 7512a(b), or 
7545(m)) with respect to any moderate nonattainment area in which the 
average daily winter temperature is below 0 degrees Fahrenheit. The 
preceding sentence shall not be interpreted to preclude assistance from 
the Environmental Protection Agency to the State of Alaska to make 
progress toward meeting the carbon monoxide standard in such areas and 
to resolve remaining issues regarding the use of oxygenated fuels in 
such areas.
    Sec. 305. Notwithstanding any other provision of law, the 
Environmental Protection Agency shall: (1) transfer all real property 
acquired in Bay City, Michigan, for the creation of the Center for 
Ecology, Research and Training (CERT) to the City of Bay City or other 
local public or municipal entity; and (2) make a grant in fiscal year 
1996 to the recipient of the property of not less than $3,000,000 from 
funds previously appropriated for the CERT project for the purpose of 
environmental remediation and rehabilitation of real property included 
in the boundaries of the CERT project. The disposition of property 
shall be by donation or no-cost transfer and shall be made to the City 
of Bay City, Michigan or other local public or municipal entity.
    Further, notwithstanding any other provision of law, the agency 
shall have the authority to demolish or dispose of any improvements on 
such real property, or to donate, sell, or transfer any personal 
property or improvements on such real property to members of the 
general public, by auction or public sale, and to apply any funds 
received to costs related to the transfer of the real property 
authorized hereunder.

                   Executive Office of the President

                office of science and technology policy

    For necessary expenses of the Office of Science and Technology 
Policy, in carrying out the purposes of the National Science and 
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 
6601 and 6671), hire of passenger motor vehicles, services as 
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official 
reception and representation expenses, and rental of conference rooms 
in the District of Columbia, $4,981,000: Provided, That the Office of 
Science and Technology Policy shall reimburse other agencies for not 
less than one-half of the personnel compensation costs of individuals 
detailed to it.

  council on environmental quality and office of environmental quality

    For necessary expenses to continue functions assigned to the 
Council on Environmental Quality and Office of Environmental Quality 
pursuant to the National Environmental Policy Act of 1969, the 
Environmental Improvement Act of 1970 and Reorganization Plan No. 1 of 
1977, $2,180,000.

                  Federal Emergency Management Agency

                            disaster relief

    For necessary expenses in carrying out the functions of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5121 et seq.), $222,000,000, to remain available until expended.

            disaster assistance direct loan program account

    For the cost of direct loans, $2,155,000, as authorized by section 
319 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5121 et seq.): Provided, That such costs, including the 
cost of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
these funds are available to subsidize gross obligations for the 
principal amount of direct loans not to exceed $25,000,000.
    In addition, for administrative expenses to carry out the direct 
loan program, $95,000.

                         salaries and expenses

    For necessary expenses, not otherwise provided for, including hire 
and purchase of motor vehicles (31 U.S.C. 1343); uniforms, or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for GS-18; expenses of 
attendance of cooperating officials and individuals at meetings 
concerned with the work of emergency preparedness; transportation in 
connection with the continuity of Government programs to the same 
extent and in the same manner as permitted the Secretary of a Military 
Department under 10 U.S.C. 2632; and not to exceed $2,500 for official 
reception and representation expenses; $168,900,000.

                    office of the inspector general

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $4,673,000.

              emergency management planning and assistance

    For necessary expenses, not otherwise provided for, to carry out 
activities under the National Flood Insurance Act of 1968, as amended, 
and the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards 
Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.), the Federal 
Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et 
seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App. 
2061 et seq.), sections 107 and 303 of the National Security Act of 
1947, as amended (50 U.S.C. 404-405), and Reorganization Plan No. 3 of 
1978, $203,044,000.

                   emergency food and shelter program

    There is hereby appropriated $100,000,000 to the Federal Emergency 
Management Agency to carry out an emergency food and shelter program 
pursuant to title III of Public Law 100-77, as amended: Provided, That 
total administrative costs shall not exceed three and one-half per 
centum of the total appropriation.

                     national flood insurance fund

    For activities under the National Flood Insurance Act of 1968, the 
Flood Disaster Protection Act of 1973, and the National Flood Insurance 
Reform Act of 1994, not to exceed $20,562,000 for salaries and expenses 
associated with flood mitigation and flood insurance operations, and 
not to exceed $70,464,000 for flood mitigation, including up to 
$12,000,000 for expenses under section 1366 of the National Flood 
Insurance Act of 1968, as amended, which amount shall be available 
until September 30, 1997. In fiscal year 1996, no funds in excess of 
(1) $47,000,000 for operating expenses, (2) $292,526,000 for agents' 
commissions and taxes, and (3) $3,500,000 for interest on Treasury 
borrowings shall be available from the National Flood Insurance Fund 
without prior notice to the Committees on Appropriations.

                        administrative provision

    The Director of the Federal Emergency Management Agency shall 
promulgate through rulemaking a methodology for assessment and 
collection of fees to be assessed and collected beginning in fiscal 
year 1996 applicable to persons subject to the Federal Emergency 
Management Agency's radiological emergency preparedness regulations. 
The aggregate charges assessed pursuant to this section during fiscal 
year 1996 shall approximate, but not be less than, 100 per centum of 
the amounts anticipated by the Federal Emergency Management Agency to 
be obligated for its radiological emergency preparedness program for 
such fiscal year. The methodology for assessment and collection of fees 
shall be fair and equitable, and shall reflect the full amount of costs 
of providing radiological emergency planning, preparedness, response 
and associated services. Such fees will be assessed in a manner that 
reflects the use of agency resources for classes of regulated persons 
and the administrative costs of collecting such fees. Fees received 
pursuant to this section shall be deposited in the general fund of the 
Treasury as offsetting receipts. Assessment and collection of such fees 
are only authorized during fiscal year 1996.

                    General Services Administration

                      consumer information center

    For necessary expenses of the Consumer Information Center, 
including services authorized by 5 U.S.C. 3109, $2,061,000, to be 
deposited into the Consumer Information Center Fund: Provided, That the 
appropriations, revenues and collections deposited into the fund shall 
be available for necessary expenses of Consumer Information Center 
activities in the aggregate amount of $7,500,000. Administrative 
expenses of the Consumer Information Center in fiscal year 1996 shall 
not exceed $2,602,000. Appropriations, revenues, and collections 
accruing to this fund during fiscal year 1996 in excess of $7,500,000 
shall remain in the fund and shall not be available for expenditure 
except as authorized in appropriations Acts.

             National Aeronautics and Space Administration

                           human space flight

    For necessary expenses, not otherwise provided for, in the conduct 
and support of human space flight research and development activities, 
including research; development; operations; services; maintenance; 
construction of facilities including repair, rehabilitation, and 
modification of real and personal property, and acquisition or 
condemnation of real property, as authorized by law; space flight, 
spacecraft control and communications activities including operations, 
production, and services; and purchase, lease, charter, maintenance, 
and operation of mission and administrative aircraft; $5,456,600,000, 
to remain available until September 30, 1997.

                  science, aeronautics and technology

    For necessary expenses, not otherwise provided for, for the conduct 
and support of science, aeronautics, and technology research and 
development activities, including research; development; operations; 
services; maintenance; construction of facilities including repair, 
rehabilitation and modification of real and personal property, and 
acquisition or condemnation of real property, as authorized by law; 
space flight, spacecraft control and communications activities 
including operations, production, and services; and purchase, lease, 
charter, maintenance, and operation of mission and administrative 
aircraft; $5,845,900,000, to remain available until September 30, 1997.

                            mission support

    For necessary expenses, not otherwise provided for, in carrying out 
mission support for human space flight programs and science, 
aeronautical, and technology programs, including research operations 
and support; space communications activities including operations, 
production, and services; maintenance; construction of facilities 
including repair, rehabilitation, and modification of facilities, minor 
construction of new facilities and additions to existing facilities, 
facility planning and design, environmental compliance and restoration, 
and acquisition or condemnation of real property, as authorized by law; 
program management; personnel and related costs, including uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902); travel 
expenses; purchase, lease, charter, maintenance, and operation of 
mission and administrative aircraft; not to exceed $35,000 for official 
reception and representation expenses; and purchase (not to exceed 
thirty-three for replacement only) and hire of passenger motor 
vehicles; $2,502,200,000, to remain available until September 30, 1997.

                      office of inspector general

    For necessary expenses of the Office of the Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $16,000,000.

                       administrative provisions

                     (including transfer of funds)

    Notwithstanding the limitation on the availability of funds 
appropriated for ``Human space flight'', ``Science, aeronautics and 
technology'', or ``Mission support'' by this appropriations Act, when 
any activity has been initiated by the incurrence of obligations for 
construction of facilities as authorized by law, the amount available 
for such activity shall remain available until expended. This provision 
does not apply to the amounts appropriated in ``Mission support'' 
pursuant to the authorization for repair, rehabilitation and 
modification of facilities, minor construction of new facilities and 
additions to existing facilities, and facility planning and design.
    Notwithstanding the limitation on the availability of funds 
appropriated for ``Human space flight'', ``Science, aeronautics and 
technology'', or ``Mission support'' by this appropriations Act, the 
amounts appropriated for construction of facilities shall remain 
available until September 30, 1998.
    Notwithstanding the limitation on the availability of funds 
appropriated for ``Mission support'' and ``Office of Inspector 
General'', amounts made available by this Act for personnel and related 
costs and travel expenses of the National Aeronautics and Space 
Administration shall remain available until September 30, 1996 and may 
be used to enter into contracts for training, investigations, cost 
associated with personnel relocation, and for other services, to be 
provided during the next fiscal year.
    The unexpired balances of prior appropriations to NASA for 
activities for which funds are provided under this Act may be 
transferred to the new account established for the appropriation that 
provides funds for such activity under this Act. Balances so 
transferred may be merged with funds in the newly established account 
and thereafter may be accounted for as one fund to be available for the 
same purposes and under the same terms and conditions.
    Upon the determination by the Administrator that such action is 
necessary, the Administrator may, with the approval of the Office of 
Management and Budget, transfer not to exceed $50,000,000 of funds made 
available in this Act to the National Aeronautics and Space 
Administration between such appropriations or any subdivision thereof, 
to be merged with and to be available for the same purposes, and for 
the same time period, as the appropriation to which transferred: 
Provided, That such authority to transfer may not be used unless for 
higher priority items, based on unforeseen requirements, than those for 
which originally appropriated: Provided further, That the Administrator 
of the National Aeronautics and Space Administration shall notify the 
Congress promptly of all transfers made pursuant to this authority.

                  National Credit Union Administration

                       central liquidity facility

    During fiscal year 1996, gross obligations of the Central Liquidity 
Facility for the principal amount of new direct loans to member credit 
unions as authorized by the National Credit Union Central Liquidity 
Facility Act (12 U.S.C. 1795) shall not exceed $600,000,000: Provided, 
That administrative expenses of the Central Liquidity Facility in 
fiscal year 1996 shall not exceed $560,000.

                      National Science Foundation

                    research and related activities

    For necessary expenses in carrying out the purposes of the National 
Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and 
the Act to establish a National Medal of Science (42 U.S.C. 1880-1881); 
services as authorized by 5 U.S.C. 3109; maintenance and operation of 
aircraft and purchase of flight services for research support; 
acquisition of aircraft; $2,274,000,000, of which not to exceed 
$235,000,000 shall remain available until expended for Polar research 
and operations support, and for reimbursement to other Federal agencies 
for operational and science support and logistical and other related 
activities for the United States Antarctic program; the balance to 
remain available until September 30, 1997: Provided, That receipts for 
scientific support services and materials furnished by the National 
Research Centers and other National Science Foundation supported 
research facilities may be credited to this appropriation: Provided 
further, That to the extent that the amount appropriated is less than 
the total amount authorized to be appropriated for included program 
activities, all amounts, including floors and ceilings, specified in 
the authorizing Act for those program activities or their subactivities 
shall be reduced proportionally.

                        major research equipment

    For necessary expenses in carrying out major construction projects, 
and related expenses, pursuant to the purposes of the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), $70,000,000, 
to remain available until expended.

                    academic research infrastructure

    For necessary expenses in carrying out an academic research 
infrastructure program pursuant to the purposes of the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including 
services as authorized by 5 U.S.C. 3109 and rental of conference rooms 
in the District of Columbia, $100,000,000, to remain available until 
September 30, 1997.

                     education and human resources

    For necessary expenses in carrying out science and engineering 
education and human resources programs and activities pursuant to the 
purposes of the National Science Foundation Act of 1950, as amended (42 
U.S.C. 1861-1875), including services as authorized by 5 U.S.C. 3109 
and rental of conference rooms in the District of Columbia, 
$599,000,000, to remain available until September 30, 1997: Provided, 
That to the extent that the amount of this appropriation is less than 
the total amount authorized to be appropriated for included program 
activities, all amounts, including floors and ceilings, specified in 
the authorizing Act for those program activities or their subactivities 
shall be reduced proportionally.

                         salaries and expenses

    For necessary salaries and expenses in carrying out the purposes of 
the National Science Foundation Act of 1950, as amended (42 U.S.C. 
1861-1875); services authorized by 5 U.S.C. 3109; hire of passenger 
motor vehicles; not to exceed $9,000 for official reception and 
representation expenses; uniforms or allowances therefor, as authorized 
by law (5 U.S.C. 5901-5902); rental of conference rooms in the District 
of Columbia; reimbursement of the General Services Administration for 
security guard services; $127,310,000: Provided, That contracts may be 
entered into under salaries and expenses in fiscal year 1996 for 
maintenance and operation of facilities, and for other services, to be 
provided during the next fiscal year.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $4,490,000, to remain available until September 30, 1997.

          national science foundation headquarters relocation

    For necessary support of the relocation of the National Science 
Foundation, $5,200,000: Provided, That these funds shall be used to 
reimburse the General Services Administration for services and related 
acquisitions in support of relocating the National Science Foundation.

                 Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

    For payment to the Neighborhood Reinvestment Corporation for use in 
neighborhood reinvestment activities, as authorized by the Neighborhood 
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $38,667,000.

                        Selective Service System

                         salaries and expenses

    For necessary expenses of the Selective Service System, including 
expenses of attendance at meetings and of training for uniformed 
personnel assigned to the Selective Service System, as authorized by 
law (5 U.S.C. 4101-4118) for civilian employees; and not to exceed 
$1,000 for official reception and representation expenses; $22,930,000: 
Provided, That during the current fiscal year, the President may exempt 
this appropriation from the provisions of 31 U.S.C. 1341, whenever he 
deems such action to be necessary in the interest of national defense: 
Provided further, That none of the funds appropriated by the Act may be 
expended for or in connection with the induction of any person into the 
Armed Forces of the United States.

                                TITLE IV

                              CORPORATIONS

    Corporations and agencies of the Department of Housing and Urban 
Development which are subject to the Government Corporation Control 
Act, as amended, are hereby authorized to make such expenditures, 
within the limits of funds and borrowing authority available to each 
such corporation or agency and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of the Act as may be necessary in carrying out 
the programs set forth in the budget for 1996 for such corporation or 
agency except as hereinafter provided: Provided, That collections of 
these corporations and agencies may be used for new loan or mortgage 
purchase commitments only to the extent expressly provided for in this 
Act (unless such loans are in support of other forms of assistance 
provided for in this or prior appropriations Acts), except that this 
proviso shall not apply to the mortgage insurance or guaranty 
operations of these corporations, or where loans or mortgage purchases 
are necessary to protect the financial interest of the United States 
Government.

                      Resolution Trust Corporation

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $11,400,000.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. Where appropriations in titles I, II, and III of this Act 
are expendable for travel expenses and no specific limitation has been 
placed thereon, the expenditures for such travel expenses may not 
exceed the amounts set forth therefor in the budget estimates submitted 
for the appropriations: Provided, That this section shall not apply to 
travel performed by uncompensated officials of local boards and appeal 
boards of the Selective Service System; to travel performed directly in 
connection with care and treatment of medical beneficiaries of the 
Department of Veterans Affairs; to travel performed in connection with 
major disasters or emergencies declared or determined by the President 
under the provisions of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act; to travel performed by the Offices of 
Inspector General in connection with audits and investigations; or to 
payments to interagency motor pools where separately set forth in the 
budget schedules: Provided further, That if appropriations in titles I, 
II, and III exceed the amounts set forth in budget estimates initially 
submitted for such appropriations, the expenditures for travel may 
correspondingly exceed the amounts therefor set forth in the estimates 
in the same proportion.
    Sec. 502. Appropriations and funds available for the administrative 
expenses of the Department of Housing and Urban Development and the 
Selective Service System shall be available in the current fiscal year 
for purchase of uniforms, or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902); hire of passenger motor vehicles; and services as 
authorized by 5 U.S.C. 3109.
    Sec. 503. Funds of the Department of Housing and Urban Development 
subject to the Government Corporation Control Act or section 402 of the 
Housing Act of 1950 shall be available, without regard to the 
limitations on administrative expenses, for legal services on a 
contract or fee basis, and for utilizing and making payment for 
services and facilities of Federal National Mortgage Association, 
Government National Mortgage Association, Federal Home Loan Mortgage 
Corporation, Federal Financing Bank, Resolution Trust Corporation, 
Federal Reserve banks or any member thereof, Federal Home Loan banks, 
and any insured bank within the meaning of the Federal Deposit 
Insurance Corporation Act, as amended (12 U.S.C. 1811-1831).
    Sec. 504. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 505. No funds appropriated by this Act may be expended--
            (1) pursuant to a certification of an officer or employee 
        of the United States unless--
                    (A) such certification is accompanied by, or is 
                part of, a voucher or abstract which describes the 
                payee or payees and the items or services for which 
                such expenditure is being made, or
                    (B) the expenditure of funds pursuant to such 
                certification, and without such a voucher or abstract, 
                is specifically authorized by law; and
            (2) unless such expenditure is subject to audit by the 
        General Accounting Office or is specifically exempt by law from 
        such audit.
    Sec. 506. None of the funds provided in this Act to any department 
or agency may be expended for the transportation of any officer or 
employee of such department or agency between his domicile and his 
place of employment, with the exception of any officer or employee 
authorized such transportation under title 31, United States Code, 
section 1344.
    Sec. 507. None of the funds provided in this Act may be used for 
payment, through grants or contracts, to recipients that do not share 
in the cost of conducting research resulting from proposals not 
specifically solicited by the Government: Provided, That the extent of 
cost sharing by the recipient shall reflect the mutuality of interest 
of the grantee or contractor and the Government in the research.
    Sec. 508. None of the funds provided in this Act may be used, 
directly or through grants, to pay or to provide reimbursement for 
payment of the salary of a consultant (whether retained by the Federal 
Government or a grantee) at more than the daily equivalent of the rate 
paid for Level IV of the Executive Schedule, unless specifically 
authorized by law.
    Sec. 509. None of the funds in this Act shall be used to pay the 
expenses of, or otherwise compensate, non-Federal parties intervening 
in regulatory or adjudicatory proceedings. Nothing herein affects the 
authority of the Consumer Product Safety Commission pursuant to section 
7 of the Consumer Product Safety Act (15 U.S.C. 2056 et seq.).
    Sec. 510. Except as otherwise provided under existing law or under 
an existing Executive order issued pursuant to an existing law, the 
obligation or expenditure of any appropriation under this Act for 
contracts for any consulting service shall be limited to contracts 
which are (1) a matter of public record and available for public 
inspection, and (2) thereafter included in a publicly available list of 
all contracts entered into within twenty-four months prior to the date 
on which the list is made available to the public and of all contracts 
on which performance has not been completed by such date. The list 
required by the preceding sentence shall be updated quarterly and shall 
include a narrative description of the work to be performed under each 
such contract.
    Sec. 511. Except as otherwise provided by law, no part of any 
appropriation contained in this Act shall be obligated or expended by 
any executive agency, as referred to in the Office of Federal 
Procurement Policy Act (41 U.S.C. 401 et seq.) for a contract for 
services unless such executive agency (1) has awarded and entered into 
such contract in full compliance with such Act and the regulations 
promulgated thereunder, and (2) requires any report prepared pursuant 
to such contract, including plans, evaluations, studies, analyses and 
manuals, and any report prepared by the agency which is substantially 
derived from or substantially includes any report prepared pursuant to 
such contract, to contain information concerning (A) the contract 
pursuant to which the report was prepared, and (B) the contractor who 
prepared the report pursuant to such contract.
    Sec. 512. Except as otherwise provided in section 506, none of the 
funds provided in this Act to any department or agency shall be 
obligated or expended to provide a personal cook, chauffeur, or other 
personal servants to any officer or employee of such department or 
agency.
    Sec. 513. None of the funds provided in this Act to any department 
or agency shall be obligated or expended to procure passenger 
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles 
per gallon average of less than 22 miles per gallon.
    Sec. 514. Such sums as may be necessary for fiscal year 1996 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act.
    Sec. 515. None of the funds appropriated in title I of this Act 
shall be used to enter into any new lease of real property if the 
estimated annual rental is more than $300,000 unless the Secretary 
submits, in writing, a report to the Committees on Appropriations of 
the Congress and a period of 30 days has expired following the date on 
which the report is received by the Committees on Appropriations.
    Sec. 516. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    Sec. 517. None of the funds appropriated in this Act may be used to 
implement any cap on reimbursements to grantees for indirect costs, 
except as published in Office of Management and Budget Circular A-21.
    Sec. 518. None of the funds made available in this Act may be used 
for any program, project, or activity, when it is made known to the 
Federal entity or official to which the funds are made available that 
the program, project, or activity is not in compliance with any Federal 
law relating to risk assessment, the protection of private property 
rights, or unfunded mandates.
    Sec. 519. In fiscal year 1996, the Director of the Federal 
Emergency Management Agency shall sell the disaster housing inventory 
of mobile homes and trailers, and the proceeds thereof shall be 
deposited in the Treasury.
    Sec. 520. Such funds as may be necessary to carry out the orderly 
termination of the Office of Consumer Affairs shall be made available 
from funds appropriated to the Department of Health and Human Services 
for fiscal year 1996.
    This Act may be cited as the ``Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1996''.

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

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                 Natural Resources Conservation Service

               watershed and flood prevention operations

    For an additional amount for ``Watershed and Flood Prevention 
Operations'' to repair damages to waterways and watersheds resulting 
from flooding in the Pacific Northwest, the Northeast blizzards and 
floods, and other natural disasters, $107,514,000, to remain available 
until expended: Provided, That if the Secretary determines that the 
cost of land and farm structures restoration exceeds the fair market 
value of an affected cropland, the Secretary may use sufficient amounts 
from funds provided under this heading to accept bids from willing 
sellers to provide conservation easements for such cropland inundated 
by floods as provided for by the Wetlands Reserve Program, authorized 
by subchapter C of chapter 1 of subtitle D of title XII of the Food 
Security Act of 1985 (16 U.S.C. 3837): Provided further, That the 
entire amount shall be available only to the extent that an official 
budget request for a specific dollar amount, that includes designation 
of the entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to Congress: Provided 
further, That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                    Consolidated Farm Service Agency

                     emergency conservation program

    For necessary expenses to carry into effect the program authorized 
in sections 401, 402, and 404 of title IV of the Agricultural Credit 
Act of 1978 (16 U.S.C. 2201-2205) for expenses resulting from floods in 
the Pacific Northwest and other natural disasters, $30,000,000, to 
remain available until expended, as authorized by 16 U.S.C. 2204: 
Provided, That the entire amount shall be available only to the extent 
that an official budget request for a specific dollar amount, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to Congress: Provided further, That the entire amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

            Rural Housing and Community Development Service

              rural housing insurance fund program account

    For an additional amount for the ``Rural Housing Insurance Fund 
Program Account'' for the cost of direct loans to assist in the 
recovery from floods in the Pacific Northwest and other natural 
disasters, to remain available until expended, $5,000,000 for the cost 
of section 502 direct loans; and $1,500,000 for the cost of section 504 
housing repair loans: Provided, That the entire amount shall be 
available only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to Congress: Provided further, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                 very low-income housing repair grants

    For an additional amount for ``Very Low-Income Housing Repair 
Grants'' to make housing repairs needed as a result of floods and other 
natural disasters, pursuant to Section 504 of the Housing Act of 1949, 
as amended, $1,100,000, to remain available until expended: Provided, 
That the entire amount shall be available only to the extent that an 
official budget request for a specific dollar amount, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to 
Congress: Provided further, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                        Rural Utilities Service

                   rural utilities assistance program

    For an additional amount for the ``Rural Utilities Assistance 
Program'' for the cost of direct loans and grants to assist in the 
recovery from floods in the Pacific Northwest and other natural 
disasters, $11,000,000, to remain available until expended: Provided, 
That such funds may be available for emergency community water 
assistance grants as authorized by 7 U.S.C. 1926b: Provided further, 
That the entire amount shall be available only to the extent that an 
official budget request for a specific dollar amount, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to 
Congress: Provided further, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                        Administrative Provision

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

                               CHAPTER 2

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

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration

                economic development assistance programs

    For an additional amount for emergency expenses resulting from 
flooding in the Pacific Northwest, and in the Devils Lake Basin in 
North Dakota $25,000,000, to remain available until expended for grants 
and related expenses pursuant to the Public Works and Economic 
Development Act of 1965, as amended; and in addition, $2,500,000 for 
administrative expenses to remain available until expended, which may 
be transferred to and merged with the appropriations for ``Salaries and 
expenses'': Provided, That the entire amount is hereby designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That the entire amount shall 
be available only to the extent an official budget request, for a 
specific dollar amount, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted to Congress.

            National Oceanic and Atmospheric Administration

                              construction

    For an additional amount for ``Construction'' for emergency 
expenses resulting from flooding in the Pacific Northwest and other 
natural disasters, $10,000,000, to remain available until expended: 
Provided, That the entire amount is hereby designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                             RELATED AGENCY

                     Small Business Administration

                     disaster loans program account

    For an additional amount for ``Disaster Loans Program Account'', 
$69,700,000 for the cost of direct loans, to remain available until 
expended: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974; and for administrative expenses to carry out the 
direct loan program, $30,300,000, to remain available until expended: 
Provided, That both amounts are hereby designated by Congress as 
emergency requirements pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER 3

                      ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                   operation and maintenance, general

    For an additional amount for ``Operation and Maintenance, 
General'', $30,000,000, to remain available until expended: Provided, 
That the entire amount shall be available only to the extent that an 
official budget request for a specific dollar amount, that includes 
designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to 
Congress: Provided further, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                 flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'', $135,000,000, to remain available until expended: 
Provided, That the entire amount shall be available only to the extent 
that an official budget request for a specific dollar amount, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to Congress: Provided further, That the entire amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation

                          construction program

    For an additional amount for the ``Construction Program'', 
$18,000,000, to remain available until expended: Provided, That the 
entire amount shall be available only to the extent that an official 
budget request for a specific dollar amount, that includes designation 
of the entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to Congress: Provided 
further, That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER 4

            DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                        construction and access

    For an additional amount for ``Construction and Access'', 
$5,000,000, to remain available until expended, to repair roads, 
culverts, bridges, facilities, fish and wildlife protective structures, 
and recreation sites, damaged due to the Pacific Northwest flooding: 
Provided, That the entire amount shall be available only to the extent 
that an official budget request for a specific dollar amount, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to Congress: Provided further, That the entire amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                   oregon and california grant lands

    For an additional amount for ``Oregon and California Grant Lands'', 
$35,000,000, to remain available until expended, to repair roads, 
culverts, bridges, facilities, fish and wildlife protective structures, 
and recreation sites, damaged due to the Pacific Northwest flooding: 
Provided, That the entire amount shall be available only to the extent 
that an official budget request for a specific dollar amount, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to Congress: Provided further, That the entire amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                United States Fish and Wildlife Service

                          resource management

    For an additional amount for Resource Management, $1,600,000, to 
remain available until expended, to provide technical assistance to the 
Natural Resource Conservation Service, the Federal Emergency Management 
Agency, the United States Army Corps of Engineers and other agencies on 
fish and wildlife habitat issues related to damage caused by floods, 
storms and other acts of nature: Provided, That the entire amount shall 
be available only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to Congress: Provided further, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(D)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.

                              construction

    For an additional amount for ``Construction'', $37,300,000, to 
remain available until expended, to repair damage caused by hurricanes, 
floods and other acts of nature, and to protect natural resources in 
the Devils Lake Basin in North Dakota: Provided, That the entire amount 
shall be available only to the extent that an official budget request 
for a specific dollar amount, that includes designation of the entire 
amount of the request as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to Congress: Provided further, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                         National Park Service

                              construction

    For an additional amount for ``Construction'', $47,000,000, to 
remain available until expended, to repair damage caused by hurricanes, 
floods and other acts of nature: Provided, That the entire amount shall 
be available only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to Congress: Provided further, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                    United States Geological Survey

                 surveys, investigations, and research

    For an additional amount for ``Surveys, investigations, and 
research'', $2,000,000, to remain available until September 30, 1997, 
for the costs related to hurricanes, floods and other acts of nature: 
Provided, That the entire amount shall be available only to the extent 
that an official budget request for a specific dollar amount, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to Congress: Provided further, That the entire amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                        Bureau of Indian Affairs

                      operation of indian programs

    For an additional amount for ``Operation of Indian Programs'', 
$500,000, to remain available until September 30, 1998, for emergency 
operations and repairs related to winter floods: Provided, That the 
entire amount shall be available only to the extent that an official 
budget request for a specific dollar amount, that includes designation 
of the entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to Congress: Provided 
further, That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                              construction

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

                 Territorial and International Affairs

                       assistance to territories

    For an additional amount for ``Assistance to Territories'', 
$13,000,000, to remain available until expended, for recovery efforts 
from Hurricane Marilyn: Provided, That the entire amount shall be 
available only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to Congress: Provided further, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                       DEPARTMENT OF AGRICULTURE

                         national forest system

    For an additional amount for ``National Forest System'', 
$26,600,000, to remain available until expended, to repair damage 
caused by hurricanes, floods and other acts of nature, including 
$300,000 for the costs associated with response and rehabilitation, 
including access repairs, at the Amalgamated Mill site in the 
Willamette National Forest containing sulphur-rich and other mining 
tailings in order to prevent contamination of Battle Ax Creek, and the 
Little North Fork of the Santiam River, from which the City of Salem, 
Oregon, obtains its municipal water supply: Provided, That the entire 
amount shall be available only to the extent that an official budget 
request for a specific dollar amount, that includes designation of the 
entire amount of the request as an emergency requirement as defined in 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to Congress: Provided further, 
That the entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended.

                              construction

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

                               CHAPTER 5

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                        payments to air carriers

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

                     Federal Highway Administration

                          federal-aid highways

                          (highway trust fund)

    For the Emergency Fund authorized by 23 U.S.C. 125 to cover 
expenses arising from the January 1996 flooding in the Mid-Atlantic, 
Northeast, and Northwest States and other disasters, $300,000,000, to 
be derived from the Highway Trust Fund and to remain available until 
expended: Provided, That the entire amount shall be available only to 
the extent that an official budget request for a specific dollar 
amount, that includes designation of the entire amount of the request 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to Congress: Provided further, That such amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That the provisions of 23 
U.S.C. 125(b)(1) shall not apply to projects relating to the January 
1996 flooding in the Mid-Atlantic, Northeast, and Northwest States.

                    Federal Railroad Administration

                     local rail freight assistance

    For expenses pursuant to subtitle 5 of the Department of 
Transportation Act (49 U.S.C.), to repair and rebuild rail lines of 
other than class I railroads as defined by the Surface Transportation 
Board or railroads owned or controlled by a class I railroad, having 
carried 5 million gross ton miles or less per mile during the prior 
year, and damaged as a result of the floods of 1996, $10,000,000: 
Provided, That for the purposes of administering this emergency relief, 
the Secretary of Transportation shall have authority to make funds 
available notwithstanding section 22101, (a)(1) and (3) and (d), 
sections 22102 to 22104, section 22105(a) and section 22108, (a) and 
(b) of 49 U.S.C. as the Secretary deems appropriate and shall consider 
the extent to which the State has available unexpended local rail 
freight assistance funds or available repaid loan funds: Provided 
further, That, notwithstanding 49 U.S.C. chapter 221, the Secretary may 
prescribe the form and time for applications for assistance made 
available herein: Provided further, That the entire amount shall be 
available only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to Congress: Provided further, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That all funds made available under this head are to remain available 
until September 30, 1997.

                     Federal Transit Administration

                       mass transit capital fund

                (liquidation of contract authorization)

                          (highway trust fund)

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

                               CHAPTER 6

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

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                      community development grants

    For an additional amount for ``Community development grants'', 
$100,000,000, to remain available until September 30, 1998, for 
emergency expenses and repairs related to recent Presidentially 
declared disaster areas, including up to $10,000,000 which may be made 
for rental subsidy contracts under the section 8 existing housing 
certificate program and the housing voucher program under section 8 of 
the United States Housing Act of 1937, as amended, except that such 
amount shall be available only for temporary housing assistance, not in 
excess of one year in duration, and shall not be subject to renewal: 
Provided, That the entire amount shall be available only to the extent 
that an official budget request for a specific dollar amount, that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted by the 
President to Congress: Provided further, That the entire amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                  Federal Emergency Management Agency

                            disaster relief

                     (including transfer of funds)

    For an additional amount for ``Disaster Relief'', $150,000,000, to 
remain available until expended, which, in whole or in part, may be 
transferred to the Disaster Assistance Direct Loan Program Account for 
the cost of direct loans as authorized under section 417 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5121 et seq.): Provided, That such transfer may be made to subsidize 
gross obligations for the principal amount of direct loans not to 
exceed $170,000,000 under section 417 of the Stafford Act: Provided 
further, That any such transfer of funds shall be made only upon 
certification by the Director of the Federal Emergency Management 
Agency that all requirements of section 417 of the Stafford Act will be 
complied with: Provided further, That the entire amount of this 
appropriation shall be available only to the extent that an official 
budget request for a specific dollar amount, that includes designation 
of the entire amount of the request as an emergency requirement as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted by the President to Congress: Provided 
further, That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER 7

       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED AGENCIES

                  FUNDS APPROPRIATED TO THE PRESIDENT

                          Unanticipated Needs

                    unanticipated needs for defense

                      of israel against terrorism

    For emergency expenses necessary to meet unanticipated needs for 
the acquisition and provision of goods, services, and/or grants for 
Israel necessary to support the eradication of terrorism in and around 
Israel, $50,000,000: Provided, That none of the funds appropriated in 
this paragraph shall be available for obligation except through the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That the entire amount is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                  Agency for International Development

          assistance for eastern europe and the baltic states

    For an additional amount for ``Assistance for Eastern Europe and 
the Baltic States'' for Bosnia and Herzegovina, including demining 
assistance, $200,000,000, of which amount $5,000,000 shall be used for 
the administrative expenses of the U.S. Agency for International 
Development: Provided, That not to exceed $5,000,000 of such funds and 
any other funds appropriated under the same heading for fiscal year 
1996 is available for the cost of modifying direct loans and loan 
guarantees, as defined in section 502 of the Congressional Budget Act 
of 1974: Provided further, That contracts to carry out programs using 
such funds shall, to the maximum extent practicable, be entered into 
with companies organized under the laws of a State of the United States 
and organizations (including community chests, funds, foundations, non-
incorporated businesses, and other institutions) organized in the 
United States: Provided further, That none of the funds appropriated or 
otherwise made available under this heading shall be obligated except 
through the regular notification procedures of the Committees on 
Appropriations: Provided further, That the entire amount appropriated 
is designated by Congress as an emergency requirement pursuant to 
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided further, That funds 
appropriated by this Act for economic reconstruction may only be made 
available for projects, activities, or programs within the sector 
assigned to American forces of the NATO Military Implementation Force 
(IFOR) and Sarajevo: Provided further, That priority consideration 
shall be given to projects and activities designated in the IFOR ``Task 
Force Eagle civil military project list'': Provided further, That no 
funds made available under this Act, or any other Act, may be obligated 
for the purposes of rebuilding or repairing housing in areas where 
refugees or displaced persons are refused the right of return by 
Federation or local authorities due to ethnicity or political party 
affiliation: Provided further, That no funds may be made available 
under this heading in this Act, or any other Act, to any banking or 
financial institution in Bosnia and Herzegovina unless such 
institutions agree in advance, and in writing, to allow the United 
States General Accounting Office access for the purposes of audit of 
the use of United States assistance: Provided further, That effective 
ninety days after the date of enactment of this Act, none of the funds 
appropriated under this heading may be made available for the purposes 
of economic reconstruction in Bosnia and Herzegovina unless the 
President determines and certifies in writing to the Committee on 
Appropriations that the aggregate bilateral contributions pledged by 
non-United States donors for economic reconstruction are at least 
equivalent to the United States bilateral contributions made under this 
Act and in the fiscal year 1995 and fiscal year 1996 Foreign 
Operations, Export Financing and Related Programs Appropriations bills.
    Except for funds made available for demining activities, no funds 
may be provided under this heading in this Act until the President 
certifies to the Committees on Appropriations that:
            (1) The Federation of Bosnia and Herzegovina is in 
        compliance with Article III, Annex 1A of the Dayton Agreement; 
        and
            (2) Intelligence cooperation on training, investigations, 
        or related activities between Iranian officials and Bosnian 
        officials has been terminated.

                          MILITARY ASSISTANCE

                   Foreign Military Financing Program

    For an additional amount for ``Foreign Military Financing Program'' 
for grants for Jordan pursuant to section 23 of the Arms Export Control 
Act, $70,000,000: Provided, That such funds may be used for Jordan to 
finance transfers by lease of defense articles under chapter 6 of such 
Act.

                               CHAPTER 8

                         DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

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

                              PROCUREMENT

                      Other Procurement, Air Force

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

                           GENERAL PROVISION

                          (transfer of funds)

    Sec. 801. Section 8005 of the Department of Defense Appropriations 
Act, 1996 (Public Law 104-61), is amended by striking out 
``$2,400,000,000'' and inserting in lieu thereof ``$2,700,000,000''.
    Sec. 802. Notwithstanding any other provision of law, funds 
appropriated in the Department of Defense Appropriations Act, 1996 
(Public Law 104-61) under the heading ``Aircraft Procurement, Air 
Force'' may be obligated for advance procurement and procurement of F-
15E aircraft.
    Sec. 803. Funds appropriated under the heading, ``Aircraft 
Procurement, Air Force,'' in Public Laws 104-61, 103-335, and 103-139 
that are or remain available for C-17 airframes, C-17 aircraft engines, 
and complementary widebody aircraft/NDAA may be used for multiyear 
procurement contracts for C-17 aircraft: Provided, That the duration of 
multiyear contracts awarded under the authority of this section may be 
for a period not to exceed seven program years, notwithstanding section 
2306b(1) of title 10, United States Code: Provided further, That the 
authority under this section may not be used to enter into a multiyear 
procurement contract until the earlier of (1) May 24, 1996, or (2) the 
day after the date of the enactment of an Act that contains a provision 
authorizing the Department of Defense to enter into a multiyear 
contract for the C-17 aircraft program.
    Sec. 804. (a) In addition to the amounts made available in Public 
Law 104-61 under the heading ``Research, Development, Test and 
Evaluation, Defense-Wide'', $50,000,000 is hereby made available to 
continue the activities of the semiconductor manufacturing consortium 
known as Sematech.
    (b) Of the funds made available in Public Law 104-61 under the 
heading ``Research, Development, Test and Evaluation, Army'', 
$7,000,000 are rescinded.
    (c) Of the funds made available in Public Law 104-61 under the 
heading ``Research, Development, Test and Evaluation, Navy'', 
$12,500,000 are rescinded.
    (d) Of the funds made available in Public Law 104-61 under the 
heading ``Research, Development, Test and Evaluation, Air Force'', 
$16,000,000 are rescinded.
    (e) Of the funds made available in Public Law 104-61 under the 
heading ``Research, Development, Test and Evaluation, Defense-Wide'', 
$14,500,000 are rescinded.
    (f) Of the funds rescinded under subsection (e) of this provision, 
none of the reduction shall be applied to the Ballistic Missile Defense 
Organization.
    Sec. 805. Of the funds appropriated in title II of Public Law 104-
61, under the heading ``Overseas Humanitarian, Disaster, and Civic 
Aid'', for training and activities related to the clearing of landmines 
for humanitarian purposes, up to $15,000,000 may be transferred to 
``Operations and Maintenance, Defense Wide'', to be available for the 
payment of travel, transportation and subsistence expenses of 
Department of Defense personnel incurred in carrying out humanitarian 
assistance activities related to the detection and clearance of 
landmines.
    Sec. 806. Notwithstanding any other provision of law, $15,000,000 
made available for ``Operations and Maintenance, Army'' in P.L. 104-61 
shall be obligated for the remediation of environmental contamination 
at the National Presto Industries, Inc. site in Eau Claire, Wisconsin. 
These funds shall be obligated only for the implementation and 
execution of the 1988 agreement between the Department of the Army and 
National Presto Industries, Inc.
    Sec. 807. (a) Subsection (b) of section 802 of the David L. Boren 
National Security Education Act of 1991 (50 U.S.C. 1902) is amended by 
adding after paragraph (3), flush to the subsection margin, the 
following:
``Notwithstanding any other provision of law, including the matter 
under the heading `National Security Education Trust Fund' in title VII 
of Public Law 104-61, the work of an individual accepting a scholarship 
or fellowship under the program shall be the work specified in 
paragraph (2), or such other work as the individual and the Secretary 
agree upon under an agreement having modified service requirements 
pursuant to subsection (f).''.
    (b) Such section is further amended by adding at the end the 
following:
    ``(f) Authority To Modify Service Agreement Requirements.--The 
Secretary shall have sole authority to modify, amend, or revise the 
requirements under subsection (b) that apply to service agreements.''.
    (c) Subsection (a) of such section is amended by adding at the end 
the following:
            ``(5) Employment opportunity outreach.--The Secretary shall 
        take appropriate actions to make available to recipients of 
        scholarships or fellowships under the program information on 
        employment opportunities in the departments and agencies of the 
        Federal Government having responsibility for national security 
        matters.''.
    Sec. 808. (a)(1) Section 1177 of title 10, United States Code, 
relating to mandatory discharge or retirement of members of the Armed 
Forces infected with HIV-1 virus, is repealed.
    (2) The table of sections at the beginning of chapter 59 of such 
title is amended by striking out the item relating to section 1177.
    (b) Subsection (b) of section 567 of the National Defense 
Authorization Act for Fiscal Year 1996 is repealed.

                          (transfer of funds)

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

                               CHAPTER 9

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

     North Atlantic Treaty Organization Security Investment Program

    For an additional amount for ``North Atlantic Treaty Organization 
Security Investment Program'', $37,500,000, to remain available until 
expended: Provided, That the Secretary of Defense may make additional 
contributions for the North Atlantic Treaty Organization as provided in 
section 2806 of title 10, United States Code: Provided further, That 
the entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                           GENERAL PROVISIONS

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

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

                               CHAPTER 10

                  RESCINDING CERTAIN BUDGET AUTHORITY

       FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS

                    Export and Investment Assistance

                Export-Import Bank of the United States

                         subsidy appropriation

                              (rescission)

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

                    DEPARTMENT OF DEFENSE--MILITARY

                              PROCUREMENT

                     Missile Procurement, Air Force

                              (rescission)

    Of the funds made available under this heading in Public Law 103-
335, $310,000,000 are rescinded.

                      Other Procurement, Air Force

                              (rescission)

    Of the funds made available under this heading in Public Law 103-
335, $265,000,000 are rescinded.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

         Research, Development, Test and Evaluation, Air Force

                              (rescission)

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

                               CHAPTER 11

                      TREASURY, POSTAL SERVICE AND

                           GENERAL GOVERNMENT

                 EXECUTIVE OFFICE OF THE PRESIDENT AND

                  FUNDS APPROPRIATED TO THE PRESIDENT

                 Office of National Drug Control Policy

                         salaries and expenses

                     (including transfer of funds)

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

                          INDEPENDENT AGENCIES

                    GENERAL SERVICES ADMINISTRATION

                         Federal Buildings Fund

                 limitations on availability of revenue

                              (rescission)

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

                        UNITED STATES TAX COURT

                         Salaries and Expenses

                              (rescission)

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

                               CHAPTER 12

                           GENERAL PROVISIONS

    Sec. 1201. In administering funds provided herein for domestic 
assistance, the Secretary of any involved department may waive or 
specify alternative requirements for any provision of any statute or 
regulation that the Secretary administers in connection with the 
obligation by the Secretary or any use of the recipient of these funds, 
except for the requirement related to civil rights, fair housing and 
nondiscrimination, the environment, and labor standards, upon finding 
that such waiver is required to facilitate the obligation and use of 
such funds would not be inconsistent with the overall purpose of the 
statute or regulation.
    Sec. 1202. No part of any appropriation contained in this title 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.

SEC. 1203. ALLOCATION OF FUNDS.

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

                         DEPARTMENT OF JUSTICE

                    Federal Bureau of Investigation

                         salaries and expenses

    For an additional amount for emergency expenses necessary to 
enhance the Federal Bureau of Investigation's efforts in the United 
States to combat Middle Eastern terrorism, $7,000,000, to remain 
available until expended: Provided, That such activities shall include 
efforts to enforce Executive Order 12947 (``Prohibiting Transactions 
with Terrorists Who Threaten to Disrupt the Middle East Peace 
Process'') to prevent fundraising in the United States on the behalf of 
organizations that support terror to undermine the peace process: 
Provided further, That the entire amount is hereby designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That the entire amount shall 
be available only to the extent an official budget request, for a 
specific dollar amount, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted to Congress.

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

    For an additional amount for emergency expenses necessary to 
enhance the Office of Foreign Assets Control's efforts in the United 
States to combat Middle Eastern terrorism, $3,000,000, to remain 
available until expended: Provided, That such activities shall include 
efforts to enforce Executive Order 12947 (``Prohibiting Transactions 
with Terrorists Who Threaten to Disrupt the Middle East Peace 
Process'') to prevent fundraising in the United States on the behalf of 
organizations that support terror to undermine the peace process: 
Provided further, That the entire amount is hereby designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That the entire amount, 
shall be available only to the extent an official budget request, for a 
specific dollar amount, that includes designation of the entire amount 
of the request as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted to Congress.
    This title may be cited as the ``Emergency Supplemental 
Appropriations Act of 1996''.

                  TITLE III--MISCELLANEOUS PROVISIONS

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

SEC. 3003. BONNEVILLE POWER ADMINISTRATION REFINANCING.

    (a) Definitions.--
            For the purposes of this section--
                    (1) ``Administrator'' means the Administrator of 
                the Bonneville Power Administration;
                    (2) ``capital investment'' means a capitalized cost 
                funded by Federal appropriations that--
                            (A) is for a project, facility, or 
                        separable unit or feature of a project or 
                        facility;
                            (B) is a cost for which the Administrator 
                        is required by law to establish rates to repay 
                        to the United States Treasury through the sale 
                        of electric power, transmission, or other 
                        services;
                            (C) excludes a Federal irrigation 
                        investment; and
                            (D) excludes an investment financed by the 
                        current revenues of the Administrator or by 
                        bonds issued and sold, or authorized to be 
                        issued and sold, by the Administrator under 
                        section 13 of the Federal Columbia River 
                        Transmission System Act (16 U.S.C. 838k);
                    (3) ``new capital investment'' means a capital 
                investment for a project, facility, or separable unit 
                or feature of a project or facility, placed in service 
                after September 30, 1996;
                    (4) ``old capital investment'' means a capital 
                investment the capitalized cost of which--
                            (A) was incurred, but not repaid, before 
                        October 1, 1996, and
                            (B) was for a project, facility, or 
                        separable unit or feature of a project or 
                        facility, placed in service before October 1, 
                        1996;
                    (5) ``repayment date'' means the end of the period 
                within which the Administrator's rates are to assure 
                the repayment of the principal amount of a capital 
                investment; and
                    (6) ``Treasury rate'' means--
                            (A) for an old capital investment, a rate 
                        determined by the Secretary of the Treasury, 
                        taking into consideration prevailing market 
                        yields, during the month preceding October 1, 
                        1996, on outstanding interest-bearing 
                        obligations of the United States with periods 
                        to maturity comparable to the period between 
                        October 1, 1996, and the repayment date for the 
                        old capital investment; and
                            (B) for a new capital investment, a rate 
                        determined by the Secretary of the Treasury, 
                        taking into consideration prevailing market 
                        yields, during the month preceding the 
                        beginning of the fiscal year in which the 
                        related project, facility, or separable unit or 
                        feature is placed in service, on outstanding 
                        interest-bearing obligations of the United 
                        States with periods to maturity comparable to 
                        the period between the beginning of the fiscal 
                        year and the repayment date for the new capital 
                        investment.
    (b) New Principal Amounts.--
            (1) Principal amount.--Effective October 1, 1996, an old 
        capital investment has a new principal amount that is the sum 
        of--
                    (A) the present value of the old payment amounts 
                for the old capital investment, calculated using a 
                discount rate equal to the Treasury rate for the old 
                capital investment; and
                    (B) an amount equal to $100,000,000 multiplied by a 
                fraction whose numerator is the principal amount of the 
                old payment amounts for the old capital investment and 
                whose denominator is the sum of the principal amounts 
                of the old payment amounts for all old capital 
                investments.
            (2) Determination.--With the approval of the Secretary of 
        the Treasury based solely on consistency with this section, the 
        Administrator shall determine the new principal amounts under 
        subsection (b) and the assignment of interest rates to the new 
        principal amounts under subsection (c).
            (3) Old payment amounts.--For the purposes of this 
        subsection, ``old payment amounts'' means, for an old capital 
        investment, the annual interest and principal that the 
        Administrator would have paid to the United States Treasury 
        from October 1, 1996, if this section had not been enacted, 
        assuming that--
                    (A) the principal were repaid--
                            (i) on the repayment date the Administrator 
                        assigned before October 1, 1994, to the old 
                        capital investment, or
                            (ii) with respect to an old capital 
                        investment for which the Administrator has not 
                        assigned a repayment date before October 1, 
                        1994, on a repayment date the Administrator 
                        shall assign to the old capital investment in 
                        accordance with paragraph 10(d)(1) of the 
                        version of Department of Energy Order RA 6120.2 
                        in effect on October 1, 1994; and
                    (B) interest were paid--
                            (i) at the interest rate the Administrator 
                        assigned before October 1, 1994, to the old 
                        capital investment, or
                            (ii) with respect to an old capital 
                        investment for which the Administrator has not 
                        assigned an interest rate before October 1, 
                        1994, at a rate determined by the Secretary of 
                        the Treasury, taking into consideration 
                        prevailing market yields, during the month 
                        preceding the beginning of the fiscal year in 
                        which the related project, facility, or 
                        separable unit or feature is placed in service, 
                        on outstanding interest-bearing obligations of 
                        the United States with periods to maturity 
                        comparable to the period between the beginning 
                        of the fiscal year and the repayment date for 
                        the old capital investment.
    (c) Interest Rate for New Principal Amounts.--
            As of October 1, 1996, the unpaid balance on the new 
        principal amount established for an old capital investment 
        under subsection (b) bears interest annually at the Treasury 
        rate for the old capital investment until the earlier of the 
        date that the new principal amount is repaid or the repayment 
        date for the new principal amount.
    (d) Repayment Dates.--
            As of October 1, 1996, the repayment date for the new 
        principal amount established for an old capital investment 
        under subsection (b) is no earlier than the repayment date for 
        the old capital investment assumed in subsection (b)(3)(A).
    (e) Prepayment Limitations.--
            During the period October 1, 1996, through September 30, 
        2001, the total new principal amounts of old capital 
        investments, as established under subsection (b), that the 
        Administrator may pay before their respective repayment dates 
        shall not exceed $100,000,000.
    (f) Interest Rates for New Capital Investments During 
Construction.--
            (1) New capital investment.--The principal amount of a new 
        capital investment includes interest in each fiscal year of 
        construction of the related project, facility, or separable 
        unit or feature at a rate equal to the one-year rate for the 
        fiscal year on the sum of--
                    (A) construction expenditures that were made from 
                the date construction commenced through the end of the 
                fiscal year, and
                    (B) accrued interest during construction.
            (2) Payment.--The Administrator is not required to pay, 
        during construction of the project, facility, or separable unit 
        or feature, the interest calculated, accrued, and capitalized 
        under subsection (f)(1).
            (3) One-year rate.--For the purposes of this section, 
        ``one-year rate'' for a fiscal year means a rate determined by 
        the Secretary of the Treasury, taking into consideration 
        prevailing market yields, during the month preceding the 
        beginning of the fiscal year, on outstanding interest-bearing 
        obligations of the United States with periods to maturity of 
        approximately one year.
    (g) Interest Rates for New Capital Investments.--
            The unpaid balance on the principal amount of a new capital 
        investment bears interest at the Treasury rate for the new 
        capital investment from the date the related project, facility, 
        or separable unit or feature is placed in service until the 
        earlier of the date the new capital investment is repaid or the 
        repayment date for the new capital investment.
    (h) Credits to Administrator's Repayment to the United States 
Treasury.--
            The Confederated Tribe of the Colville Reservation Grand 
        Coulee Dam Settlement Act (Public Law No. 103-436; 108 Stat. 
        4577) is amended by striking section 6 and inserting the 
        following:

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

    So long as the Administrator makes annual payments to the tribes 
under the settlement agreement, the Administrator shall apply against 
amounts otherwise payable by the Administrator to the United States 
Treasury a credit that reduces the Administrator's payment, in the 
amount and for each fiscal year as follows: $15,860,000 in fiscal year 
1997; $16,490,000 in fiscal year 1998; $17,150,000 in fiscal year 1999; 
$17,840,000 in fiscal year 2000; $18,550,000 in fiscal year 2001; and 
$4,600,000 in each succeeding fiscal year.''.
    (i) Contract Provisions.--
            In each contract of the Administrator that provides for the 
        Administrator to sell electric power, transmission, or related 
        services, and that is in effect after September 30, 1996, the 
        Administrator shall offer to include, or as the case may be, 
        shall offer to amend to include, provisions specifying that 
        after September 30, 1996--
                    (1) the Administrator shall establish rates and 
                charges on the basis that--
                            (A) the principal amount of an old capital 
                        investment shall be no greater than the new 
                        principal amount established under subsection 
                        (b);
                            (B) the interest rate applicable to the 
                        unpaid balance of the new principal amount of 
                        an old capital investment shall be no greater 
                        than the interest rate established under 
                        subsection (c);
                            (C) any payment of principal of an old 
                        capital investment shall reduce the outstanding 
                        principal balance of the old capital investment 
                        in the amount of the payment at the time the 
                        payment is tendered; and
                            (D) any payment of interest on the unpaid 
                        balance of the new principal amount of an old 
                        capital investment shall be a credit against 
                        the appropriate interest account in the amount 
                        of the payment at the time the payment is 
                        tendered;
                    (2) apart from charges necessary to repay the new 
                principal amount of an old capital investment as 
                established under subsection (b) and to pay the 
                interest on the principal amount under subsection (c), 
                no amount may be charged for return to the United 
                States Treasury as repayment for or return on an old 
                capital investment, whether by way of rate, rent, lease 
                payment, assessment, user charge, or any other fee;
                    (3) amounts provided under section 1304 of title 
                31, United States Code, shall be available to pay, and 
                shall be the sole source for payment of, a judgment 
                against or settlement by the Administrator or the 
                United States on a claim for a breach of the contract 
                provisions required by this Part; and
                    (4) the contract provisions specified in this Part 
                do not--
                            (A) preclude the Administrator from 
                        recovering, through rates or other means, any 
                        tax that is generally imposed on electric 
                        utilities in the United States, or
                            (B) affect the Administrator's authority 
                        under applicable law, including section 7(g) of 
                        the Pacific Northwest Electric Power Planning 
                        and Conservation Act (16 U.S.C. 839e(g)), to--
                                    (i) allocate costs and benefits, 
                                including but not limited to fish and 
                                wildlife costs, to rates or resources, 
                                or
                                    (ii) design rates.
    (j) Savings Provisions.--
            (1) Repayment.--This subchapter does not affect the 
        obligation of the Administrator to repay the principal 
        associated with each capital investment, and to pay interest on 
        the principal, only from the ``Administrator's net proceeds,'' 
        as defined in section 13 of the Federal Columbia River 
        Transmission System Act (16 U.S.C. 838k(b)).
            (2) Payment of capital investment.--Except as provided in 
        subsection (e), this section does not affect the authority of 
        the Administrator to pay all or a portion of the principal 
        amount associated with a capital investment before the 
        repayment date for the principal amount.
    Sec. 3004. Notwithstanding any other provision of law, of the 
amounts made available under the Federal Transit Administration's 
Discretionary Grants program for Kauai, Hawaii in Public Law 103-122 
and Public Law 103-311, $3,250,000 shall be transferred to and 
administered in accordance with 49 U.S.C. 5307 and made available for 
operating expenses to Kauai, Hawaii.
    Sec. 3005. The Secretary shall advance emergency relief funds to 
the State of Missouri for the replacement in kind of the Hannibal 
Bridge on the Mississippi River damaged by the 1993 floods 
notwithstanding the provisions of section 125 of title 23, United 
States Code: Provided, That this provision shall be subject to the 
Federal Share provisions of section 120, title 123, United States Code.
    Sec. 3006. (a) Surface Transportation Program.--Notwithstanding 
section 133 of title 23, United States Code, for fiscal year 1996 and 
each subsequent fiscal year, the State of Vermont may obligate funds 
apportioned to the State for the surface transportation program 
established under section 133 of the title for--
            (1) construction, reconstruction, rehabilitation, 
        resurfacing, restoration, and operational improvements for 
        railroads, including any such construction or reconstruction 
        necessary to accommodate other transportation modes;
            (2) all eligible activities under section 5311 of title 49, 
        United States Code, and publicly owned rail passenger terminals 
        and facilities, including terminals and facilities owned by the 
        National Railroad Passenger Corporation;
            (3) capital costs for passenger rail services; and
            (4) beginning in fiscal year 1997, operating costs for 
        passenger rail services.
    (b) Congestion Mitigation and Air Quality Improvement Program.--
Notwithstanding section 149 of title 23, United States Code, for fiscal 
year 1996 and each subsequent fiscal year, the State of Vermont may 
obligate funds apportioned to the State for the congestion mitigation 
and air quality improvement program established under the section for a 
transportation project or program that--
            (1) is for an area in the State described in the matter 
        preceding paragraph (1) of section 149(b) of the title; and
            (2) will have air quality benefits through construction of, 
        and operational improvements for, intercity passenger rail 
        facilities, operation of intercity passenger rail trains, and 
        acquisition of rolling stock for intercity passenger rail 
        service, except that not more than 50 percent of the amount 
        received by the State for a fiscal year under this subsection 
        may be obligated for operating support.
    Sec. 3007. Any funds heretofore appropriated and made available in 
Public Law 102-104 and Public Law 102-377 to carry out the provisions 
for the project for navigation, St. Louis Harbor, Missouri and 
Illinois; may be utilized by the Secretary of the Army in carrying out 
the Upper Mississippi and Illinois Waterway System Navigation Study, 
Iowa, Illinois, Missouri, Wisconsin, Minnesota, in fiscal year 1996 or 
until expended.
    Sec. 3008. The Secretary of Health and Human Services shall grant a 
waiver of the requirements set forth in section 1903(m)(2)(A)(ii) of 
the Social Security Act to D.C. Chartered Health Plan, Inc. of the 
District of Columbia: Provided, That such waiver shall be deemed to 
have been in place for all contract periods from October 1, 1991 
through the current contract period or October 1, 1999, whichever shall 
be later.
    Sec. 3009. Of the funds appropriated by Public Law 104-37 or 
otherwise made available to the Food Safety and Inspection Service for 
fiscal year 1996, not less than $363,000,000 shall be available for 
salaries and benefits of in-plant personnel: Provided, That this 
limitation shall not apply if the Secretary of Agriculture certifies to 
the House and Senate Committees on Appropriations that a lesser amount 
will be adequate to fully meet in-plant inspection requirements for the 
fiscal year.
    Sec. 3010. The appropriation for the Arms Control and Disarmament 
Agency in Public Law 103-317 (108 Stat. 1768) is amended by deleting 
after ``until expended'' the following: ``only for activities related 
to the implementation of the Chemical Weapons Convention'': Provided, 
That amounts made available shall not be used to undertake new programs 
or to increase employment above levels on board at the time of 
enactment of this Act.
    Sec. 3011. Section 347(b)(3) of the Department of Transportation 
and Related Agencies Appropriations Act, 1996 (P.L. 104-50), is amended 
to read as follows:
            ``(3) chapter 71, relating to labor-management 
        relations,''.
    Sec. 3012. Within its Mission to Planet Earth program, NASA is 
urged to fund Phase A studies for a radar satellite initiative.

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

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

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

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

SEC. 3015. LAND EXCHANGE

    (a) Short Title.--This section may be cited as the ``Greens Creek 
Land Exchange Act of 1996''.
    (b) Findings.--The Congress makes the following findings:
            (1) The Alaska National Interest Lands Conservation Act 
        established the Admiralty Island National Monument and sections 
        503 and 504 of that Act provided special provisions under which 
        the Greens Creek Claims would be developed. The provisions 
        supplemented the general mining laws under which these claims 
        were staked.
            (2) The Kennecott Greens Creek Mining Company, Inc., 
        currently holds title to the Greens Creek Claims, and the area 
        surrounding these claims has further mineral potential which is 
        yet unexplored.
            (3) Negotiations between the United States Forest Service 
        and the Kennecott Greens Creek Mining Company, Inc., have 
        resulted in an agreement by which the area surrounding the 
        Greens Creek Claims could be explored and developed under terms 
        and conditions consistent with the protection of the values of 
        the Admiralty Island National Monument.
            (4) The full effectuation of the Agreement, by its terms, 
        requires the approval and ratification by Congress.
    (c) Definitions.--As used in this section--
            (1) the term ``Agreement'' means the document entitled the 
        ``Greens Creek Land Exchange Agreement'' executed on December 
        14, 1994, by the Under Secretary of Agriculture for Natural 
        Resources and Environment on behalf of the United States and 
        the Kennecott Greens Creek Mining Company and Kennecott 
        Corporation;
            (2) the term ``ANILCA'' means the Alaska National Interest 
        Lands Conservation Act, Public Law 96-487 (94 Stat. 2371);
            (3) the term ``conservation system unit'' has the same 
        meaning as defined in section 102(4) of ANILCA;
            (4) the term ``Greens Creek Claims'' means those patented 
        mining claims of Kennecott Greens Creek Mining Company within 
        the Monument recognized pursuant to section 504 of ANILCA;
            (5) the term ``KGCMC'' means the Kennecott Greens Creek 
        Mining Company, Inc., a Delaware corporation;
            (6) the term ``Monument'' means the Admiralty Island 
        National Monument in the State of Alaska established by section 
        503 of ANILCA;
            (7) the term ``Royalty'' means Net Island Receipts Royalty 
        as that latter term is defined in Exhibit C to the Agreement; 
        and
            (8) the term ``Secretary'' means the Secretary of 
        Agriculture.
    (d) Ratification of the Agreement.--The Agreement is hereby 
ratified and confirmed as to the duties and obligations of the United 
States and its agencies, and KGCMC and Kennecott Corporation, as a 
matter of Federal law. The agreement may be modified or amended, 
without further action by the Congress, upon written agreement of all 
parties thereto and with notification in writing being made to the 
appropriate committees of the Congress.
    (e) Implementation of the Agreement.--
            (1) Land acquisition.--Without diminishment of any other 
        land acquisition authority of the Secretary in Alaska and in 
        furtherance of the purposes of the Agreement, the Secretary is 
        authorized to acquire lands and interests in land within 
        conservation system units in the Tongass National Forest, and 
        any land or interest in land so acquired shall be administered 
        by the Secretary as part of the National Forest System and any 
        conservation system unit in which it is located. Priority shall 
        be given to acquisition of non-Federal lands within the 
        Monument.
            (2) Acquisition Funding.--There is hereby established in 
        the Treasury of the United States an account entitled the 
        `Greens Creek Land Exchange Account' into which shall be 
        deposited the first $5,000,000 in royalties received by the 
        United States under part 6 of the Agreement after the 
        distribution of the amounts pursuant to paragraph (3) of this 
        subsection. Such moneys in the special account in the Treasury 
        may, to the extent provided in appropriations Acts, be used for 
        land acquisition pursuant to paragraph (1) of this subsection.
            (3) Twenty-five percent fund.--All royalties paid to the 
        United States under the Agreement shall be subject to the 25 
        percent distribution provisions of the Act of May 23, 1908, as 
        amended (16 U.S.C. 500) relating to payments for roads and 
        schools.
            (4) Mineral development.--Notwithstanding any provision of 
        ANILCA to the contrary, the lands and interests in lands being 
        conveyed to KGCMC pursuant to the Agreement shall be available 
        for mining and related activities subject to and in accordance 
        with the terms of the Agreement and conveyances made 
        thereunder.
            (5) Admnistration.--The Secretary of Agriculture is 
        authorized to implement and administer the rights and 
        obligations of the Federal Government under the Agreement, 
        including monitoring the Government's interests relating to 
        extralateral rights, collecting royalties, and conducting 
        audits. The Secretary may enter into cooperative arrangements 
        with other Federal agencies for the performance of any Federal 
        rights or obligations under the Agreement or this Act.
            (6) Reversions.--Before reversion to the United States of 
        KGCMC properties located on Admiralty Island, KGCMC shall 
        reclaim the surface disturbed in accordance with an approved 
        plan of operations and applicable laws and regulations. Upon 
        reversion to the United States of KGCMC properties located on 
        Admiralty, those properties located within the Monument shall 
        become part of the Monument and those properties lying outside 
        the Monument shall be managed as part of the Tongass National 
        Forest.
            (7) Savings provisions.--Implementation of the Agreement in 
        accordance with this section shall not be deemed a major 
        Federal action significantly affecting the quality of the human 
        environment, nor shall implementation require further 
        consideration pursuant to the National Historic Preservation 
        Act, title VIII of ANILCA, or any other law.
    (f) Recision Rights.--Within 60 days of the enactment of this 
section, KGCMC and Kennecott Corporation shall have a right to rescind 
all rights under the Agreement and this section. Recision shall be 
effected by a duly authorized resolution of the Board of Directors of 
either KGCMC or Kennecott Corporation and delivered to the Chief of the 
Forest Service at the Chief's principal office in Washington. District 
of Columbia. In the event of a recision, the status quo ante provisions 
of the Agreement shall apply.

SEC. 3016. SEAFOOD SAFETY.

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

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

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

SEC. 3021. WALLA WALLA MEDICAL CENTER.

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

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

    (a) Plan.--(1) The Secretary of Veterans Affairs shall develop a 
plan for the allocation of health care resources (including personnel 
and funds) of the Department of Veterans Affairs among the health care 
facilities of the Department so as to ensure that veterans having 
similar economic status, eligibility priority and, or, similar medical 
conditions who are eligible for medical care in such facilities have 
similar access to such care in such facilities regardless of the region 
of the United States in which such veterans reside.
    (2) The Plan shall reflect, to the maximum extent possible, the 
Veterans Integrated Service Network, as well as the Resource Planning 
and Management System developed by the Department of Veterans Affairs 
to account for forecasts in expected workload and to ensure fairness to 
facilities that provide cost-efficient health care, and shall include 
procedures to identify reasons for variations in operating costs among 
similar facilities and ways to improve the allocation of resources so 
as to promote efficient use of resources and provision of quality 
health care.
    (3) The Secretary shall prepare the plan in consultation with the 
Under Secretary of Health of the Department of Veterans Affairs.
    (b) Plan Elements.--The plan under subsection (a) shall set forth--
            (1) milestones for achieving the goal referred to in that 
        subsection; and
            (2) a means of evaluating the success of the Secretary in 
        meeting the goals through the plan.
    (c) Submittal to Congress.--The Secretary shall submit to Congress 
the plan developed under subsection (a) not later than 180 days after 
the date of the enactment of this Act.
    (d) Plan Implementation.--The Secretary shall implement the plan 
developed under subsection (a) within 60 days of submitting such plan 
to Congress under subsection (b), unless within such period the 
Secretary notifies the appropriate Committees of Congress that such 
plan will not be implemented along with an explanation of why such plan 
will not be implemented.

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

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

                  TITLE IV--CONTINGENCY APPROPRIATIONS

                               CHAPTER 1

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

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology

                     industrial technology services

    In addition to funds provided elsewhere in this Act, for necessary 
expenses of the Advanced Technology Program of the National Institute 
of Standards and Technology, $235,000,000, to remain available until 
expended: Provided, That none of the funds made available under this 
heading in this or any other Act may be used for the purposes of 
carrying out additional program competitions under the Advanced 
Technology Program: Provided further, That any unobligated balances 
from carryover of current and prior year appropriations under the 
Advanced Technology Program may be used only for the purposes of 
providing continuation grants.

                       Technology Administration

       under secretary for technology/office of technology policy

                         salaries and expenses

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

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

           security and maintenance of united states missions

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

              International Organizations and Conferences

              contributions to international organizations

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

        contributions for international peacekeeping activities

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

                             RELATED AGENCY

                       Legal Services Corporation

               payment to the legal services corporation

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

                               CHAPTER 2

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                       payments in lieu of taxes

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

                         National Park Service

                 operations of the national park system

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

                        Bureau of Indian Affairs

                      operation of indian programs

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

                          DEPARTMENT OF ENERGY

                          Energy Conservation

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

                               CHAPTER 3

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

                         Subchapter A--Amounts

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

                    Subchapter B--Additional Amounts

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

                    Subchapter C--General Provisions

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

                Administration for Children and Families

                   job opportunities and basic skills

                              (rescission)

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

                    Federal Aviation Administration

                       grants-in-aid for airports

                    (airport and airway trust fund)

                 (rescission of contract authorization)

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

    Subchapter D--United States Enrichment Corporation Privatization

SEC. 401. SHORT TITLE.

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

SEC. 402. DEFINITIONS.

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

SEC. 403. SALE OF THE CORPORATION.

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

SEC. 404. METHOD OF SALE.

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

SEC. 405. ESTABLISHMENT OF PRIVATE CORPORATION.

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

SEC. 406. TRANSFERS TO THE PRIVATE CORPORATION.

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

SEC. 407. LEASING OF GASEOUS DIFFUSION FACILITIES.

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

SEC. 408. TRANSFER OF CONTRACTS.

    (a) Transfer of Contracts.--Concurrent with privatization, the 
Corporation shall transfer to the private corporation all contracts, 
agreements, and leases, including all uranium enrichment contracts, 
that were--
            (1) transferred by the Secretary to the Corporation 
        pursuant to section 1401(b) of the Atomic Energy Act of 1954 
        (42 U.S.C. 2297c(b)), or
            (2) entered into by the Corporation before the 
        privatization date.
    (b) Nontransferable Power Contracts.--The Corporation shall 
transfer to the private corporation the right to purchase power from 
the Secretary under the power purchase contracts for the gaseous 
diffusion plants executed by the Secretary before July 1, 1993. The 
Secretary shall continue to receive power for the gaseous diffusion 
plants under such contracts and shall continue to resell such power to 
the private corporation at cost during the term of such contracts.
    (c) Effect of Transfer.--(1) Notwithstanding subsection (a), the 
United States shall remain obligated to the parties to the contracts, 
agreements, and leases transferred under subsection (a) for the 
performance of its obligations under such contracts, agreements, or 
leases during their terms. Performance of such obligations by the 
private corporation shall be considered performance by the United 
States.
    (2) If a contract, agreement, or lease transferred under subsection 
(a) is terminated, extended, or materially amended after the 
privatization date--
            (A) the private corporation shall be responsible for any 
        obligation arising under such contract, agreement, or lease 
        after any extension or material amendment, and
            (B) the United States shall be responsible for any 
        obligation arising under the contract, agreement, or lease 
        before the termination, extension, or material amendment.
    (3) The private corporation shall reimburse the United States for 
any amount paid by the United States under a settlement agreement 
entered into with the consent of the private corporation or under a 
judgment, if the settlement or judgment--
            (A) arises out of an obligation under a contract, 
        agreement, or lease transferred under subsection (a), and
            (B) arises out of actions of the private corporation 
        between the privatization date and the date of a termination, 
        extension, or material amendment of such contract, agreement, 
        or lease.
    (d) Pricing.--The Corporation may establish prices for its 
products, materials, and services provided to customers on a basis that 
will allow it to attain the normal business objectives of a profit 
making corporation.

SEC. 409. LIABILITIES.

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

SEC. 410. EMPLOYEE PROTECTIONS.

    (a) Contractor Employees.--(1) Privatization shall not diminish the 
accrued, vested pension benefits of employees of the Corporation's 
operating contractor at the two gaseous diffusion plants.
    (2) In the event that the private corporation terminates or changes 
the contractor at either or both of the gaseous diffusion plants, the 
plan sponsor or other appropriate fiduciary of the pension plan 
covering employees of the prior operating contractor shall arrange for 
the transfer of all plan assets and liabilities relating to accrued 
pension benefits of such plan's participants and beneficiaries from 
such plant to a pension plan sponsored by the new contractor or the 
private corporation or a joint labor-management plan, as the case may 
be.
    (3) In addition to any obligations arising under the National Labor 
Relations Act (29 U.S.C. 151 et seq.), any employer (including the 
private corporation if it operates a gaseous diffusion plant without a 
contractor or any contractor of the private corporation) at a gaseous 
diffusion plant shall--
            (A) abide by the terms of any unexpired collective 
        bargaining agreement covering employees in bargaining units at 
        the plant and in effect on the privatization date until the 
        stated expiration or termination date of the agreement; or
            (B) in the event a collective bargaining agreement is not 
        in effect upon the privatization date, have the same bargaining 
        obligations under section 8(d) of the National Labor Relations 
        Act (29 U.S.C. 158(d)) as it had immediately before the 
        privatization date.
    (4) If the private corporation replaces its operating contractor at 
a gaseous diffusion plant, the new employer (including the new 
contractor or the private corporation if it operates a gaseous 
diffusion plant without a contractor) shall--
            (A) offer employment to non-management employees of the 
        predecessor contractor to the extent that their jobs still 
        exist or they are qualified for new jobs, and
            (B) abide by the terms of the predecessor contractor's 
        collective bargaining agreement until the agreement expires or 
        a new agreement is signed.
    (5) In the event of a plant closing or mass layoff (as such terms 
are defined in section 2101(a) (2) and (3) of title 29, United States 
Code) at either of the gaseous diffusion plants, the Secretary of 
Energy shall treat any adversely affected employee of an operating 
contractor at either plant who was an employee at such plant on July 1, 
1993, as a Department of Energy employee for purposes of sections 3161 
and 3162 of the National Defense Authorization Act for Fiscal Year 1993 
(42 U.S.C. 7274h-7274i).
    (6)(A) The Secretary and the private corporation shall cause the 
post-retirement health benefits plan provider (or its successor) to 
continue to provide benefits for eligible persons, as described under 
subparagraph (B), employed by an operating contractor at either of the 
gaseous diffusion plants in an economically efficient manner and at 
substantially the same level of coverage as eligible retirees are 
entitled to receive on the privatization date.
    (B) Persons eligible for coverage under subparagraph (A) shall be 
limited to:
            (i) persons who retired from active employment at one of 
        the gaseous diffusion plants on or before the privatization 
        date as vested participants in a pension plan maintained either 
        by the Corporation's operating contractor or by a contractor 
        employed prior to July 1, 1993, by the Department of Energy to 
        operate a gaseous diffusion plant; and
            (ii) persons who are employed by the Corporation's 
        operating contractor on or before the privatization date and 
        are vested participants in a pension plan maintained either by 
        the Corporation's operating contractor or by a contractor 
        employed prior to July 1, 1993, by the Department of Energy to 
        operate a gaseous diffusion plant.
    (C) The Secretary shall fund the entire cost of post-retirement 
health benefits for persons who retired from employment with an 
operating contractor prior to July 1, 1993.
    (D) The Secretary and the Corporation shall fund the cost of post-
retirement health benefits for persons who retire from employment with 
an operating contractor on or after July 1, 1993, in proportion to the 
retired person's years and months of service at a gaseous diffusion 
plant under their respective management.
    (7)(A) Any suit under this subsection alleging a violation of an 
agreement between an employer and a labor organization shall be brought 
in accordance with section 301 of the Labor Management Relations Act 
(29 U.S.C. 185).
    (B) Any charge under this subsection alleging an unfair labor 
practice violative of section 8 of the National Labor Relations Act (29 
U.S.C. 158) shall be pursued in accordance with section 10 of the 
National Labor Relations Act (29 U.S.C. 160).
    (C) Any suit alleging a violation of any provision of this 
subsection, to the extent it does not allege a violation of the 
National Labor Relations Act, may be brought in any district court of 
the United States having jurisdiction over the parties, without regard 
to the amount in controversy or the citizenship of the parties.
    (b) Former Federal Employees.--(1)(A) An employee of the 
Corporation that was subject to either the Civil Service Retirement 
System (referred to in this section as ``CSRS'') or the Federal 
Employees' Retirement System (referred to in this section as ``FERS'') 
on the day immediately preceding the privatization date shall elect--
            (i) to retain the employee's coverage under either CSRS or 
        FERS, as applicable, in lieu of coverage by the Corporation's 
        retirement system, or
            (ii) to receive a deferred annuity or lump-sum benefit 
        payable to a terminated employee under CSRS or FERS, as 
        applicable.
    (B) An employee that makes the election under subparagraph (A)(ii) 
shall have the option to transfer the balance in the employee's Thrift 
Savings Plan account to a defined contribution plan under the 
Corporation's retirement system, consistent with applicable law and the 
terms of the Corporation's defined contribution plan.
    (2) The Corporation shall pay to the Civil Service Retirement and 
Disability Fund--
            (A) such employee deductions and agency contributions as 
        are required by sections 8334, 8422, and 8423 of title 5, 
        United States Code, for those employees who elect to retain 
        their coverage under either CSRS or FERS pursuant to paragraph 
        (1);
            (B) such additional agency contributions as are determined 
        necessary by the Office of Personnel Management to pay, in 
        combination with the sums under subparagraph (A), the ``normal 
        cost'' (determined using dynamic assumptions) of retirement 
        benefits for those employees who elect to retain their coverage 
        under CSRS pursuant to paragraph (1), with the concept of 
        ``normal cost'' being used consistent with generally accepted 
        actuarial standards and principles; and
            (C) such additional amounts, not to exceed two percent of 
        the amounts under subparagraphs (A) and (B), as are determined 
        necessary by the Office of Personnel Management to pay the cost 
        of administering retirement benefits for employees who retire 
        from the Corporation after the privatization date under either 
        CSRS or FERS, for their survivors, and for survivors of 
        employees of the Corporation who die after the privatization 
        date (which amounts shall be available to the Office of 
        Personnel Management as provided in section 8348(a)(1)(B) of 
        title 5, United States Code).
    (3) The Corporation shall pay to the Thrift Savings Fund such 
employee and agency contributions as are required by section 8432 of 
title 5, United States Code, for those employees who elect to retain 
their coverage under FERS pursuant to paragraph (1).
    (4) Any employee of the Corporation who was subject to the Federal 
Employee Health Benefits Program (referred to in this section as 
``FEHBP'') on the day immediately preceding the privatization date and 
who elects to retain coverage under either CSRS or FERS pursuant to 
paragraph (1) shall have the option to receive health benefits from a 
health benefit plan established by the Corporation or to continue 
without interruption coverage under the FEHBP, in lieu of coverage by 
the Corporation's health benefit system.
    (5) The Corporation shall pay to the Employees Health Benefits 
Fund--
            (A) such employee deductions and agency contributions as 
        are required by section 8906 (a)-(f) of title 5, United States 
        Code, for those employees who elect to retain their coverage 
        under FEHBP pursuant to paragraph (4); and
            (B) such amounts as are determined necessary by the Office 
        of Personnel Management under paragraph (6) to reimburse the 
        Office of Personnel Management for contributions under section 
        8906(g)(1) of title 5, United States Code, for those employees 
        who elect to retain their coverage under FEHBP pursuant to 
        paragraph (4).
    (6) The amounts required under paragraph (5)(B) shall pay the 
Government contributions for retired employees who retire from the 
Corporation after the privatization date under either CSRS or FERS, for 
survivors of such retired employees, and for survivors of employees of 
the Corporation who die after the privatization date, with said amounts 
prorated to reflect only that portion of the total service of such 
employees and retired persons that was performed for the Corporation 
after the privatization date.

SEC. 411. OWNERSHIP LIMITATIONS.

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

SEC. 412. URANIUM TRANSFERS AND SALES.

    (a) Transfers and Sales by the Secretary.--The Secretary shall not 
provide enrichment services or transfer or sell any uranium (including 
natural uranium concentrates, natural uranium hexafluoride, or enriched 
uranium in any form) to any person except as consistent with this 
section.
    (b) Russian HEU.--(1) On or before December 31, 1996, the United 
States Executive Agent under the Russian HEU Agreement shall transfer 
to the Secretary without charge title to an amount of uranium 
hexafluoride equivalent to the natural uranium component of low-
enriched uranium derived from at least 18 metric tons of highly 
enriched uranium purchased from the Russian Executive Agent under the 
Russian HEU Agreement. The quantity of such uranium hexafluoride 
delivered to the Secretary shall be based on a tails assay of 0.30 
U\235\. Uranium hexafluoride transferred to the Secretary pursuant to 
this paragraph shall be deemed under United States law for all purposes 
to be of Russian origin.
    (2) Within 7 years of the date of enactment of this Act, the 
Secretary shall sell, and receive payment for, the uranium hexafluoride 
transferred to the Secretary pursuant to paragraph (1). Such uranium 
hexafluoride shall be sold--
            (A) at any time for use in the United States for the 
        purpose of overfeeding;
            (B) at any time for end use outside the United States;
            (C) in 1995 and 1996 to the Russian Executive Agent at the 
        purchase price for use in matched sales pursuant to the 
        Suspension Agreement; or,
            (D) in calendar year 2001 for consumption by end users in 
        the United States not prior to January 1, 2002, in volumes not 
        to exceed 3,000,000 pounds U<INF>3O<INF>8 equivalent per year.
    (3) With respect to all enriched uranium delivered to the United 
States Executive Agent under the Russian HEU Agreement on or after 
January 1, 1997, the United States Executive Agent shall, upon request 
of the Russian Executive Agent, enter into an agreement to deliver 
concurrently to the Russian Executive Agent an amount of uranium 
hexafluoride equivalent to the natural uranium component of such 
uranium. An agreement executed pursuant to a request of the Russian 
Executive Agent, as contemplated in this paragraph, may pertain to any 
deliveries due during any period remaining under the Russian HEU 
Agreement. The quantity of such uranium hexafluoride delivered to the 
Russian Executive Agent shall be based on a tails assay of 0.30 U\235\. 
Title to uranium hexafluoride delivered to the Russian Executive Agent 
pursuant to this paragraph shall transfer to the Russian Executive 
Agent upon delivery of such material to the Russian Executive Agent, 
with such delivery to take place at a North American facility 
designated by the Russian Executive Agent. Uranium hexafluoride 
delivered to the Russian Executive Agent pursuant to this paragraph 
shall be deemed under U.S. law for all purposes to be of Russian 
origin. Such uranium hexafluoride may be sold to any person or entity 
for delivery and use in the United States only as permitted in 
subsections (b)(5), (b)(6) and (b)(7) of this section.
    (4) In the event that the Russian Executive Agent does not exercise 
its right to enter into an agreement to take delivery of the natural 
uranium component of any low-enriched uranium, as contemplated in 
paragraph (3), within 90 days of the date such low-enriched uranium is 
delivered to the United States Executive Agent, or upon request of the 
Russian Executive Agent, then the United States Executive Agent shall 
engage an independent entity through a competitive selection process to 
auction an amount of uranium hexafluoride or U<INF>3O<INF>8 (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>3O<INF>8
  Year:
                                                            equivalent)
        1998.........................................                2 
        1999.........................................                4 
        2000.........................................                6 
        2001.........................................                8 
        2002.........................................               10 
        2003.........................................               12 
        2004.........................................               14 
        2005.........................................               16 
        2006.........................................               17 
        2007.........................................               18 
        2008.........................................               19 
        2009 and each year thereafter................               20.
    (6) Uranium hexafluoride delivered to the Russian Executive Agent 
under paragraph (3) or auctioned pursuant to paragraph (4) may be sold 
at any time as Russian-origin natural uranium in a matched sale 
pursuant to the Suspension Agreement, and in such case shall not be 
counted against the annual maximum deliveries set forth in paragraph 
(5).
    (7) Uranium hexafluoride delivered to the Russian Executive Agent 
under paragraph (3) or auctioned pursuant to paragraph (4) may be sold 
at any time for use in the United States for the purpose of overfeeding 
in the operations of enrichment facilities.
    (8) Nothing in this subsection (b) shall restrict the sale of the 
conversion component of such uranium hexafluoride.
    (9) The Secretary of Commerce shall have responsibility for the 
administration and enforcement of the limitations set forth in this 
subsection. The Secretary of Commerce may require any person to provide 
any certifications, information, or take any action that may be 
necessary to enforce these limitations. The United States Customs 
Service shall maintain and provide any information required by the 
Secretary of Commerce and shall take any action requested by the 
Secretary of Commerce which is necessary for the administration and 
enforcement of the uranium delivery limitations set forth in this 
section.
    (10) The President shall monitor the actions of the United States 
Executive Agent under the Russian HEU Agreement and shall report to the 
Congress not later than December 31 of each year on the effect the low-
enriched uranium delivered under the Russian HEU Agreement is having on 
the domestic uranium mining, conversion, and enrichment industries, and 
the operation of the gaseous diffusion plants. Such report shall 
include a description of actions taken or proposed to be taken by the 
President to prevent or mitigate any material adverse impact on such 
industries or any loss of employment at the gaseous diffusion plants as 
a result of the Russian HEU Agreement.
    (c) Transfers to the Corporation.--(1) The Secretary shall transfer 
to the Corporation without charge up to 50 metric tons of enriched 
uranium and up to 7,000 metric tons of natural uranium from the 
Department of Energy's stockpile, subject to the restrictions in 
subsection (c)(2).
    (2) The Corporation shall not deliver for commercial end use in the 
United States--
            (A) any of the uranium transferred under this subsection 
        before January 1, 1998;
            (B) more than 10 percent of the uranium (by uranium 
        hexafluoride equivalent content) transferred under this 
        subsection or more than 4,000,000 pounds, whichever is less, in 
        any calendar year after 1997; or
            (C) more than 800,000 separative work units contained in 
        low-enriched uranium transferred under this subsection in any 
        calendar year.
    (d) Inventory Sales.--(1) In addition to the transfers authorized 
under subsections (c) and (e), the Secretary may, from time to time, 
sell natural and low-enriched uranium (including low-enriched uranium 
derived from highly enriched uranium) from the Department of Energy's 
stockpile.
    (2) Except as provided in subsections (b), (c), and (e), no sale or 
transfer of natural or low-enriched uranium shall be made unless--
            (A) the President determines that the material is not 
        necessary for national security needs,
            (B) the Secretary determines that the sale of the material 
        will not have an adverse material impact on the domestic 
        uranium mining, conversion, or enrichment industry, taking into 
        account the sales of uranium under the Russian HEU Agreement 
        and the Suspension Agreement, and
            (C) the price paid to the Secretary will not be less than 
        the fair market value of the material.
    (e) Government Transfers.--Notwithstanding subsection (d)(2), the 
Secretary may transfer or sell enriched uranium--
            (1) to a Federal agency if the material is transferred for 
        the use of the receiving agency without any resale or transfer 
        to another entity and the material does not meet commercial 
        specifications;
            (2) to any person for national security purposes, as 
        determined by the Secretary; or
            (3) to any State or local agency or nonprofit, charitable, 
        or educational institution for use other than the generation of 
        electricity for commercial use.
    (f) Savings Provision.--Nothing in this subchapter shall be read to 
modify the terms of the Russian HEU Agreement.

SEC. 413. LOW-LEVEL WASTE.

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

SEC. 414. AVLIS.

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

SEC. 415. APPLICATION OF CERTAIN LAWS.

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

SEC. 416. AMENDMENTS TO THE ATOMIC ENERGY ACT.

    (a) Repeal.--(1) Chapters 22 through 26 of the Atomic Energy Act of 
1954 (42 U.S.C. 2297-2297e-7) are repealed as of the privatization 
date.
    (2) The table of contents of such Act is amended as of the 
privatization date by striking the items referring to sections repealed 
by paragraph (1).
    (b) NRC Licensing.--(1) Section 11v. of the Atomic Energy Act of 
1954 (42 U.S.C. 2014v.) is amended by striking ``or the construction 
and operation of a uranium enrichment facility using Atomic Vapor Laser 
Isotope Separation technology''.
    (2) Section 193 of the Atomic Energy Act of 1954 (42 U.S.C. 2243) 
is amended by adding at the end the following:
    ``(f) Limitation.--No license or certificate of compliance may be 
issued to the United States Enrichment Corporation or its successor 
under this section or sections 53, 63, or 1701, if the Commission 
determines that--
            ``(1) the Corporation is owned, controlled, or dominated by 
        an alien, a foreign corporation, or a foreign government; or
            ``(2) the issuance of such a license or certificate of 
        compliance would be inimical to--
                    ``(A) the common defense and security of the United 
                States; or
                    ``(B) the maintenance of a reliable and economical 
                domestic source of enrichment services.''.
    (3) Section 1701(c)(2) of the Atomic Energy Act of 1954 (42 U.S.C. 
2297f(c)(2)) is amended to read as follows:
            ``(2) Periodic application for certificate of compliance.--
        The Corporation shall apply to the Nuclear Regulatory 
        Commission for a certificate of compliance under paragraph (1) 
        periodically, as determined by the Commission, but not less 
        than every 5 years. The Commission shall review any such 
        application and any determination made under subsection (b)(2) 
        shall be based on the results of any such review.''.
    (4) Section 1702(a) of the Atomic Energy Act of 1954 (42 U.S.C. 
2297f-1(a)) is amended--
            (1) by striking ``other than'' and inserting ``including'', 
        and
            (2) by striking ``sections 53 and 63'' and inserting 
        ``sections 53, 63, and 193''.
    (c) Judicial Review of NRC Actions.--Section 189b. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2239(b)) is amended to read as follows:
    ``b. The following Commission actions shall be subject to judicial 
review in the manner prescribed in chapter 158 of title 28, United 
States Code, and chapter 7 of title 5, United States Code:
            ``(1) Any final order entered in any proceeding of the kind 
        specified in subsection (a).
            ``(2) Any final order allowing or prohibiting a facility to 
        begin operating under a combined construction and operating 
        license.
            ``(3) Any final order establishing by regulation standards 
        to govern the Department of Energy's gaseous diffusion uranium 
        enrichment plants, including any such facilities leased to a 
        corporation established under the USEC Privatization Act.
            ``(4) Any final determination under section 1701(c) 
        relating to whether the gaseous diffusion plants, including any 
        such facilities leased to a corporation established under the 
        USEC Privatization Act, are in compliance with the Commission's 
        standards governing the gaseous diffusion plants and all 
        applicable laws.''.
    (d) Civil Penalties.--Section 234 a. of the Atomic Energy Act of 
1954 (42 U.S.C. 2282(a) is amended by--
            (1) striking ``any licensing provision of section 53, 57, 
        62, 63, 81, 82, 101, 103, 104, 107, or 109'' and inserting: 
        ``any licensing or certification provision of section 53, 57, 
        62, 63, 81, 82, 101, 103, 104, 107, 109, or 1701''; and
            (2) by striking ``any license issued thereunder'' and 
        inserting: ``any license or certification issued thereunder''.
    (e) References to the Corporation.--Following the privatization 
date, all references in the Atomic Energy Act of 1954 to the United 
States Enrichment Corporation shall be deemed to be references to the 
private corporation.

SEC. 417. AMENDMENTS TO OTHER LAWS.

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

               Subchapter E--Strategic Petroleum Reserve

SEC. 431. SALE OF WEEKS ISLAND OIL.

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

                               CHAPTER 4

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

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration

                      construction, major projects

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

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                            Housing Programs

               annual contributions for assisted housing

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

public housing demolition, site revitalization, and replacement housing 
                                 grants

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

         payments for operation of low-income housing projects

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

     management and administration departmental restructuring fund

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

               clarification of block grants in new york

    (a) All funds allocated for the State of New York for fiscal years 
1995, 1996, and all subsequent fiscal years, under the HOME investment 
partnerships program, as authorized under title II of the Cranston-
Gonzalez National Affordable Housing Act (Public law 101-625) shall be 
made available to the Chief Executive Officer of the State, or an 
entity designated by the Chief Executive Officer, to be used for 
activities in accordance with the requirements of the HOME investment 
partnerships program, notwithstanding the Memorandum from the General 
Counsel of the Department of Housing and Urban Development dated March 
5, 1996.
    (b) The Secretary of Housing and Urban Development shall award 
funds made available for fiscal year 1996 for grants allocated for the 
State of New York for a community development grants program as 
authorized by title I of the Housing and Community Development Act of 
1974, as amended (42 U.S.C. 5301), in accordance with the requirements 
established under the Notice of Funding Availability for fiscal year 
1995 for the New York State Small Cities Community Development Block 
Grant Program.

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency

                 environmental programs and management

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

                        buildings and facilities

    In addition to funds provided elsewhere in this Act, $50,000,000, 
to remain available until expended: Provided, That notwithstanding any 
other provision of law, EPA is authorized to establish and construct a 
consolidated research facility at Research Triangle Park, North 
Carolina, at a maximum total construction cost of $232,000,000, and to 
obligate such monies as are made available by this Act, and hereafter, 
for this purpose.

                   state and tribal assistance grants

    In addition to funds provided elsewhere in this Act, $100,000,000, 
to remain available until expended, for capitalization grants for State 
revolving funds to support water infrastructure financing: Provided, 
That of the funds made available by this paragraph, $50,000,000 shall 
be for drinking water State revolving funds, but if no drinking water 
State revolving fund legislation is enacted by June 1, 1996, these 
funds shall immediately be available for making capitalization grants 
under title VI of the Federal Water Pollution Control Act, as amended.

             National Aeronautics and Space Administration

                   space, aeronautics and technology

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

                      National Science Foundation

                    research and related activities

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

                           GENERAL PROVISIONS

    Sec. 4001. No part of any appropriation contained in this title 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.
    Sec. 4002. No part of any appropriation contained in this title 
shall be made available for obligation or expenditure, nor any 
authority granted herein be effective, until the enactment into law of 
a subsequent Act entitled ``An Act Incorporating an Agreement Between 
the President and Congress Relative to Federal Expenditures in Fiscal 
Year 1996 and Future Fiscal Years''.
    Sec. 4003. (a) This section may be cited as the ``Federal 
Prohibition of Female Genital Mutilation Act of 1996''.
    (b) Congress finds that--
            (1) the practice of female genital mutilation is carried 
        out by members of certain cultural and religious groups within 
        the United States;
            (2) the practice of female genital mutilation often results 
        in the occurrence of physical and psychological health effects 
        that harm the women involved;
            (3) such mutilation infringes upon the guarantees of rights 
        secured by Federal and State law, both statutory and 
        constitutional;
            (4) the unique circumstances surrounding the practice of 
        female genital mutilation place it beyond the ability of any 
        single State or local jurisdiction to control;
            (5) the practice of female genital mutilation can be 
        prohibited without abridging the exercise of any rights 
        guaranteed under the First Amendment to the Constitution or 
        under any other law; and
            (6) Congress has the affirmative power under section 8 of 
        article I of the Constitution, as well as under section 5 of 
        the Fourteenth Amendment to the Constitution, to enact such 
        legislation.
    (c) It is the purpose of this section to protect and promote the 
public safety and health and activities affecting interstate commerce 
by establishing Federal criminal penalties for the performance of 
female genital mutilation.
    (d)(1) Chapter 7 of title 18, United States Code, is amended by 
adding at the end the following new section:
``Sec. 116. Female genital mutilation
    ``(a) Except as provided in subsection (b), whoever knowingly 
circumcises, excises, or infibulates the whole or any part of the labia 
majora or labia minora or clitoris of another person who has not 
attained the age of 18 years shall be fined under this title or 
imprisoned not more than 5 years, or both.
    ``(b) A surgical operation is not a violation of this section if 
the operation is--
            ``(1) necessary to the health of the person on whom it is 
        performed, and is performed by a person licensed in the place 
        of its performance as a medical practitioner; or
            ``(2) performed on a person in labor or who has just given 
        birth and is performed for medical purposes connected with that 
        labor or birth by a person licensed in the place it is 
        performed as a medical practitioner, midwife, or person in 
        training to become such a practitioner or midwife.
    ``(c) In applying subsection (b)(1), no account shall be taken of 
the effect on the person on whom the operation is to be performed of 
any belief on the part of that or any other person that the operation 
is required as a matter of custom or ritual.
    ``(d) Whoever knowingly denies to any person medical care or 
services or otherwise discriminates against any person in the provision 
of medical care or services, because--
            ``(1) that person has undergone female circumcision, 
        excision, or infibulation; or
            ``(2) that person has requested that female circumcision, 
        excision, or infibulation be performed on any person;
shall be fined under this title or imprisoned not more than one year, 
or both.''.
    (2) The table of sections at the beginning of chapter 7 of title 
18, United States Code, is amended by adding at the end the following 
new item:

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

                   TITLE V--ENVIRONMENTAL INITIATIVES

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

                           Independent Agency

                    environmental protection agency

                 environmental programs and management

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

                        buildings and facilities

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

                   state and tribal assistance grants

    In addition to funds provided elsewhere in this Act, $200,000,000, 
to remain available until expended, for capitalization grants for State 
revolving funds to support water infrastructure financing: Provided, 
That of the funds made available by this paragraph, $125,000,000 shall 
be for drinking water State revolving funds, but if no drinking water 
State revolving fund legislation is enacted by June 1, 1996, these 
funds shall immediately be available for making capitalization grants 
under title VI of the Federal Water Pollution Control Act, as amended.

                     hazardous substance superfund

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

                           General Provisions

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

             Corporation for National and Community Service

                national and community service programs

                           operating expenses

                     (including transfer of funds)

    For necessary expenses for the Corporation for National and 
Community Service (referred to in the matter under this heading as the 
``Corporation'') in carrying out programs, activities, and initiatives 
under the National and Community Service Act of 1990 (referred to in 
the matter under this heading as the ``Act'') (42 U.S.C. 12501 et 
seq.), $400,500,000, of which $265,000,000 shall be available for 
obligation from September 1, 1996, through September 30, 1997: 
Provided, That not more than $25,000,000 shall be available for 
administrative expenses authorized under section 501(a)(4) of the Act 
(42 U.S.C. 12671(a)(4)): Provided further, That not more than $2,500 
shall be for official reception and representation expenses: Provided 
further, That not more than $59,000,000, to remain available without 
fiscal year limitation, shall be transferred to the National Service 
Trust account for educational awards authorized under subtitle D of 
title I of the Act (42 U.S.C. 12601 et seq.): Provided further, That 
not more than $215,000,000 of the amount provided under this heading 
shall be available for grants under the National Service Trust program 
authorized under subtitle C of title I of the Act (42 U.S.C. 12571 et 
seq.) (relating to activities including the Americorps program), of 
which not more than $40,000,000 may be used to administer, reimburse or 
support any national service program authorized under section 121(d)(2) 
of such Act (42 U.S.C. 12581(d)(2)): Provided further, That not more 
than $5,500,000 of the funds made available under this heading shall be 
made available for the Points of Light Foundation for activities 
authorized under title III of the Act (42 U.S.C. 12661 et seq.): 
Provided further, That no funds shall be available for national service 
programs run by Federal agencies authorized under section 121(b) of 
such Act (42 U.S.C. 12581(b)): Provided further, That, to the maximum 
extent feasible, funds appropriated in the preceding proviso shall be 
provided in a manner that is consistent with the recommendations of 
peer review panels in order to ensure that priority is given to 
programs that demonstrate quality, innovation, replicability, and 
sustainability: Provided further, That not more than $18,000,000 of the 
funds made available under this heading shall be available for the 
Civilian Community Corps authorized under subtitle E of title I of the 
Act (42 U.S.C. 12611 et seq.): Provided further, That not more than 
$43,000,000 shall be available for school-based and community-based 
service-learning programs authorized under subtitle B of title I of the 
Act (41 U.S.C. 12521 et seq.): Provided further, That not more than 
$30,000,000 shall be available for quality and innovation activities 
authorized under subtitle H of title I of the Act (42 U.S.C. 12853 et 
seq.): Provided further, That not more than $5,000,000 shall be 
available for audits and other evaluations authorized under section 179 
of the Act (42 U.S.C. 12639), of which up to $500,000 shall be 
available for a study by the National Academy of Public Administration 
on the structure, organization, and management of the Corporation and 
activities supported by the Corporation, including an assessment of the 
quality, innovation, replicability, and sustainability without Federal 
funds of such activities, and the Federal and non-Federal cost of 
supporting participants in community service activities: Provided 
further, That no funds from any other appropriation, or from funds 
otherwise made available to the Corporation, shall be used to pay for 
personnel compensation and benefits, travel, or any other 
administrative expense for the Board of Directors, the Office of the 
Chief Executive Officer, the Office of the Managing Director, the 
Office of the Chief Financial Officer, the Office of National and 
Community Service Programs, the Civilian Community Corps, or any field 
office or staff of the Corporation working on the National and 
Community Service or Civilian Community Corps programs: Provided 
further, That to the maximum extent practicable, the Corporation shall 
increase significantly the level of matching funds and in-kind 
contributions provided by the private sector, shall expand 
significantly the number of educational awards provided under subtitle 
D of title I, and shall reduce the total Federal cost per participant 
in all programs: Provided further, That prior to September 30, 1996, 
the General Accounting Office shall report to the Congress the results 
of a study of State commission programs which evaluates the cost per 
participant, the commissions' ability to oversee the programs, and 
other relevant considerations: Provided further, That the matter under 
this heading in title I of this Act shall not be effective.

                           sense of congress

    It is the sense of the Congress that accounting for taxpayers' 
funds must be a top priority for all Federal agencies and Government 
corporations. The Congress is deeply concerned about the findings of 
the recent audit of the Corporation for National and Community Service 
required under the Government Corporation Control Act of 1945. The 
Congress urges the President to expeditiously nominate a qualified 
Chief Financial Officer for the Corporation. Further, to the maximum 
extent practicable and as quickly as possible, the Corporation should 
implement the recommendations of the independent auditors contracted 
for by the Corporation's Inspector General, as well as the Chief 
Financial Officer, to improve the financial management of taxpayers' 
funds. Should the Chief Financial Officer determine that additional 
resources are needed to implement these recommendations, the 
Corporation should submit a reprogramming proposal for up to $3,000,000 
to carry out reforms of the financial management system.

                           funding adjustment

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

                      CHAPTER 2--SPENDING OFFSETS

                     Subchapter A--Debt Collection

SEC. 5101. SHORT TITLE.

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

SEC. 5102. EFFECTIVE DATE.

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

              PART I--GENERAL DEBT COLLECTION INITIATIVES

                  Subpart A--General Offset Authority

SEC. 5201. ENHANCEMENT OF ADMINISTRATIVE OFFSET AUTHORITY.

    (a) Section 3701(c) of title 31, United States Code, is amended to 
read as follows:
    ``(c) In sections 3716 and 3717 of this title, the term `person' 
does not include an agency of the United States Government, or of a 
unit of general local government.''.
    (b) Section 3716 of title 31, United States Code, is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Before collecting a claim by administrative offset, the head 
of an executive, legislative, or judicial agency must either--
            ``(1) adopt regulations on collecting by administrative 
        offset promulgated by the Department of Justice, the General 
        Accounting Office and/or the Department of the Treasury without 
        change; or
            ``(2) prescribe independent regulations on collecting by 
        administrative offset consistent with the regulations 
        promulgated under paragraph (1).'';
            (2) by amending subsection (c)(2) to read as follows:
            ``(2) when a statute explicitly prohibits using 
        administrative `offset' or `setoff' to collect the claim or 
        type of claim involved.'';
            (3) by redesignating subsection (c) as subsection (d); and
            (4) by inserting after subsection (b) the following new 
        subsection:
    ``(c)(1)(A) Except as provided in subparagraph (B) or (C), a 
disbursing official of the Department of the Treasury, the Department 
of Defense, the United States Postal Service, or any disbursing 
official of the United States designated by the Secretary of the 
Treasury, is authorized to offset the amount of a payment which a 
payment certifying agency has certified to the disbursing official for 
disbursement by an amount equal to the amount of a claim which a 
creditor agency has certified to the Secretary of the Treasury pursuant 
to this subsection.
    ``(B) An agency that designates disbursing officials pursuant to 
section 3321(c) of this title is not required to certify claims arising 
out of its operations to the Secretary of the Treasury before such 
agency's disbursing officials offset such claims.
    ``(C) Payments certified by the Department of Education under a 
program administered by the Secretary of Education under title IV of 
the Higher Education Act of 1965, as amended, shall not be subject to 
offset under this subsection.
    ``(2) Neither the disbursing official nor the payment certifying 
agency shall be liable--
            ``(A) for the amount of the offset on the basis that the 
        underlying obligation, represented by the payment before the 
        offset was taken, was not satisfied; or
            ``(B) for failure to provide timely notice under paragraph 
        (8).
    ``(3)(A) Notwithstanding any other provision of law (including 
sections 207 and 1631(d)(1) of the Act of August 14, 1935 (42 U.S.C. 
407 and 1383(d)(1)), section 413(b) of Public Law 91-173 (30 U.S.C. 
923(b)), and section 14 of the Act of August 29, 1935 (45 U.S.C. 
231m)), all payments due under the Social Security Act, Part B of the 
Black Lung Benefits Act, or under any law administered by the Railroad 
Retirement Board shall be subject to offset under this section.
    ``(B) An amount of $10,000 which a debtor may receive under Federal 
benefit programs cited under subparagraph (A) within a 12-month period 
shall be exempt from offset under this subsection. In applying the 
$10,000 exemption, the disbursing official shall--
            ``(i) apply a prorated amount of the exemption to each 
        periodic benefit payment to be made to the debtor during the 
        applicable 12-month period; and
            ``(ii) consider all benefit payments made during the 
        applicable 12-month period which are exempt from offset under 
        this subsection as part of the $10,000 exemption.
For purposes of the preceding sentence, the amount of a periodic 
benefit payment shall be the amount after any reduction or deduction 
required under the laws authorizing the program under which such 
payment is authorized to be made (including any reduction or deduction 
to recover any overpayment under such program).
    ``(C) The Secretary of the Treasury shall exempt means-tested 
programs when notified by the head of the respective agency. The 
Secretary may exempt other payments from offset under this subsection 
upon the written request of the head of a payment certifying agency. A 
written request for exemption of other payments must provide 
justification for the exemption under thestandards prescribed by the 
Secretary. Such standards shall give due consideration to whether 
offset would tend to interfere substantially with or defeat the 
purposes of the payment certifying agency's program.
    ``(D) The provisions of sections 205(b)(1) and 1631(c)(1) of the 
Social Security Act shall not apply to any offset executed pursuant to 
this section against benefits authorized by either title II or title 
XVI of the Social Security Act.
    ``(4) The Secretary of the Treasury is authorized to charge a fee 
sufficient to cover the full cost of implementing this subsection. The 
fee may be collected either by the retention of a portion of amounts 
collected pursuant to this subsection, or by billing the agency 
referring or transferring the claim. Fees charged to the agencies shall 
be based only on actual offsets completed. Fees charged under this 
subsection concerning delinquent claims may be considered as costs 
pursuant to section 3717(e) of this title. Fees charged under this 
subsection shall be deposited into the `Account' determined by the 
Secretary of the Treasury in accordance with section 3711(g) of this 
title, and shall be collected and accounted for in accordance with the 
provisions of that section.
    ``(5) The Secretary of the Treasury may disclose to a creditor 
agency the current address of any payee and any data related to 
certifying and authorizing such payment in accordance with section 552a 
of title 5, United States Code, even when the payment has been exempt 
from offset. Where payments are made electronically, the Secretary is 
authorized to obtain the current address of the debtor/payee from the 
institution receiving the payment. Upon request by the Secretary, the 
institution receiving the payment shall report the current address of 
the debtor/payee to the Secretary.
    ``(6) The Secretary of the Treasury is authorized to prescribe such 
rules, regulations, and procedures as the Secretary of the Treasury 
deems necessary to carry out the purposes of this subsection. The 
Secretary shall consult with the heads of affected agencies in the 
development of such rules, regulations, and procedures.
    ``(7)(A) Any Federal agency that is owed by a named person a past-
due legally enforceable non-tax debt that is over 180 days delinquent 
(other than any past-due support), including non-tax debt administered 
by a third party acting as an agent for the Federal Government, shall 
notify the Secretary of the Treasury of all such non-tax debts for 
purposes of offset under this subsection.
    ``(B) An agency may delay notification under subparagraph (A) with 
respect to a debt that is secured by bond or other instruments in lieu 
of bond, or for which there is another specific repayment source, in 
order to allow sufficient time to either collect the debt through 
normal collection processes (including collection by internal 
administrative offset) or render a final decision on any protest filed 
against the claim.
    ``(8) The disbursing official conducting the offset shall notify 
the payee in writing of--
            ``(A) the occurrence of an offset to satisfy a past-due 
        legally enforceable debt, including a description of the type 
        and amount of the payment otherwise payable to the debtor 
        against which the offset was executed;
            ``(B) the identity of the creditor agency requesting the 
        offset; and
            ``(C) a contact point within the creditor agency that will 
        handle concerns regarding the offset.''.
Where the payment to be offset is a periodic benefit payment, the 
disbursing official shall take reasonable steps, as determined by the 
Secretary of the Treasury, to provide the notice to the payee not later 
than the date on which the payee is otherwise scheduled to receive the 
payment, or as soon as practical thereafter, but no later than the date 
of the offset. Notwithstanding the preceding sentence, the failure of 
the debtor to receive such notice shall not impair the legality of such 
offset.
    ``(9) A levy pursuant to the Internal Revenue Code of 1986 shall 
take precedence over requests for offset received from other 
agencies.''.
    (c) Section 3701(a) of title 31, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(8) `non-tax claim' means any claim from any agency of 
        the Federal Government other than a claim by the Internal 
        Revenue Service under the Internal Revenue Code of 1986.''.

SEC. 5202. HOUSE OF REPRESENTATIVES AS LEGISLATIVE AGENCY.

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

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

    Section 552a(a) of title 5, United States Code, is amended in 
paragraph (8)(B)--
            (1) by striking ``or'' at the end of clause (vi);
            (2) by inserting ``or'' at the end of clause (vii); and
            (3) by adding after clause (vii) the following new clause:
                            ``(viii) matches for administrative offset 
                        or claims collection pursuant to subsection 
                        3716(c) of title 31, section 5514 of this 
                        title, or any other payment intercept or offset 
                        program authorized by statute;''.

SEC. 5204. TECHNICAL AND CONFORMING AMENDMENTS.

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

                   Subpart B--Salary Offset Authority

SEC. 5221. ENHANCEMENT OF SALARY OFFSET AUTHORITY.

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

                Subpart C--Taxpayer Identifying Numbers

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

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

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

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

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

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

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

    (a) Subsection 8(e) of the Debt Collection Act of 1982 (Public Law 
97-365, 31 U.S.C. 3701(d) and 5 U.S.C. 5514 note) is repealed.
    (b) Section 5 of the Social Security Domestic Employment Reform Act 
of 1994 (Public Law 103-387) is repealed.
    (c) Section 631 of the Tariff Act of 1930 (19 U.S.C. 1631), is 
repealed.
    (d) Title 31, United States Code, is amended--
            (1) in section 3701--
                    (A) by amending subsection (a)(4) to read as 
                follows:
            ``(4) `executive, judicial or legislative agency' means a 
        department, military department, agency, court, court 
        administrative office, or instrumentality in the executive, 
        judicial or legislative branches of government, including 
        government corporations.''; and
                    (B) by inserting after subsection (c) the following 
                new subsection:
    ``(d) Sections 3711(f) and 3716-3719 of this title do not apply to 
a claim or debt under, or to an amount payable under, the Internal 
Revenue Code of 1986.'';
            (2) by amending section 3711(f) to read as follows:
    ``(f)(1) When trying to collect a claim of the Government, the head 
of an executive or legislative agency may disclose to a consumer 
reporting agency information from a system of records that an 
individual is responsible for a claim if notice required by section 
552a(e)(4) of title 5, United States Code, indicates that information 
in the system may be disclosed to a consumer reporting agency.
    ``(2) The information disclosed to a consumer reporting agency 
shall be limited to--
            ``(A) information necessary to establish the identity of 
        the individual, including name, address and taxpayer 
        identifying number;
            ``(B) the amount, status, and history of the claim; and
            ``(C) the agency or program under which the claim arose.''; 
        and
            (3) in section 3718--
                    (A) in subsection (a), by striking the first 
                sentence and inserting instead the following: ``Under 
                conditions the head of an executive, legislative or 
                judicial agency considers appropriate, the head of an 
                agency may make a contract with a person for collection 
                service to recover indebtedness owed, or to locate or 
                recover assets of, the United States Government. No 
                head of an agency may enter into a contract to locate 
                or recover assets of the United States held by a State 
                government or financial institution unless that agency 
                has established procedures approved by the Secretary of 
                the Treasury to identify and recover such assets.''; 
                and
                    (B) in subsection (d), by inserting ``, or to 
                locate or recover assets of,'' after ``owed''.

SEC. 5242. GOVERNMENTWIDE CROSS-SERVICING.

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

SEC. 5243. COMPROMISE OF CLAIMS.

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

              Subpart E--Federal Civil Monetary Penalties

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

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

                        Subpart F--Gain Sharing

SEC. 5261. DEBT COLLECTION IMPROVEMENT ACCOUNT.

    (a) Title 31, United States Code, is amended by inserting after 
section 3720B the following new section:
``Sec. 3720C. Debt Collection Improvement Account
    ``(a)(1) There is hereby established in the Treasury a special fund 
to be known as the `Debt Collection Improvement Account' (hereinafter 
referred to as the `Account').
    ``(2) The Account shall be maintained and managed by the Secretary 
of the Treasury, who shall ensure that programs are credited with the 
amounts described in subsection (b) and with allocations described in 
subsection (c).
    ``(b)(1) Not later than 30 days after the end of a fiscal year, an 
agency other than the Department of Justice is authorized to transfer 
to the Account a dividend not to exceed five percent of the debt 
collection improvement amount as described in paragraph (3).
    ``(2) Agency transfers to the Account may include collections 
from--
            ``(A) salary, administrative and tax referral offsets;
            ``(B) automated levy authority;
            ``(C) the Department of Justice; and
            ``(D) private collection agencies.
    ``(3) For purposes of this section, the term `debt collection 
improvement amount' means the amount by which the collection of 
delinquent debt with respect to a particular program during a fiscal 
year exceeds the delinquent debt baseline for such program for such 
fiscal year. The Office of Management and Budget shall determine the 
baseline from which increased collections are measured over the prior 
fiscal year, taking into account the recommendations made by the 
Secretary of the Treasury in consultation with creditor agencies.
    ``(c)(1) The Secretary of the Treasury is authorized to make 
payments from the Account solely to reimburse agencies for qualified 
expenses. For agencies with franchise funds, payments may be credited 
to subaccounts designated for debt collection.
    ``(2) For purposes of this paragraph, the term `qualified expenses' 
means expenditures for the improvement of tax administration and agency 
debt collection and debt recovery activities including, but not limited 
to, account servicing (including cross-servicing under section 502 of 
the Debt Collection Improvement Act of 1996), automatic data processing 
equipment acquisitions, delinquent debt collection, measures to 
minimize delinquent debt, asset disposition, and training of personnel 
involved in credit and debt management.
    ``(3) Payments made to agencies pursuant to paragraph (1) shall be 
in proportion to their contributions to the Account.
    ``(4)(A) Amounts in the Account shall be available to the Secretary 
of the Treasury to the extent and in the amounts provided in advance in 
appropriation Acts, for purposes of this section. Such amounts are 
authorized to be appropriated without fiscal year limitation.
    ``(B) As soon as practicable after the end of third fiscal year 
after which appropriations are made pursuant to this section, and every 
3 years thereafter, any unappropriated balance in the account as 
determined by the Secretary of the Treasury in consultation with 
agencies, shall be transferred to the Treasury general fund as 
miscellaneous receipts.
    ``(d) For direct loan and loan guarantee programs subject to title 
V of the Congressional Budget Act of 1974, amounts credited in 
accordance with subsection (c) shall be considered administrative costs 
and shall not be included in the estimated payments to the Government 
for the purpose of calculating the cost of such programs.
    ``(e) The Secretary of the Treasury shall prescribe such rules, 
regulations, and procedures as the Secretary deems necessary or 
appropriate to carry out the purposes of this section.''.
    (b) The table of sections for subchapter II of chapter 37 of title 
31, United States Code, is amended by inserting after the item relating 
to section 3720B the following new item:

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

                 Subpart G--Tax Refund Offset Authority

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

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

SEC. 5272. EXPANDING TAX REFUND OFFSET AUTHORITY.

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

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

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

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

SEC. 5281. TECHNICAL AMENDMENTS TO DEFINITIONS.

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

SEC. 5282. SEVERABILITY.

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

                          Subpart I--Reporting

SEC. 5291. MONITORING AND REPORTING.

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

                    PART II--JUSTICE DEBT MANAGEMENT

                      Subpart A--Private Attorneys

SEC. 5301. EXPANDED USE OF PRIVATE ATTORNEYS.

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

                   Subpart B--Nonjudicial Foreclosure

SEC. 5311. NONJUDICIAL FORECLOSURE OF MORTGAGES.

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

                ``SUBCHAPTER E--NONJUDICIAL FORECLOSURE

``Sec.
``3401. Definitions.
``3402. Rules of construction.
``3403. Election of procedure.
``3404. Designation of foreclosure trustee.
``3405. Notice of foreclosure sale; statute of limitations.
``3406. Service of notice of foreclosure sale.
``3407. Cancellation of foreclosure sale.
``3408. Stay.
``3409. Conduct of sale; postponement.
``3410. Transfer of title and possession.
``3411. Record of foreclosure and sale.
``3412. Effect of sale.
``3413. Disposition of sale proceeds.
``3414. Deficiency judgment.
``Sec. 3401. Definitions
    ``As used in this subchapter--
            ``(1) `agency' means--
                    ``(A) an executive department as defined in section 
                101 of title 5, United States Code;
                    ``(B) an independent establishment as defined in 
                section 104 of title 5, United States Code (except that 
                it shall not include the General Accounting Office);
                    ``(C) a military department as defined in section 
                102 of title 5, United States Code; and
                    ``(D) a wholly owned government corporation as 
                defined in section 9101(3) of title 31, United States 
                Code;
            ``(2) `agency head' means the head and any assistant head 
        of an agency, and may upon the designation by the head of an 
        agency include the chief official of any principal division of 
        an agency or any other employee of an agency;
            ``(3) `bona fide purchaser' means a purchaser for value in 
        good faith and without notice of any adverse claim who acquires 
        the seller's interest free of any adverse claim;
            ``(4) `debt instrument' means a note, mortgage bond, 
        guaranty or other instrument creating a debt or other 
        obligation, including any instrument incorporated by reference 
        therein and any instrument or agreement amending or modifying a 
        debt instrument;
            ``(5) `file' or `filing' means docketing, indexing, 
        recording, or registering, or any other requirement for 
        perfecting a mortgage or a judgment;
            ``(6) `foreclosure trustee' means an individual, 
        partnership, association, or corporation, or any employee 
        thereof, including a successor, appointed by the agency head to 
        conduct a foreclosure sale pursuant to this subchapter;
            ``(7) `mortgage' means a deed of trust, deed to secure 
        debt, security agreement, or any other form of instrument under 
        which any interest in real property, including leaseholds, life 
        estates, reversionary interests, and any other estates under 
        applicable law is conveyed in trust, mortgaged, encumbered, 
        pledged or otherwise rendered subject to a lien, for the 
        purpose of securing the payment of money or the performance of 
        any other obligation;
            ``(8) `of record' means an interest recorded pursuant to 
        Federal or State statutes that provide for official recording 
        of deeds, mortgages and judgments, and that establish the 
        effect of such records as notice to creditors, purchasers, and 
        other interested persons;
            ``(9) `owner' means any person who has an ownership 
        interest in property and includes heirs, devisees, executors, 
        administrators, and other personal representatives, and 
        trustees of testamentary trusts if the owner of record is 
        deceased;
            ``(10) `sale' means a sale conducted pursuant to this 
        subchapter, unless the context requires otherwise; and
            ``(11) `security property' means real property, or any 
        interest in real property including leaseholds, life estates, 
        reversionary interests, and any other estates under applicable 
        State law that secure a mortgage.
``Sec. 3402. Rules of construction
    ``(a) In General.--If an agency head elects to proceed under this 
subchapter, this subchapter shall apply and the provisions of this 
subchapter shall govern in the event of a conflict with any other 
provision of Federal law or State law.
    ``(b) Limitation.--This subchapter shall not be construed to 
supersede or modify the operation of--
            ``(1) the lease-back/buy-back provisions under section 1985 
        of title 7, United States Code, or regulations promulgated 
        thereunder; or
            ``(2) The Multifamily Mortgage Foreclosure Act of 1981 
        (chapter 38 of title 12, United States Code).
    ``(c) Effect on Other Laws.--This subchapter shall not be construed 
to curtail or limit the rights of the United States or any of its 
agencies--
            ``(1) to foreclose a mortgage under any other provision of 
        Federal law or State law; or
            ``(2) to enforce any right under Federal law or State law 
        in lieu of or in addition to foreclosure, including any right 
        to obtain a monetary judgment.
    ``(d) Application to Mortgages.--The provisions of this subchapter 
may be used to foreclose any mortgage, whether executed prior or 
subsequent to the effective date of this subchapter.
``Sec. 3403. Election of procedure
    ``(a) Security Property Subject to Foreclosure.--An agency head may 
foreclose a mortgage upon the breach of a covenant or condition in a 
debt instrument or mortgage for which acceleration or foreclosure is 
authorized. An agency head may not institute foreclosure proceedings on 
the mortgage under any other provision of law, or refer such mortgage 
for litigation, during the pendency of foreclosure proceedings pursuant 
to this subchapter.
    ``(b) Effect of Cancellation of Sale.--If a foreclosure sale is 
canceled pursuant to section 3407, the agency head may thereafter 
foreclose on the security property in any manner authorized by law.
``Sec. 3404. Designation of foreclosure trustee
    ``(a) In General.--An agency head shall designate a foreclosure 
trustee who shall supersede any trustee designated in the mortgage. A 
foreclosure trustee designated under this section shall have a 
nonjudicial power of sale pursuant to this subchapter.
    ``(b) Designation of Foreclosure Trustee.--
            ``(1) An agency head may designate as foreclosure trustee--
                    ``(A) an officer or employee of the agency;
                    ``(B) an individual who is a resident of the State 
                in which the security property is located; or
                    ``(C) a partnership, association, or corporation, 
                provided such entity is authorized to transact business 
                under the laws of the State in which the security 
                property is located.
            ``(2) The agency head is authorized to enter into personal 
        services and other contracts not inconsistent with this 
        subchapter.
    ``(c) Method of Designation.--An agency head shall designate the 
foreclosure trustee in writing. The foreclosure trustee may be 
designated by name, title, or position. An agency head may designate 
one or more foreclosure trustees for the purpose of proceeding with 
multiple foreclosures or a class of foreclosures.
    ``(d) Availability of Designation.--An agency head may designate 
such foreclosure trustees as the agency head deems necessary to carry 
out the purposes of this subchapter.
    ``(e) Multiple Foreclosure Trustees Authorized.--An agency head may 
designate multiple foreclosure trustees for different tracts of a 
secured property.
    ``(f) Removal of Foreclosure Trustees; Successor Foreclosure 
Trustees.--An agency head may, with or without cause or notice, remove 
a foreclosure trustee and designate a successor trustee as provided in 
this section. The foreclosure sale shall continue without prejudice 
notwithstanding the removal of the foreclosure trustee and designation 
of a successor foreclosure trustee. Nothing in this section shall be 
construed to prohibit a successor foreclosure trustee from postponing 
the foreclosure sale in accordance with this subchapter.
``Sec. 3405. Notice of foreclosure sale; statute of limitations
    ``(a) In General.--
            ``(1) Not earlier than 21 days nor later than ten years 
        after acceleration of a debt instrument or demand on a 
        guaranty, the foreclosure trustee shall serve a notice of 
        foreclosure sale in accordance with this subchapter.
            ``(2) For purposes of computing the time period under 
        paragraph (1), there shall be excluded all periods during which 
        there is in effect--
                    ``(A) a judicially imposed stay of foreclosure; or
                    ``(B) a stay imposed by section 362 of title 11, 
                United States Code.
            ``(3) In the event of partial payment or written 
        acknowledgement of the debt after acceleration of the debt 
        instrument, the right to foreclosure shall be deemed to accrue 
        again at the time of each such payment or acknowledgement.
    ``(b) Notice of Foreclosure Sale.--The notice of foreclosure sale 
shall include--
            ``(1) the name, title, and business address of the 
        foreclosure trustee as of the date of the notice;
            ``(2) the names of the original parties to the debt 
        instrument and the mortgage, and any assignees of the mortgagor 
        of record;
            ``(3) the street address or location of the security 
        property, and a generally accepted designation used to describe 
        the security property, or so much thereof as is to be offered 
        for sale, sufficient to identify the property to be sold;
            ``(4) the date of the mortgage, the office in which the 
        mortgage is filed, and the location of the filing of the 
        mortgage;
            ``(5) the default or defaults upon which foreclosure is 
        based, and the date of the acceleration of the debt instrument;
            ``(6) the date, time, and place of the foreclosure sale;
            ``(7) a statement that the foreclosure is being conducted 
        in accordance with this subchapter;
            ``(8) the types of costs, if any, to be paid by the 
        purchaser upon transfer of title; and
            ``(9) the terms and conditions of sale, including the 
        method and time of payment of the foreclosure purchase price.
``Sec. 3406. Service of notice of foreclosure sale
    ``(a) Record Notice.--At least 21 days prior to the date of the 
foreclosure sale, the notice of foreclosure sale required by section 
3405 shall be filed in the manner authorized for filing a notice of an 
action concerning real property according to the law of the State where 
the security property is located or, if none, in the manner authorized 
by section 3201 of this chapter.
    ``(b) Notice by Mail.--
            ``(1) At least 21 days prior to the date of the foreclosure 
        sale, the notice set forth in section 3405 shall be sent by 
        registered or certified mail, return receipt requested--
                    ``(A) to the current owner of record of the 
                security property as the record appears on the date 
                that the notice of foreclosure sale is recorded 
                pursuant to subsection (a);
                    ``(B) to all debtors, including the mortgagor, 
                assignees of the mortgagor and guarantors of the debt 
                instrument;
                    ``(C) to all persons having liens, interests or 
                encumbrances of record upon the security property, as 
                the record appears on the date that the notice of 
                foreclosure sale is recorded pursuant to subsection 
                (a); and
                    ``(D) to any occupants of the security property. If 
                the names of the occupants of the security property are 
                not known to the agency, or the security property has 
                more than one dwelling unit, the notice shall be posted 
                at the security property.
            ``(2) The notice shall be sent to the debtor at the 
        address, if any, set forth in the debt instrument or mortgage 
        as the place to which notice is to be sent, and if different, 
        to the debtor's last known address as shown in the mortgage 
        record of the agency. The notice shall be sent to any person 
        other than the debtor to that person's address of record or, if 
        there is no address of record, to any address at which the 
        agency in good faith believes the notice is likely to come to 
        that person's attention.
            ``(3) Notice by mail pursuant to this subsection shall be 
        effective upon mailing.
    ``(c) Notice by Publication.--The notice of the foreclosure sale 
shall be published at least once a week for each of three successive 
weeks prior to the sale in at least one newspaper of general 
circulation in any county or counties in which the security property is 
located. If there is no newspaper published at least weekly that has a 
general circulation in at least one county in which the security 
property is located, copies of the notice of foreclosure sale shall 
instead be posted at least 21 days prior to the sale at the courthouse 
of any county or counties in which the property is located and the 
place where the sale is to be held.
``Sec. 3407. Cancellation of foreclosure sale
    ``(a) In General.--At any time prior to the foreclosure sale, the 
foreclosure trustee shall cancel the sale--
            ``(1) if the debtor or the holder of any subordinate 
        interest in the security property tenders the performance due 
        under the debt instrument and mortgage, including any amounts 
        due because of the exercise of the right to accelerate, and the 
        expenses of proceeding to foreclosure incurred to the time of 
        tender;
            ``(2) if the security property is a dwelling of four units 
        or fewer, and the debtor--
                    ``(A) pays or tenders all sums which would have 
                been due at the time of tender in the absence of any 
                acceleration;
                    ``(B) performs any other obligation which would 
                have been required in the absence of any acceleration; 
                and
                    ``(C) pays or tenders all costs of foreclosure 
                incurred for which payment from the proceeds of the 
                sale would be allowed; or
            ``(3) for any reason approved by the agency head.
    ``(b) Limitation.--The debtor may not, without the approval of the 
agency head, cure the default under subsection (a)(2) if, within the 
preceding 12 months, the debtor has cured a default after being served 
with a notice of foreclosure sale pursuant to this subchapter.
    ``(c) Notice of Cancellation.--The foreclosure trustee shall file a 
notice of the cancellation in the same place and manner provided for 
the filing of the notice of foreclosure sale under section 3406(a).
``Sec. 3408. Stay
    ``If, prior to the time of sale, foreclosure proceedings under this 
subchapter are stayed in any manner, including the filing of 
bankruptcy, no person may thereafter cure the default under the 
provisions of section 3407(a)(2). If the default is not cured at the 
time a stay is terminated, the foreclosure trustee shall proceed to 
sell the security property as provided in this subchapter.
``Sec. 3409. Conduct of sale; postponement
    ``(a) Sale Procedures.--Foreclosure sale pursuant to this 
subchapter shall be at public auction and shall be scheduled to begin 
at a time between the hours of 9:00 a.m. and 4:00 p.m. local time. The 
foreclosure sale shall be held at the location specified in the notice 
of foreclosure sale, which shall be a location where real estate 
foreclosure auctions are customarily held in the county or one of the 
counties in which the property to be sold is located or at a courthouse 
therein, or upon the property to be sold. Sale of security property 
situated in two or more counties may be held in any one of the counties 
in which any part of the security property is situated. The foreclosure 
trustee may designate the order in which multiple tracts of security 
property are sold.
    ``(b) Bidding Requirements.--Written one-price sealed bids shall be 
accepted by the foreclosure trustee, if submitted by the agency head or 
other persons for entry by announcement by the foreclosure trustee at 
the sale. The sealed bids shall be submitted in accordance with the 
terms set forth in the notice of foreclosure sale. The agency head or 
any other person may bid at the foreclosure sale, even if the agency 
head or other person previously submitted a written one-price bid. The 
agency head may bid a credit against the debt due without the tender or 
payment of cash. The foreclosure trustee may serve as auctioneer, or 
may employ an auctioneer who may be paid from the sale proceeds. If an 
auctioneer is employed, the foreclosure trustee is not required to 
attend the sale. The foreclosure trustee or an auctioneer may bid as 
directed by the agency head.
    ``(c) Postponement of Sale.--The foreclosure trustee shall have 
discretion, prior to or at the time of sale, to postpone the 
foreclosure sale. The foreclosure trustee may postpone a sale to a 
later hour the same day by announcing or posting the new time and place 
of the foreclosure sale at the time and place originally scheduled for 
the foreclosure sale. The foreclosure trustee may instead postpone the 
foreclosure sale for not fewer than 9 nor more than 31 days, by serving 
notice that the foreclosure sale has been postponed to a specified 
date, and the notice may include any revisions the foreclosure trustee 
deems appropriate. The notice shall be served by publication, mailing, 
and posting in accordance with section 3406 (b) and (c), except that 
publication may be made on any of three separate days prior to the new 
date of the foreclosure sale, and mailing may be made at any time at 
least 7 days prior to the new date of the foreclosure sale.
    ``(d) Liability of Successful Bidder Who Fails To Comply.--The 
foreclosure trustee may require a bidder to make a cash deposit before 
the bid is accepted. The amount or percentage of the cash deposit shall 
be stated by the foreclosure trustee in the notice of foreclosure sale. 
A successful bidder at the foreclosure sale who fails to comply with 
the terms of the sale shall forfeit the cash deposit or, at the 
election of the foreclosure trustee, shall be liable to the agency on a 
subsequent sale of the property for all net losses incurred by the 
agency as a result of such failure.
    ``(e) Effect of Sale.--Any foreclosure sale held in accordance with 
this subchapter shall be conclusively presumed to have been conducted 
in a legal, fair, and commercially reasonable manner. The sale price 
shall be conclusively presumed to constitute the reasonably equivalent 
value of the security property.
``Sec. 3410. Transfer of title and possession
    ``(a) Deed.--After receipt of the purchase price in accordance with 
the terms of the sale as provided in the notice of foreclosure sale, 
the foreclosure trustee shall execute and deliver to the purchaser a 
deed conveying the security property to the purchaser that grants and 
conveys title to the security property without warranty or covenants to 
the purchaser. The execution of the foreclosure trustee's deed shall 
have the effect of conveying all of the right, title, and interest in 
the security property covered by the mortgage. Notwithstanding any 
other law to the contrary, the foreclosure trustee's deed shall be a 
conveyance of the security property and not a quitclaim. No judicial 
proceeding shall be required ancillary or supplementary to the 
procedures provided in this subchapter to establish the validity of the 
conveyance.
    ``(b) Death of Purchaser Prior to Consummation of Sale.--If a 
purchaser dies before execution and delivery of the deed conveying the 
security property to the purchaser, the foreclosure trustee shall 
execute and deliver the deed to the representative of the purchaser's 
estate upon payment of the purchase price in accordance with the terms 
of sale. Such delivery to the representative of the purchaser's estate 
shall have the same effect as if accomplished during the lifetime of 
the purchaser.
    ``(c) Purchaser Considered Bona Fide Purchaser Without Notice.--The 
purchaser of property under this subchapter shall be presumed to be a 
bona fide purchaser without notice of defects, if any, in the title 
conveyed to the purchaser.
    ``(d) Possession by Purchaser; Continuing Interests.--A purchaser 
at a foreclosure sale conducted pursuant to this subchapter shall be 
entitled to possession upon passage of title to the security property, 
subject to any interest or interests senior to that of the mortgage. 
The right to possession of any person without an interest senior to the 
mortgage who is in possession of the property shall terminate 
immediately upon the passage of title to the security property, and the 
person shall vacate the security property immediately. The purchaser 
shall be entitled to take any steps available under Federal law or 
State law to obtain possession.
    ``(e) Right of Redemption; Right of Possession.--This subchapter 
shall preempt all Federal and State rights of redemption, statutory, or 
common law. Upon conclusion of the public auction of the security 
property, no person shall have a right of redemption.
    ``(f) Prohibition of Imposition of Tax on Conveyance by the United 
States or Agency Thereof.--No tax, or fee in the nature of a tax, for 
the transfer of title to the security property by the foreclosure 
trustee's deed shall be imposed upon or collected from the foreclosure 
trustee or the purchaser by any State or political subdivision thereof.
``Sec. 3411. Record of foreclosure and sale
    ``(a) Recital Requirements.--The foreclosure trustee shall recite 
in the deed to the purchaser, or in an addendum to the foreclosure 
trustee's deed, or shall prepare an affidavit stating--
            ``(1) the date, time, and place of sale;
            ``(2) the date of the mortgage, the office in which the 
        mortgage is filed, and the location of the filing of the 
        mortgage;
            ``(3) the persons served with the notice of foreclosure 
        sale;
            ``(4) the date and place of filing of the notice of 
        foreclosure sale under section 3406(a);
            ``(5) that the foreclosure was conducted in accordance with 
        the provisions of this subchapter; and
            ``(6) the sale amount.
    ``(b) Effect of Recitals.--The recitals set forth in subsection (a) 
shall be prima facie evidence of the truth of such recitals. Compliance 
with the requirements of subsection (a) shall create a conclusive 
presumption of the validity of the sale in favor of bona fide 
purchasers and encumbrancers for value without notice.
    ``(c) Deed To Be Accepted for Filing.--The register of deeds or 
other appropriate official of the county or counties where real estate 
deeds are regularly filed shall accept for filing and shall file the 
foreclosure trustee's deed and affidavit, if any, and any other 
instruments submitted for filing in relation to the foreclosure of the 
security property under this subchapter.
``Sec. 3412. Effect of sale
    ``A sale conducted under this subchapter to a bona fide purchaser 
shall bar all claims upon the security property by--
            ``(1) any person to whom the notice of foreclosure sale was 
        mailed as provided in this subchapter who claims an interest in 
        the property subordinate to that of the mortgage, and the heir, 
        devisee, executor, administrator, successor, or assignee 
        claiming under any such person;
            ``(2) any person claiming any interest in the property 
        subordinate to that of the mortgage, if such person had actual 
        knowledge of the sale;
            ``(3) any person so claiming, whose assignment, mortgage, 
        or other conveyance was not filed in the proper place for 
        filing, or whose judgment or decree was not filed in the proper 
        place for filing, prior to the date of filing of the notice of 
        foreclosure sale as required by section 3406(a), and the heir, 
        devisee, executor, administrator, successor, or assignee of 
        such a person; or
            ``(4) any other person claiming under a statutory lien or 
        encumbrance not required to be filed and attaching to the title 
        or interest of any person designated in any of the foregoing 
        subsections of this section.
``Sec. 3413. Disposition of sale proceeds
    ``(a) Distribution of Sale Proceeds.--The foreclosure trustee shall 
distribute the proceeds of the foreclosure sale in the following 
order--
            ``(1)(A) to pay the commission of the foreclosure trustee, 
        other than an agency employee, the greater of--
                    ``(i) the sum of--
                            ``(I) 3 percent of the first $1,000 
                        collected, plus
                            ``(II) 1.5 percent on the excess of any sum 
                        collected over $1,000; or
                    ``(ii) $250; and
            ``(B) the amounts described in subparagraph (A)(i) shall be 
        computed on the gross proceeds of all security property sold at 
        a single sale;
            ``(2) to pay the expense of any auctioneer employed by the 
        foreclosure trustee, if any, except that the commission payable 
        to the foreclosure trustee pursuant to paragraph (1) shall be 
        reduced by the amount paid to an auctioneer, unless the agency 
        head determines that such reduction would adversely affect the 
        ability of the agency head to retain qualified foreclosure 
        trustees or auctioneers;
            ``(3) to pay for the costs of foreclosure, including--
                    ``(A) reasonable and necessary advertising costs 
                and postage incurred in giving notice pursuant to 
                section 3406;
                    ``(B) mileage for posting notices and for the 
                foreclosure trustee's or auctioneer's attendance at the 
                sale at the rate provided in section 1921 of title 28, 
                United States Code, for mileage by the most reasonable 
                road distance;
                    ``(C) reasonable and necessary costs actually 
                incurred in connection with any search of title and 
                lien records; and
                    ``(D) necessary costs incurred by the foreclosure 
                trustee to file documents;
            ``(4) to pay valid real property tax liens or assessments, 
        if required by the notice of foreclosure sale;
            ``(5) to pay any liens senior to the mortgage, if required 
        by the notice of foreclosure sale;
            ``(6) to pay service charges and advancements for taxes, 
        assessments, and property insurance premiums; and
            ``(7) to pay late charges and other administrative costs 
        and the principal and interest balances secured by the 
        mortgage, including expenditures for the necessary protection, 
        preservation, and repair of the security property as authorized 
        under the debt instrument or mortgage and interest thereon if 
        provided for in the debt instrument or mortgage, pursuant to 
        the agency's procedure.
    ``(b) Insufficient Proceeds.--In the event there are no proceeds of 
sale or the proceeds are insufficient to pay the costs and expenses set 
forth in subsection (a), the agency head shall pay such costs and 
expenses as authorized by applicable law.
    ``(c) Surplus Monies.--
            ``(1) After making the payments required by subsection (a), 
        the foreclosure trustee shall--
                    ``(A) distribute any surplus to pay liens in the 
                order of priority under Federal law or the law of the 
                State where the security property is located; and
                    ``(B) pay to the person who was the owner of record 
                on the date the notice of foreclosure sale was filed 
                the balance, if any, after any payments made pursuant 
                to paragraph (1).
            ``(2) If the person to whom such surplus is to be paid 
        cannot be located, or if the surplus available is insufficient 
        to pay all claimants and the claimants cannot agree on the 
        distribution of the surplus, that portion of the sale proceeds 
        may be deposited by the foreclosure trustee with an appropriate 
        official authorized under law to receive funds under such 
        circumstances. If such a procedure for the deposit of disputed 
        funds is not available, and the foreclosure trustee files a 
        bill of interpleader or is sued as a stakeholder to determine 
        entitlement to such funds, the foreclosure trustee's necessary 
        costs in taking or defending such action shall be deducted 
        first from the disputed funds.
``Sec. 3414. Deficiency judgment
    ``(a) In General.--If after deducting the disbursements described 
in section 3413, the price at which the security property is sold at a 
foreclosure sale is insufficient to pay the unpaid balance of the debt 
secured by the security property, counsel for the United States may 
commence an action or actions against any or all debtors to recover the 
deficiency, unless specifically prohibited by the mortgage. The United 
States is also entitled to recover any amount authorized by section 
3011 and costs of the action.
    ``(b) Limitation.--Any action commenced to recover the deficiency 
shall be brought within 6 years of the last sale of security property.
    ``(c) Credits.--The amount payable by a private mortgage guaranty 
insurer shall be credited to the account of the debtor prior to the 
commencement of an action for any deficiency owed by the debtor. 
Nothing in this subsection shall curtail or limit the subrogation 
rights of a private mortgage guaranty insurer.''.

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

       federal aviation administration grants-in-aid for airports

                    (airport and airway trust fund)

                   (rescission of contract authority)

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

                 TITLE VI--FOOD AND DRUG EXPORT REFORM

SEC. 6001. SHORT TITLE, REFERENCE.

    (a) Short Title.--This title may be cited as the ``FDA Export 
Reform and Enhancement Act of 1996''.
    (b) Reference.--Wherever in this title (other than in section 6004) 
an amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Federal 
Food, Drug, and Cosmetic Act. (21 U.S.C. 321 et seq.)

SEC. 6002. EXPORT OF DRUGS AND DEVICES.

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

                ``exports of certain unapproved products

    ``Sec. 802. (a) A drug (including a biological product) intended 
for human use or a device for human use--
            ``(1) which, in the case of a drug--
                    ``(A)(i) requires approval by the Secretary under 
                section 505 before such drug may be introduced or 
                delivered for introduction into interstate commerce; or
                    ``(ii) requires licensing by the Secretary under 
                section 351 of the Public Health Service Act or by the 
                Secretary of Agriculture under the Act of March 4, 1913 
                (known as the Virus-Serum Toxin Act) before it may be 
                introduced or delivered for introduction into 
                interstate commerce; and
                    ``(B) does not have such approval or license, is 
                not exempt from such sections or Act, and is introduced 
                or delivered for introduction into interstate commerce; 
                or
            ``(2) which, in the case of a device--
                    ``(A) does not comply with an applicable 
                requirement under section 514 or 515;
                    ``(B) under section 520(g) is exempt from either 
                such section; or
                    ``(C) is a banned device under section 516,
is adulterated, misbranded, and in violation of such sections or Act 
unless the export of the drug or device is authorized under subsection 
(b), (c), (d), or (e), or under section 801(e)(2). If a drug (including 
a biological product) or device described in paragraphs (1) and (2) may 
be exported under subsection (b) and if an application for such drug or 
device under section 505 or 514 or section 351 of the Public Health 
Service Act was disapproved, the Secretary shall notify the appropriate 
public health official of the country to which such drug will be 
exported of such disapproval.
    ``(b)(1) Except as otherwise provided in this section, a drug 
(including a biological product) or device may be exported to any 
country, if the drug or device complies with the laws of that country 
and has valid marketing authorization by the appropriate approval 
authority--
            ``(A) in Australia, Canada, Israel, Japan, New Zealand, 
        Switzerland, or South Africa; or
            ``(B) in the European Union or a country in the European 
        Economic Area (the countries in the European Union and the 
        European Free Trade Association) if the drug or device is 
        marketed in that country or the drug or device is authorized 
        for general marketing in the European Economic Area.
    ``(2) The Secretary may designate an additional country or 
countries to be included in the list of countries described in 
subparagraphs (A) and (B) of paragraph (1). The Secretary shall not 
delegate the authority granted under this paragraph.
    ``(3) An appropriate country official, manufacturer, or exporter 
may request the Secretary to designate an additional country or 
countries to be included in the list of countries described in 
subparagraphs (A) and (B) of paragraph (1) by submitting documentation 
to the Secretary in support of such designation. Any person other than 
a country requesting such designation shall include along with the 
request a letter from the country indicating the desire of such country 
to be designated.
    ``(4) The Secretary shall designate a country or countries to be 
included in the list of countries described in subparagraphs (A) and 
(B) of paragraph (1) if the Secretary finds that the valid marketing 
authorization system in such country or countries is equivalent to the 
systems in the countries described in subparagraphs (A) and (B) of 
paragraph (1).
    ``(c) A drug or device intended for investigational use in any 
country described in subsection (b) may be exported in accordance with 
the laws of that country and shall be exempt from regulation under 
section 505(i) or 520(g).
    ``(d) A drug or device intended for formulation, filling, 
packaging, labeling, or further processing in anticipation of market 
authorization in any country described in paragraph (1)(A) or (B) of 
subsection (b) may be exported to those countries for use in accordance 
with the laws of that country.
    ``(e)(1) A drug (including a biological product) or device which is 
to be used in the prevention or treatment of a tropical disease or 
other disease not prevalent in the United States and which does not 
otherwise qualify for export under this section may, upon approval of 
an application submitted under paragraph (2), be exported if--
            ``(A) the Secretary finds, based on credible scientific 
        evidence, including clinical investigations, that the drug or 
        device is safe and effective in the country to which the drug 
        or device is to be exported in the prevention or treatment of a 
        tropical disease or other disease not prevalent in the United 
        States in such country;
            ``(B) the drug or device is manufactured, processed, 
        packaged, and held in conformity with current good 
        manufacturing practice and is not adulterated under subsection 
        (a)(1), (a)(2)(A), (a)(3), (c), or (d) of section 501;
            ``(C) the outside of the shipping package is labeled with 
        the following statement: `This drug or device may be sold or 
        offered for sale only in the following countries: 
        ____________', the blank space being filled with a list of the 
        countries to which export of the drug or device is authorized 
        under this subsection;
            ``(D) the drug or device is not the subject of a notice by 
        the Secretary or the Secretary of Agriculture of a 
        determination that the manufacture of the drug or device in the 
        United States for export to a country is contrary to the public 
        health and safety of the United States; and
            ``(E) the requirements of subparagraphs (A) through (D) of 
        section 801(e)(1) have been met.
    ``(2) Any person may apply to have a drug or device exported under 
paragraph (1). The application shall--
            ``(A) describe the drug or device to be exported;
            ``(B) list each country to which the drug or device is to 
        be exported;
            ``(C) contain a certification by the applicant that the 
        drug or device will not be exported to a country for which the 
        Secretary cannot make a finding described in paragraph (1)(A);
            ``(D) identify the establishments in which the drug or 
        device is manufactured; and
            ``(E) demonstrate to the Secretary that the drug or device 
        meets the requirements of paragraph (1).
    ``(3) The holder of an approved application for the export of a 
drug or device under this subsection shall report to the Secretary--
            ``(A) the receipt of any information indicating that the 
        drug or device is being or may have been exported from a 
        country for which the Secretary made a finding under paragraph 
        (1)(A) to a country for which the Secretary cannot make such a 
        finding; and
            ``(B) the receipt of any information indicating any adverse 
        reactions to such drug.
    ``(4)(A) If the Secretary determines that--
            ``(i) a drug or device for which an application is approved 
        under paragraph (2) does not continue to meet the requirements 
        of paragraph (1);
            ``(ii) the holder of such application has not made the 
        report required by paragraph (3); or
            ``(iii) the manufacture of such drug or device in the 
        United States for export is contrary to the public health and 
        safety of the United States and an application for the export 
        of such drug or device has been approved under paragraph (2),
then before taking action against the holder of an application for 
which a determination was made under clause (i), (ii), or (iii), the 
Secretary shall notify the holder in writing of the determination and 
provide the holder 30 days to take such action as may be required to 
prevent the Secretary from taking action against the holder under this 
subparagraph. If the Secretary takes action against such holder because 
of such a determination, the Secretary shall provide the holder a 
written statement specifying the reasons for such determination and 
provide the holder, on request, an opportunity for an informal hearing 
with respect to such determination.
    ``(B) If at any time the Secretary, or in the absence of the 
Secretary, the official designated to act on behalf of the Secretary, 
determines that--
            ``(i) the holder of an approved application under paragraph 
        (2) is exporting a drug or device from the United States to an 
        importer;
            ``(ii) such importer is exporting the drug or device to a 
        country for which the Secretary cannot make a finding under 
        paragraph (1)(A); and
            ``(iii) such export presents an imminent hazard to the 
        public health in such country,
the Secretary shall immediately prohibit the export of the drug or 
device to such importer, provide the person exporting the drug or 
device from the United States prompt notice of the determination, and 
afford such person an opportunity for an expedited hearing. A 
determination by the Secretary under this subparagraph may not be 
stayed pending final action by a reviewing court. The authority 
conferred by this subparagraph shall not be delegated by the Secretary.
    ``(C) If the Secretary, or in the absence of the Secretary, the 
official designated to act on behalf of the Secretary, determines that 
the holder of an approved application under paragraph (2) is exporting 
a drug or device to a country for which the Secretary cannot make a 
finding under paragraph (1)(A), and that the export of the drug or 
device presents an imminent hazard, the Secretary shall immediately 
prohibit the export of the drug or device to such country, give the 
holder prompt notice of the determination, and afford the holder an 
opportunity for an expedited hearing. A determination by the Secretary 
under this subparagraph may not be stayed pending final action by a 
reviewing court. The authority conferred by this subparagraph shall not 
be delegated by the Secretary.
    ``(D) If the Secretary receives credible evidence that the holder 
of an application approved under paragraph (2) is exporting a drug or 
device to a country for which the Secretary cannot make a finding under 
paragraph (1)(A), the Secretary shall give the holder 60 days to 
provide information to the Secretary respecting such evidence and shall 
provide the holder an opportunity for an informal hearing on such 
evidence. Upon the expiration of such 60 days, the Secretary shall 
prohibit the export of such drug or device to such country if the 
Secretary determines the holder is exporting the drug or device to a 
country for which the Secretary cannot make a finding under paragraph 
(1)(A).
    ``(E) If the Secretary receives credible evidence that an importer 
is exporting a drug or device to a country for which the Secretary 
cannot make a finding under paragraph (1)(A), the Secretary shall 
notify the holder of the application authorizing the export of such 
drug or device of such evidence and shall require the holder to 
investigate the export by such importer and to report to the Secretary 
within 14 days of the receipt of such notice the findings of the 
holder. If the Secretary determines that the importer has exported a 
drug or device to such a country, the Secretary shall prohibit such 
holder from exporting such drug or device to the importer unless the 
Secretary determines that the export by the importer was unintentional.
    ``(f) A drug or device may not be exported under this section if--
            ``(1) the drug or device is not manufactured, processed, 
        packaged, and held in conformity with current good 
        manufacturing practice or is adulterated under paragraph (1), 
        (2)(A), or (3) of section 501(a) or subsection (c) or (d) of 
        section 501;
            ``(2) the requirements of subparagraphs (A) through (D) of 
        section 801(e)(1) have not been met;
            ``(3)(A) the drug or device is the subject of a notice by 
        the Secretary or the Secretary of Agriculture of a 
        determination that the possibility of reimportation of the 
        exported drug or device would present an imminent hazard to the 
        public health and safety of the United States and the only 
        means of limiting the hazard is to prohibit the export of the 
        drug or device;
            ``(B) the drug or device presents an imminent hazard to the 
        public health of the country to which the drug or device would 
        be exported; or
            ``(4) the drug or device is not labeled or promoted--
                    ``(A) in accordance with the requirements and 
                conditions for use in--
                            ``(i) the country in which the drug or 
                        device received a valid marketing authorization 
                        under subsection (b)(2); and
                            ``(ii) the country to which the drug or 
                        device would be exported; and
                    ``(B) in the language of the country or designated 
                by the country to which the drug or device would be 
                exported.
``In making a finding under paragraph (3)(B), the Secretary shall, to 
the maximum extent possible, consult with the appropriate public health 
official in the affected country.
    ``(g) The exporter of a drug or device exported under this section 
shall provide a simple notification to the Secretary when the exporter 
first begins to export such drug or device to a country and shall 
maintain records of all products exported pursuant to this section.
    ``(h) For purposes of this section--
            (1) a reference to the Secretary shall in the case of a 
        biological product which is required to be licensed under the 
        Act of March 4, 1913 (37 Stat. 832-833) (commonly known as the 
        Virus-Serum Toxin Act) be considered to be a reference to the 
        Secretary of Agriculture, and
            (2) the term ``drug'' includes drugs for human use as well 
        as biologicals under section 351 of the Public Health Service 
        Act or the Act of March 4, 1913 (37 Stat. 832-833) (commonly 
        known as the Virus-Serum Toxin Act).''

SEC. 6003. PROHIBITED ACT.

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

SEC. 6004. PARTIALLY PROCESSED BIOLOGICAL PRODUCTS.

    Subsection (h) of section 351 of the Public Health Service Act (42 
U.S.C. 262) is amended to read as follows:
    ``(h) A partially processed biological product which--
            ``(1) is not in a form applicable to the prevention, 
        treatment, or cure of diseases or injuries of man;
            ``(2) is not intended for sale in the United States; and
            ``(3) is intended for further manufacture into final dosage 
        form outside the United States,
shall be subject to no restriction on the export of the product under 
this Act or the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et 
seq.) if the product is manufactured, processed, packaged, and held in 
conformity with current good manufacturing practice and meets the 
requirements in section 801(e)(1) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 381(e)).''.
    This Act may be cited as the ``Omnibus Consolidated Rescissions and 
Appropriations Act of 1996''.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                               H. R. 3019

_______________________________________________________________________

                               AMENDMENT

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